Terms

OnTrack Agent! Terms of Service

Last Updated 07/21/2021

OnTrack Agent is an online digital hub for real estate agents and trainers to find and learn from each other as well as build communities of support. These terms govern how we operate to provide the best experience possible while achieving the goals of our mission.

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and New Agent 365 (“we,” “us” or “our”), concerning your access to and use of the OnTrack Agent website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. 

Supplemental Terms of Service or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and/or no longer want to be a part of the OnTrack Agent community, you can delete your account at any time by Contacting Us and requesting that we delete your account.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.


Permissions

Any and all audio, video, text, pictures, graphics, comments and any other content data generated or provided by you is owned and controlled solely by you. 

OnTrack Agent does not claim ownership rights to your content, and we hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

Without prejudice to the conditions set forth, you must not upload, store, distribute, send, transmit, display, perform, share or make available to the public any content in which you are not the owner or hold the necessary rights. Any such infringement may result in termination of your access to OnTrack Agent. 

Grant of License and Royalty

In order for OnTrack Agent to provide our services we need you to give us legal permission, or license, to use this content so that we can provide our products and services.

By uploading or posting your content on the platform, you initiate an automated process that allows your content to be stored on our servers from which you control and authorize the use of your content. 

You agree that all blogs and videos will be original content to OnTrack Agent and not posted anywhere else. 

You further agree that we may update and modify our software and systems at any time as we see fit in order to improve the user experience.

Restrictions

OnTrack Agent reserves the right to remove or restrict any content or product on our site. We will communicate with you the reason why and allow an opportunity to remedy the situation on your end. This includes the inability to meet our technical quality standards, harm our community of users, compromise or interfere with the quality of our systems, products or services.

User Registration

In order to use OnTrack Agent, you are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Who can use OnTrack Agent

Registration with OnTrack Agent is limited to the following individuals or entities:

  1. Any person with a real estate license;
  2. Any person who trains on a segment of real estate that meets our technical requirements;
  3. Any lender with a license;
  4. Any financial adviser with a license;
  5. Any person with finance or business coaching experience.

We try to make OnTrack Agent broadly available to everyone, but you cannot use OnTrack Agent if:

  1. We’ve previously disabled your account for violations of our Terms or Policies,
  2. You are prohibited from receiving our products, services, or software under applicable laws;
  3. You have demonstrated fraudulent, discriminatory, or inflammatory  behavior;
  4. Your content is found to be plagiarized or under copyright infringement;
  5. You burden or impede OnTrack Agent’s ability to deliver the intended user experience; 
  6. You collect data for sale to a third party, collect data of any kind without permission, use automation services to collect or access data; 
  7. Your products are misleading or fraudulent.

User Representations

By using the Site, you represent and warrant that you will:

  1. Use the same name that you use in everyday life,
  2. Provide accurate information about yourself,
  3. Create only one account (your own),
  4. Not share your password, give access to your OnTrack Agent account to others, or transfer your account to anyone else (without the permission of OnTrack Agent).

Limits on Liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the OnTrack Agent web application will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the OnTrackAgent Application (“claim”), you agree that it will be resolved exclusively in the U.S. District Court for the State of Oregon. You also agree to submit to the personal jurisdiction for the purpose of litigating any such claim, and that the laws of the State of Oregon will govern these Terms and any claim, without regard to conflict of law provisions.

Privacy Policy

Personal Information

By joining the OnTrack Agent Community, you agree to share certain personal information and identification with the OnTrack Agent administrators and other members of the OnTrack Agent community. 

Collection Process

When you create an account with OnTrack Agent, we may ask you for information like your name, location, your email address, and phone number so that we can contact you or follow up with user questions. 

We generally do not seek data that may be considered “special” or “sensitive” personal data (e.g., government-issued identification numbers or information related to an individual’s racial or ethnic origin, political opinions, religious or other beliefs, health, criminal background, or trade union membership) from visitors of this Site, and we ask that you do not provide such data. If we specifically require “special” or “sensitive” personal data in connection with one or more of the uses described below, we will request your consent to use the data in accordance with this Privacy Statement and/or in the ways described at the point you were asked to disclose the data. If you voluntarily share with us or post/upload  any “special” or “sensitive” personal data to this Site for any other reason, you consent that we may use such data in accordance with applicable law and this Privacy Statement.

Usage

We use data about you for the purpose(s) for which it was collected or provided to us (as stated at the point of collection) or as otherwise obvious from the context of collection. We may also use data to:

  1. Administer and manage this Site, communicate with you about this Site, process your request for information, or otherwise complete a transaction or service you request or authorize; 
  2. Customize or personalize your user experience and the content we deliver to you, including to provide you with content that is more relevant to you;  
  3. Contact you about OnTrack Agent’s products and services, provide you with promotional materials or offers for products/services from OnTrack Agent, or send you other communications about OnTrack Agent’s business and events (including communications based on your interests, personal and business characteristics, and location) (collectively, “marketing communications”). We may provide these communications and offers via email, postal mail, online, social media platforms, text messages, and other means; 
  4. Carry out our internal business purposes, such as corporate transactions, audits, and data analysis; conduct research and analytics about your use of this Site and interaction with us; develop new products; improve this Site and our existing products and services; identify usage trends; assess the performance of our advertisements; optimize our advertising campaigns; and determine the effectiveness of our communications; 
  5. Protect the rights, safety, property, or operations of one or more OnTrack Agent affiliates, you, or others; 
  6. Comply with applicable law and/or respond to requests and communications from law enforcement authorities or other government officials.

Note that you may unsubscribe from an OnTrack Agent mailing list at any time by clicking on the ‘unsubscribe’ link in any of our marketing communications to you. After you unsubscribe, we will not send you further marketing communications, but we may continue to contact you to the extent necessary for the purposes of any services you have requested.

Grant of License and Royalty section should read as follows:
In order for OnTrack Agent to provide our services we need you to give us legal permission, or license, to use this content so that we can provide our products and services.

You will retain ownership rights in your content. However, by uploading or providing content to us or our Site, you grant to (i) OnTrack Agent a worldwide, exclusive, royalty-free, sub- licensable, and transferable license to reproduce, display, perform, make available, and otherwise use such content in connection with our business and services, and (ii) each user of the Site a worldwide, non-exclusive, limited license to access and view your content solely through the Site.

By uploading or posting your content on the platform, you initiate an automated process that allows your content to be stored on our servers from which you control and authorize the use of your content.

You agree that all blogs and videos will be original content to OnTrack Agent and not posted anywhere else.

You further agree that we may update and modify our software and systems at any time as we see fit in order to improve the user experience.

You may remove your content from our Site at any time, at which point our license to the content will automatically terminate. You must remove your content if you no longer have the necessary rights to provide us with the license required by these terms.