Welcome - The Wild Tracker

AGREEMENT BETWEEN USER AND KUHNSOFT, LLC (DBA thewildtracker.com, Wild Tracker)

The WildTracker Web Site is comprised of various Web pages operated by WildTracker (KUHNSOFT, LLC).

The WildTracker Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WildTracker Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

WildTracker reserves the right to change the terms, conditions, and notices under which the WildTracker Web Site is offered, including but not limited to the charges associated with the use of the WildTracker Web Site.

Fees

The Wild Tracker App is free to download and use as a patron in your community to provide logging of animal sightings. We thank you for providing this invaluable service that consumers of the data rely on in order to gather an approximate saturation of animals in various locations. For consumers such as organizations and municipalties who purchase a subscription to be able to download and use the data, all sales are final at the time of order placement. Subscriptions are typically annual in nature and will auto-renew each year unless you cancel prior to the next billing cycle which will fall on the exact same day of each year as when your original subscription was created. Wild Tracker sales are final at the time of purchase because you have immediate access to login and download data. We want to keep you happy and will ensure that your satisfaction is guaranteed with our application and the data provided.

If the supplied built-in data consuming functionality does not meet your needs, please contact us for time & materials based quote to make changes specifically for you.

Data/Content

The Wild Tracker has the right to purge data in the system periodically as needed in order to recover disk space. We also have the right to terminate or disable your account at any time if we feel it is no longer being utilized or if you fail to properly use the application in a legitimate fashion with the goal of accurately tracking the location of wild animals. Upon service cancellation, your data will be purged and become inaccessible. The Wild Tracker reserves the right to alter settings and appearance of our system contained within TheWildTracker.com domain and our 'Apps'. Screens, look and feel, and functionality may be changed at our discretion and in order to provide continuous enhancements to our systems and to our functionality. By the way... you need internet connectivity such as through some type of device such as a SmartPhone or Computer (android, iphone, tablet, ipad, PC, laptop) to be able to use our product and check and monitor sighting data as a consumer. For patrons downloading and using the free Wild Tracker App from the App Stores, you also need to have an internet connection to properly log animal sightings. We cannot be held responsible for your internet connectivity issues or for any data charges you incur while using our software. For consumers viewing the sighting data, we also need to store cookies on your computer so we can remember who you are and prefill information for you as well as making login easier on you! Don't worry, they're encrypted when they are passed from you to us over SSL. For app users, you agree to allow us to use storage on your device to store a randomized GUID (guaranteed unique identifier) that allows us to correlate you to a tracker/user in our database. This avoids us needing to store any other sensitive data on your device and pass it during call out to our platform.

Our App for iOS and Android requires that you allow access to your location. This location may be provided by either GPS coordinates on your device or by Network Provider such as AT&T or Verizon as example. This is needed so we can accurately track the coordinates associated with the animal sighting. Along with this, you may be prompted to provided a best guess for # of animals at each sighting as well as optionally provide access to your camera on your device in the event you are able to take and upload a photo of the animal sighting or any additional notes that you think are pertinent about the sighting. By providing the sighting information, ANY AND ALL DATA you provide such as your location data (geocoordinates - latitude, longitude) may be used by us so that consumers can learn and gain information about your sighting. You also agree that we can lease or sell the sighting data off to consumers such as organizations and municipalities. After logging a sighting in the App, you have up to 7 days to delete the sighting on the History page, after which time it is locked in. You may email us at support@thewildtracker.com anytime to have specific data on you, or your sightings, to be purged.

LINKS TO THIRD PARTY SITES

The WildTracker Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of WildTracker and WildTracker is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WildTracker is not responsible for webcasting or any other form of transmission received from any Linked Site. WildTracker is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WildTracker of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the WildTracker Web Site, you warrant to WildTracker that you will not use the WildTracker Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WildTracker Web Site in any manner which could damage, disable, overburden, or impair the WildTracker Web Site or interfere with any other party's use and enjoyment of the WildTracker Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WildTracker Web Sites.

USE OF COMMUNICATION SERVICES

The WildTracker Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information such as images/photos.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

WildTracker has no obligation to monitor the Communication Services. However, WildTracker reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WildTracker reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

WildTracker reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WildTracker's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WildTracker does not control or endorse the content, messages or information found in any Communication Service and, therefore, WildTracker specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WildTracker spokespersons, and their views do not necessarily reflect those of WildTracker.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO WildTracker OR POSTED AT ANY WildTracker WEB SITE

WildTracker does not claim ownership of the materials you provide to WildTracker (including feedback and suggestions) or post, upload, input or submit to any WildTracker Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WildTracker, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission (animal sighting data), as provided herein. WildTracker is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WildTracker's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WildTracker WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WildTracker AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WildTracker WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WildTracker WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WildTracker AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WildTracker WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WildTracker AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WildTracker AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WildTracker WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WildTracker WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WildTracker WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WildTracker WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WildTracker OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WildTracker WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WildTracker WEB SITE.

SERVICE CONTACT : support@thewildtracker.com

TERMINATION/ACCESS RESTRICTION

WildTracker reserves the right, in its sole discretion, to terminate your access to the WildTracker Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the WildTracker Web Site. Use of the WildTracker Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WildTracker as a result of this agreement or use of the WildTracker Web Site. WildTracker's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WildTracker's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WildTracker Web Site or information provided to or gathered by WildTracker with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WildTracker with respect to the WildTracker Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WildTracker with respect to the WildTracker Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

PRIVACY STATEMENT

By using our site, you also agree to our PRIVACY STATEMENT which can be viewed here.

CONTACT INFORMATION

WildTracker welcomes your comments regarding this agreement. If you believe that WildTracker has not adhered to this Statement, please contact WildTracker at support@thewildtracker.com. Or, call us at +1 ‪412-748-1025. We will use commercially reasonable efforts to promptly determine and remedy the problem.