NearMissTracker Legal Policy

Definitions:

• - The term “WebSite” (or “WebSites”) shall mean any and all of the following websites: nearmisstracker.com, airspacetracker.com,checkflightplan.com
• - The term “API” (or “APIs”) shall mean any and all of the Application Programming Interface made available through any of the WebSite domain.
• - The term “App” (or “Apps”) any and all of the following mobile applications: AirSpaceTracker, CheckFlightPlan.
• - The term “Product” (or “Products”) shall mean all, or a portion of any WebSite, API or App whether in conjunction with each other or standalone.
• - The term “Service” (or “Services”) shall mean the consumption or use of any software, data, information, report, opinion, service or any other material generated on or from WebSite or Product, directly or indirectly using API or other mechanisms.
• - The term “Material” (or “Materials”) shall mean all, or a portion of any Product or Service whether in conjunction with each other or standalone.

The use of any Material by any user ("you" or "your" or “user” or “visitor”) shall be governed by and subject to the following terms and conditions (“Terms of Use” or “Terms”) which shall be legally binding. By using or continuing the use of the Materials, you acknowledge your understanding of, and agreement to, the Terms of Use. The Terms of Use also incorporate our Privacy Policy as published herein and on our WebSites.

General

The WebSites, Products, Services and Materials are developed and maintained by NearMissTracker, LLC (“NearMissTracker” or “we” or ”us” or “our”) and its subsidiaries, and may be used for informational purposes only. By using or downloading the Materials, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions please do not use the Materials.

The WebSite, Product and Service including all Materials (excluding any applicable third-party materials), is the property of NearMissTracker and is copyrighted and protected by worldwide copyright laws and treaty provisions. No portion of any Materials contained herein may be copied without the express permission of NearMissTracker for any purpose whatsoever. You agree to comply with all copyright laws worldwide in your use of the Maertials and to prevent any unauthorized copying of the Materials. NearMissTracker does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

NearMissTracker has business relationships with its customers, suppliers and other entities. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

Trademark Notices

NearMissTracker is the marketing name for the service activities of NearMissTracker, LLC and its subsidiaries and affiliates in the United States and abroad. "NearMissTracker" & the NearMissTracker logo are trademarks of NearMissTracker, LLC. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

NearMissTracker, Near Miss Tracker and NearMissTracker.com are the marketing names for the service activities of and information presented by the Near Miss Tracker tool owned by NearMissTracker, LLC. and its subsidiaries and affiliates in the United States and abroad. "NearMissTracker.com", “NearMissTracker” & the NearMissTracker logo are trademarks of NearMissTracker, LLC. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

CheckFlightPlan and Check Flight Plan are the marketing names for the service activities of the CheckFlightPlan solution owned by NearMissTracker, LLC and its subsidiaries and affiliates in the United States and abroad. "CheckFlightPlan" & the CheckFlightPlan logo are trademarks of NearMissTracker, LLC. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

AirSpaceTracker and Air Space Tracker are the marketing names for the service activities of the AirSpaceTracker solution owned by NearMissTracker, LLC and its subsidiaries and affiliates in the United States and abroad. "AirSpaceTracker" & the AirSpaceTracker logo are trademarks of NearMissTracker, LLC. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

Other featured words, logos, representations or symbols, used in the Materials to identify the source of goods and services, may be the trademarks of their respective owners.

Privacy

The section below will outline the privacy details regarding your use of the WebSite and Materials and how we process and handle the data we collect.

• Information Collected by Server:For each user of Materials, our server may or may not recognize any information regarding your domain or e-mail address. Sessions of visitors to the WebSite are monitored, but the user remains anonymous. We do not collect any Personally Indefinable Information (PII) unless you choose to submit your information to us through our provided forms, interactive chat features, registrations, purchases or another means.
• Information Collected Through the WebSite:Our WebSite uses cookies. And these cookies can allow us to collect the operating system you use, your IP address, and your bowser type. We do this to provide a more personal experience to our visitors.
• E-mail Addresses:We collect the e-mail addresses of those who communicate with us via e-mail. Information is volunteered by the user, such as survey information, registrations on the Website or Product or Service, comments and/or questions from them. Such information is collected via direct submission from the individual user. We may send emails to in response to questions, enquiries, or comments made on our WebSite or through the Materials used. We may also use your email to send follow up emails pursuant to our business objectives.
• Use of Collected Information:The very limited information collected is not shared with other organizations for commercial purposes and is used solely for the benefit of our users in the following manner:
• • for internal review;
  • to improve the Materials
  • for future re-marketing through various channels
  • to notify users about any updates to the Web Site or Materials
• Traffic Monitoring:NearMissTracker collects aggregate information on what pages visitors access, and from where visitors originate whether from search engines, referral links, or direct entries. We use your IP address to help diagnose problems with our server and/or to administer our Materials. This gives us an idea of which portions of our Materials users are using.

Intellectual Property Rights and Limited License

NearMissTracker is the sole and exclusive owner of all the Materials. Such ownership includes intellectual property rights including but not limited to programs, architecture, software, code, documentation, patents, designs, copyrights, trademarks, trade secrets and proprietary know-how which shall continue to be vested by NearMissTracker. NearMissTracker or its licensors own all intellectual property rights on data or information contained within the Materials including but not limited to data feeds, tracking information, location information, device information amongst others. Nothing in these Terms of Use shall be interpreted as a transfer of such rights to you. Usage of the Materials does not grant you any rights to transfer, sublicense, resell, or assign the Materials, its content, intellectual property rights, or any related rights to any third party. Usage of the Materials is not intended to, and neither shall be deemed to, establish any partnership or joint venture between you, NearMissTracker and/or any third party.

You shall not engage in any activities that infringe upon the intellectual property rights of NearMissTracker or its licensors, including but not limited to reverse engineering, decompilation, disassembling, or perform any unauthorised copying, modification, or scraping of the Materials. You shall not remove or alter any proprietary rights notices on the Materials or the media by which the Materials are made available, regarding patents, copyright, trademarks, or other intellectual property rights.

From time to time, you may make requests, provide feedback, ideas, suggestions or ideas regarding the Materials ("User Feedback"). By doing so, you grant NearMissTracker a worldwide, perpetual, irrevocable, royalty-free license to use, modify, reproduce and adopt such User Feedback for any purpose without obligation or compensation to you.

Subject to your compliance to the terms and conditions set forth in these Terms of Use, NearMissTracker grants you a non-exclusive, non-transferable, limited right to access, use and display the Materials (“Limited License to Use”). If you do not agree to the Terms of Use, you do not have the right to use the Materials. This Limited License to Use shall automatically terminate if you violate any provision of the Terms of Use. Upon termination, for any reason, you must destroy any downloaded information accessed via and including the Materials.

Nothing in these Terms of Use shall be interpreted as a transfer of title of or to the Materials. With the exception of the API, you may only access the Materials via a human-operated web browser or mobile phone (including tablet or desktop or similar devices), and not with any program, collection agent, bot, Artificial Intelligence (AI) agent, for any purpose, including the purpose of automated retrieval, display of content or scraping of data or information or for Artificial Intelligence.

If using the API, you may access and store retrieved data for a limited time for the intended purpose. You agree not to interrupt or attempt to interrupt the operation of the Materials in any way.

Unless otherwise stated in these Terms of Use, specifically, this right is granted only for personal, non-commercial use. If you intend to use the Materials for commercial purposes, please contact us directly using the Contact Us form on the WebSite.

User Account

You may choose to create an account for the Materials. This may give you access to additional features and functionality that may not be otherwise available. You must be 18 years of age to register an account. You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy, im-personification or omission in such information or in the Material resulting from any information provided by you. By becoming a registered user of our Materials, you give your consent to our processing of your personal data in accordance with our Privacy Policy including data processing terms stated within the Privacy Policy. Our Privacy Policy as published herein and on our WebSites.

NearMissTracker does not allow shared usage of user accounts. It is strictly prohibited to resell, sublicense, lease or otherwise commercially redistribute account subscriptions, access credentials or API tokens. You are not allowed to share your account credentials with anyone else and shall be personally and solely responsible for all activities that occur using your account. You assume full responsibility for your use or usage of the Materials from your account. You are responsible for maintaining the confidentiality of your password and should ensure that you logout at the end of each session.

Should you suspect that your account or password has been compromised, you agree to notify NearMissTracker immediately. You may not disguise the origin of your connection to the Materials, or provide false, stolen or inaccurate information to NearMissTracker. You shall not misrepresent yourself, your identity, or your affiliations in connection with the use of the Materials (for example for publicity, claiming partnership or for any other purposes).

If you no longer wish to have an account and would like to deactivate your account, please reach out to us via our Contact Us page.

Fees and Payment Terms

To gain access to additional features or Material, you may make so-called in-app purchases. These may be through the App or WebSite or by directly contacting us. In such case, you may be subject to additional terms, in additional to these Terms of Use. Such purchases may be one-time or pay-per-use or subscription based. In each such case, you will be made aware of the fees associated with the purchase prior to your purchase.

You agree:

• - To adhere to the terms of such purchase.
• - To pay for such fees using credit card or other payment mechanisms that are yours or those that you are legally authorized to use. You shall not make any purchase using any stolen or illegally obtained credit card or other payment mechanism.
• - To pay for any additional applicable surcharge or tax (e.g. VAT, sales tax etc.) imposed by a government or authority.
• - To pay for any fees that may be charged by your payment provider (e.g. international fees, transaction fees, fees related to exchange rates etc.).

In addition to above, in case of subscription based purchases, you agree:

• - To make payments prior to the due date. Failure to making timely payments may result in the suspension or termination of your subscription.
• - That all subscriptions are automatically extended by an additional subscription period until your or NearMissTracker terminates the subscription.
• - To consent to the commencement and fulfilment of the subscription by NearMissTracker and acknowledge that there is no right of withdrawal for the subscription.
• - That you may at any time terminate your subscription before the start of the additional subscription period, via your relevant account page or by contacting us.
• - That no subscription fees paid in advance for the relevant period will be repaid, but you will have the right to continue to use the Materials until the end of that period.
• - Your subscription can be terminated by NearMissTracker at any time if any use in violation of these Terms of Use is detected or suspected.

NearMissTracker may, in its sole discretion, change the fees or prices for any or portion or the Materials from time to time. Except in the case of subscription based purchases, such new fees will be posted against that purchase. In case of subscription based purchases, we will notify you at least thirty (30) days before any such change taking in place. Any price change communicated will be applicable for the following subscription period. As permitted by law, you accept the new price by continuing to make the purchases or using the subscription (in the case of subscription based purchase) after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by making no further purchase and in the case of subscription based purchase by notifying us your intention to terminate the subscription.

API terms

The terms and conditions in this section apply only to APIs. Such terms and conditions are in addition to the terms stipulated in other sections of the Terms of Use.

Access to the API is made available through a subscription purchase. Each such subscription is for a validity period as indicated during the purchase. The purchase will result in the user obtaining API Credits. Each “API Credit” is a call to an end point of the API. That is, an API Credit is used (and hence depleted from user account) each time the user causes a call to the end point call of the API. API Credits are valid only through the subscription validity period. Unused API Credits will expire at the end of their validity period and will not be refunded or carried over.

Users have the option to set automatic top-ups of their API Credit accounts, to their chosen amount and up to the overall limit set by NearMissTracker. NearMissTracker reserves the right to change this overall credit top-up limit from time to time. Users are solely responsible for ensuring that this functionality is enabled or disabled as required for their use. NearMissTracker will not be held accountable for any automatic top-ups that occur where such functionality has been set by the user and will not refund such amounts.

The use of API Credits is dependent on the user having an active API subscription. Should an API subscription payment not be made by the due date, the subscription will be considered inactive, and the user will not be able to use any API Credits until the subscription is reactivated. Should an API user account be terminated, any remaining API Credits will become unusable and will not be refunded.

User may use and create derivate work from data sourced via the API subject to the Terms of Use and the following conditions:

• • Critical or safety related decision making usage – Users are explicitly prohibited from using the data accessed via the API for any critical or safety related decisions. This includes, but is not limited to:
  • o Systems that support or make critical or navigation-based decisions related to air traffic control, planning or airspace operations;
  • o Any use in software or systems that directly impact the safety, operation, or management of any object in flight.
• • Unauthorized data storage - Users are prohibited from storing the data accessed via the API beyond the storage restrictions specified in the API documentation. This includes, but is not limited to:
  • o Creating persistent local copies of the data;
  • o Storing data on external servers or cloud services not affiliated with the storage rules.
• • Data resale and manipulation – Users are prohibited from reselling, transferring, redistributing, lending, leasing, sublicensing or manipulating data accessed via the API. This includes, but is not limited to:
  • o Selling or transferring enriched datasets which contain raw data;
  • o Using the API to supplement or backfill any other near-time or real-time flight data sourced from an alternative data provider for any commercial or non-commercial use;
  • o Manipulating, modifying, or obfuscating any API data in an attempt to materially change the raw, original content and integrity of the data, or mask the origins of the data sourced from the API.
• • Competitive harm and misrepresentation - Users are prohibited from using the data accessed via the API to competitively harm NearMissTracker, which includes but is not limited to:
  • o Identifying market trends to leverage against NearMissTracker;
  • o Developing competing services or products based on the information or insights gathered from the data;
  • o Removing any NearMissTracker or third-party names, trademarks, copyright notices or other proprietary rights notices.

Notwithstanding the foregoing, you are entitled to enrich and create derivative data set from the data for commercial purposes, subject to such enrichment and creation be done by adding significant value to the data and/or the data itself not being the main selling point.

Issues, Feedback and Support

We welcome your feedback and strive to improve the Materials.

Should you need support, please reach out to us using our Contact Us form or through other mechanisms provided within the Materials. While our support team is globally distributed, we may not be able to address your issues right away or on a timely basis or be able to provide any support at all. For example, we may choose not to respond to issues that we feel may be user related or caused by user’s third-party platforms. We may publish release notes, videos or other documentation related to the Materials and encourage you to read them for proper and best usage of the Materials.

Usage and User Material

You agree that you will not use Materials or the information contained therein to violate any law, rule, agreement or to harm others or to interfere with the functioning of the Materials or for any unauthorized purpose. You further agree that you will not interfere or cause disruption with the operation of the Materials including, but not limited to, by distribution of unsolicited advertising or mail messages or ingestion or propagation of worms, viruses, and the like.

You shall not threaten NearMissTracker or make, post, publish or communicate to any person or entity or in any public forum any comments or statements (written or oral) that intentionally seek to denigrate or disparage, or are detrimental to, the reputation or stature of NearMissTracker or its businesses, or any of its employees, directors and officers and existing and prospective customers, suppliers, investors and other associated third parties. You shall not perform any activity or use the Materials for anything that may damage the reputation of NearMissTracker.

If you use the Materials in commercial products or published material (including Blogs, Social Media, Media) or for other purposes, you shall clearly reference and credit NearMissTracker for such Materials and the information contained therein. You also agree not to permit any other user of the Materials to access, view, download, or reproduce any available information or material for any use not permitted by NearMissTracker.

NearMissTracker may, in its sole and absolute discretion, monitor usage and enforce compliance with its specified usage limits and limitations. Unauthorised attempts to bypass or circumvent these limits or limitations are strictly prohibited and failure to adhere may result in revoked or blocked access to the Materials. All unpaid Material is made available to you as a privilege and not a right. NearMissTracker may revoke such privilege at any time in its sole discretion.

When allowed, you may enter or post material (“User Material”) on our WebSite or App. Such material may include photos, comments, discussions regarding the information or Material. You may link the information or Material to your social media handles and platforms. You agree that such User Material shall not violate any laws, intellectual property rights, privacy rights, moral or ethical rights or agreements that you may have. You further agree that all such User Material shall comply to the Terms or Use. The User Material shall not market any product or service; be offensive, harassing, obscene, pornographic, discriminatory, libel or illegal. You shall be solely responsible and liable for any damages caused by User Material. NearMissTracker shall not be responsible or liable for any damages caused by User Material or your activity using the Materials. You agree to indemnify NearMissTracker, its officers and employees from any and all damages caused by User Material and shall defend from any claims (including attorney fees) related to User Material.

You agree that NearMissTracker may review the content of User Material and agree that we may remove or block any User Material in our sole discretion. You understand and agree that material (including statements and opinions) posted by other users are those of such other users and not those of NearMissTracker. You grant us the right to use, edit, copy, display, publish and distribute any User Material.

Limitations

There are many known and unknown limitations to the Materials including any information, opinion, inferences, conclusion or data that we provide. These limitations may cause errors and incorrect conclusions.

We directly and indirectly collect underlying data from numerous devices and sensors located worldwide. We may rely on third-parties including aggregators and transmitters to provide us with underlying data. These may include ADS-B devices, MLATs, transponders, drone detection platforms, RF, Radar amongst other technologies. We then aggregate this underlying data into complex models and apply algorithms to generate information. While we take all precautions, our algorithms may have flaws or may not accurately generate the intended output. Conversely, data provided by such sensors or third-parties might be limited, flawed or delayed. Some of these conditions may include malfunctioning sensors, non-calibrated sensors, mathematical and geological assumptions, human errors, GPS errors, geo-spatial limitations and due to factors that are beyond the control of NearMissTracker.

BY ACCESSING OR USING THE MATERIALS, YOU CONFIRM YOUR UNDERSTANDING OF SUCH LIMITATIONS. AS SUCH YOU UNDERSTAND AND AGREE THAT THE MATERIAL AND DATA CONTAINED THEREIN, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT RELATED BY ANY MEANS TO THE SAFETY OF NAVIGATION. CONSEQUENTLY, WE CANNOT PROVIDE ANY TYPE OF GUARANTEE AND ARE NEITHER RESPONSIBLE FOR THE CORRECTNESS, VALIDITY, THOROUGHNESS AND ACCURACY OF THAT INFORMATION PUBLISHED, NOR FOR THE SUITABILITY OF THEIR USAGE FOR PURPOSES OTHER THAN FOR INFORMATION ONLY. YOU SHOULD NOT RELY ON OR DRAW OPINIONS OR CONCLUSIONS FROM SUCH INFORMATION OR DATA PROVIDED IN THE MATERIALS.

Third Party Services

The Materials, directly or indirectly, modified or unmodified, makes available and uses information of third parties, including articles, analyst reports, data feeds, news reports, applications, websites, services, information, tools (the "Third Party Content"). You acknowledge and agree that the Third-Party Content is not created or endorsed by NearMissTracker nor are any products or services offered through it. The provision of Third-Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third-Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third-Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the Materials or the providers of the Third-Party Content as to its accuracy, completeness, timeliness. You agree not to hold NearMissTracker, any business offering through the Materials or any provider of Third-Party Content, liable for any decision or other transaction (financial or otherwise) you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third-Party Content for any reason.

By using any Third-Party Content, you may leave the Material and be directed to an external website, or to a website maintained by an entity other than NearMissTracker. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. NearMissTracker makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that NearMissTracker or the Material sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of NearMissTracker or any of its affiliates or subsidiaries.

The Materials may have links to other websites, including social media platforms and third-party sites, whose data collection and information gathering practices are different from ours. NearMissTracker does not control those privacy practices or sites, and you should read the privacy notices associated with any outside website carefully. NearMissTracker does not make any representations, nor do we endorse, third-party websites.

Additionally, these other third-party websites, including social media platforms, and any other entity on the internet, may engage in data collection and information gathering practices that differ from ours. NearMissTracker does not control those websites and makes no assurances on their data collection practices and PII handling. All visitors to third-party websites, originating from or navigating to, the Materials or WebSite, release NearMissTracker of any and all liability for information exchanged either willfully or otherwise and the visitor assumes the inherent risks.

No Warranties

NearMissTracker offers no guarantee as to the suitability or availability of the Materials at all times or at intended times. Nor do we guarantee that the Materials (including Services) shall be available without Interruption of errors.

ALL MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, VIOLATION OF RIGHTS OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, COMPLETENESS, SECURITY, OR RELIABILITY OF THE USE OF THE INFORMATION ACCESSIBLE THROUGH THE MATERIALS OR OTHERWISE RELATING TO SUCH INFORMATION OR ON ANY SITES LINKED TO THE MATERIALS. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. THERE IS ALSO NO WARRANTY THAT THE MATERIAL WILL BE FREE OF ANY DEFECT OR COMPUTER VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN THOSE CASES.

Limitation of Liability and Indemnity

Unless caused by the gross negligence or willful misconduct of NearMissTracker, we shall in no event be liable for any losses or damages, whether direct or indirect (including, damages for loss of data or profit or business interruption) arising out of the Materials or the use, failure to use, or inability to access or use the information contained within the Materials, even if NearMissTracker has been notified of the possibility of such damage. You agree to indemnify and hold NearMissTracker and its affiliates, consultants, advisors, officers, directors, and employees harmless from any and all claims, losses, liabilities, expenses, or damages, including legal fees, arising out of your use of the Materials in violation of the Terms of Use, or any breach of applicable laws or regulations. Except as expressly set out in these Terms of Use, all warranties, representations, terms, conditions, or undertakings whether implied by statute, custom, trade usage, course of dealing, or otherwise (including any implied warranty, representation, term, condition, or undertaking of satisfactory quality or fitness for a particular purpose) are, to the fullest extent permitted by law, hereby excluded.

IN NO EVENT SHALL NEARMISSTRACKER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE MATERIALS OR ANY LINKED WEB SITE, EVEN IF SUCH ENTITY OR NEARMISSTRACKER ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, UNDER NO CIRCUMSTANCES, SHALL NEARMISSTRACKER’S ENTIRE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MATERIALS SHALL EXCEED THE AMOUNT OF FEES YOU PAID IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO THE CLAIM FOR DAMAGES.

Disclaimer

The Materials may contain inaccuracies, including technical, photographic, typographical and clerical errors. NearMissTracker expressly disclaims any obligation to update or correct any of the Materials. NearMissTracker does not warrant the accuracy or completeness or currency of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Materials. You acknowledge that any reliance on any such opinion, advice, data, statement, memorandum, or information shall be at your sole risk. NearMissTracker reserves the right that it may or may not, in its sole discretion, correct any errors or omissions in any portion of the Materials at any time. NearMissTracker may make any other changes to the Materials and the products, programs, services or prices (if any) described in the Materials at any time without notice.

NearMissTracker has taken reasonable precautions to ensure that your access to the Materials is secure and free from any viruses, trojans or similar destructive software. However, NearMissTracker does not, in any manner and for any purpose, warrant that your access to the Materials will be secure and free from any viruses, trojans or similar destructive software and you are hereby cautioned that NearMissTracker will not, UNDER ANY CIRCUMSTANCES, accept any liability for any damage sustained as a result of your accessing (or use of) the Materials. You are expressly advised to carry out your own security precautions and checks prior to and whilst accessing (or using) the Materials.

Changes

NearMissTracker reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use or the Materials in whole or in part, at any time. Changes in these Terms of Use will be effective when such change is posted. Your continued use of the Materials after any changes to these Terms of Use are posted will be considered acceptance of those changes. NearMissTracker may terminate, change, suspend or discontinue any aspect of the Materials, including the availability of any features therein, at any time. NearMissTracker may also impose limits on certain features and services or restrict your access to parts or all of the Materials without notice or liability. NearMissTracker may terminate your authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law

The Materials are controlled, operated and administered by NearMissTracker within US. NearMissTracker makes no representation that the Materials are appropriate or available for use at other locations outside of US and access to them from territories where their contents are illegal is prohibited. You may not use or export the Materials in violation of any applicable export laws and regulations. If you access or use the Materials from a location outside of US, you are responsible for compliance with all local laws.

These Terms of Use shall be governed by the laws of US, without giving effect to its conflict of laws provisions. You agree that the appropriate court in Broward County, Florida, US, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such forum.

These Terms of Use constitutes the entire agreement between NearMissTracker and you with respect to your access or use of the Materials. Any cause of action you may have with respect to your use of the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Security

NearMissTracker has reasonable and appropriate security measures at place in its physical facilities to protect against loss, misuse, or alteration of the information we collect from you at our site. We use appropriate technical, administrative, and physical procedures to ensure all data is stored and safeguarded. NearMissTracker does not make any recommendations or guarantees of security from any affiliated companies, third parties, vendors, suppliers or associated entities that also have access to your PII or other information. If you have any questions about your data and PII security procedures, you may contact us at e-mail address: [email protected]

We cannot guarantee the security of any transfer or transmission of information made via the Materials. We do not assume any liability for the information contained within the Materials. Your ability to access and use the Materials requires and is dependent on products and services you use. Such products and services you rely on may be provided to you by third parties, such as your operating system suppliers, internet service providers, mobile carriers and others. You are solely responsible for paying any fees charged for your access to and use of any third-party products and services. NearMissTracker does not accept or assume any responsibility or liability for any unavailability of or interruptions or other failures in the Materials caused by any third-party products or services nor does NearMissTracker accept or assume any responsibility or liability for any unavailability of or interruptions or other failures in any third-party products and services caused by the Materials or for your breach of the terms of your agreement with any third party as a result of your use of the Materials.

Anti-Bribery and Corruption

NearMissTracker maintains a strict policy of conducing all aspects of business in an honest and ethical manner, and adhere to various anti-corruption laws across the various jurisdictions in which it operates. All NearMissTracker team members are required to comply with all aspects of NearMissTracker’s Anti-Corruption and Bribery Policy, as well as any periodic updates. If any team member is found to be in breach of this policy, then it will be regarded as Gross Misconduct and may result in swift disciplinary action, including dismissal and potentially prosecution under applicable local laws.

Equality Statement

NearMissTracker is an equal opportunity employer and follows a policy of hiring, employing, and promoting employees without regard to race, color, religion, sex, sexual orientation, national origin, ancestry, age, marital status, pregnancy, physical or mental handicap or veteran status.