This document is a sister-document to our Privacy Policy. Please make sure you read both carefully before accessing or using the Concern Tracker Service.

Introduction

Most Terms of Service and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective.

Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead as much as possible, to make our terms as clear as possible.

Please don’t forget that we are real people. We are not perfect, but we’re trying our hardest, because we genuinely care about your success.

When you read Concern Tracker or we below, it refers to Concern Tracker as defined in the Who We Are section of our Privacy Policy.

Should you have other questions or concerns about this document, please visit the support form!

Using Our Service Means Accepting These Terms

By accessing or using the Concern Tracker Service in any way, whether by making your own user login, or if you were permitted to view another user's private content, you agree to and are bound by the terms and conditions written in this document, as well as our Privacy Policy.

Who may use the Concern Tracker Service?

Anyone who is at least 13 years of age may use the Concern Tracker Service.

If you do not agree to all of the terms and conditions contained in this document and our Privacy Policy, do not access Concern Tracker Service.

This is a living document

This is a living document.

If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We’re all ears!

We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone.

We improve this document over time. If the changes are significant, we will provide a prominent notice on our home page, login screen, or by sending you an email notification. By continuing to use the Service, you will implicitly accept the changes we make.

Your access and use of the Concern Tracker Service is always subject to the most current version of this document.

Support

Support for the Concern Tracker Service is provided via our Support Forum at forum.concerntracker.com

We take pride in providing excellent customer support, but we are also a small team (very small, I am just one person) and value our work/life balance. This means that although we’ll try our best, we do not guarantee 24/7 support.

System Requirements

To access our Service, you need a modern web browser (one of the latest versions of Edge, Chrome, Firefox, or Safari) with cookies and javascript enabled.

Your devices have to be able to access our servers on port 443.

Access and Security of Your Data

You can find detailed information on what data we save, how we use it, and how you can access it, correct it and delete it in our Privacy Policy.

Intellectual Property Rights

Who Owns Concern Tracker Materials?

Concern Tracker Materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on the Concern Tracker Service produced by Concern Tracker.

Concern Tracker Materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the Concern Tracker Materials may violate such laws and the Terms of Service.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Concern Tracker Service or Concern Tracker Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on the Service are the property of Concern Tracker or other third parties. You are not permitted to use them without the prior written consent of Concern Tracker or such third party that may own the Marks.

Concern Tracker Materials may not be modified or altered in any way.
Concern Tracker Materials on the Concern Tracker Service may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
You may not remove any copyright or other proprietary notices contained in the Concern Tracker Materials.
You may not copy or distribute any graphics in the Concern Tracker Materials apart from their accompanying text.
You will not quote or display Concern Tracker Materials, or any portions thereof, out of context.
Concern Tracker reserves the right to revoke the authorization to view, download and print the Concern Tracker Materials available via the Concern Tracker Service at any time, and any such use shall be discontinued immediately upon notice from Concern Tracker.
The rights granted to you constitute a license and not a transfer of title.
Any Concern Tracker Materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

Who Owns the IP of My Data?

Concern Tracker does not claim intellectual property rights over concerns, questions, nor responses created with the Concern Tracker Service nor the assets you upload.

You acknowledge and agree that Concern Tracker has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the Terms of Service or other limitations that you may impose on the use of your shared content.

Concern Tracker does not pre-screen user materials that users provide or otherwise submit via the Concern Tracker Service; however, Concern Tracker may remove any posted or submitted user materials from the Concern Tracker Service for any reason without notice in its sole discretion. By posting or submitting your user materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Service, including all the rights necessary for you to post or submit your user materials.

In addition, by posting or otherwise submitting your user materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with the Concern Tracker Service and as otherwise permitted by these Terms of Service; (b) in the event you choose to grant licenses and sublicenses to such Images, you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service; and © you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Service, including the distribution, public display, public performance and reproduction of such Images.

You are solely and entirely responsible for all of your user materials that you post or otherwise submit via the Concern Tracker Service. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. Concern Tracker does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using the Concern Tracker Service, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.

Reliability

Do You Guarantee That The Concern Tracker Service Will Be Accessible at All Times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted SLA for availability to the Concern Tracker Service and your data.

That said, high reliability is something we strive for and will do our best to achieve.

We monitor the Concern Tracker Service regularly (as we use it ourselves) and deal with the issues as promptly as possible, ideally before it becomes a problem that might impact customer access.

You acknowledge and agree that Concern Tracker shall not be liable for any failure to store your materials on the Concern Tracker Service at any time.

Play Nice Clauses

Use of the Concern Tracker Service

You agree that you shall not:

Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
Use or attempt to gain access to or use another’s user account, password, data, or computer systems or networks connected to the Concern Tracker Service server, whether through hacking, password mining or any other means.
Access or attempt to access any material that you are not authorized to access.
Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the Concern Tracker Service, Concern Tracker Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Concern Tracker Service or any affiliated or linked sites.
Transmit unsolicited or bulk communications to the Concern Tracker Service account holder or to any concerntracker.com or affiliated e-mail address.
Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
Create a false identity for the purpose of misleading others.
Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
Disrupt, interfere or inhibit any other user from using and enjoying the Concern Tracker Service or other affiliated or linked sites, materials or services.
Access or use the Concern Tracker Service in any manner that could damage, disable, overburden or impair the Concern Tracker Service server or the network(s) connected to the Concern Tracker Service server.
Violate any applicable laws or regulations related to the access to or use of the Concern Tracker Service, or engage in any activity prohibited by the Terms of Service.
Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
Prepare, compile, use, download or otherwise copy the Concern Tracker Service user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
Violate the rights of Concern Tracker or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use any Concern Tracker Service domain name as a pseudonymous return e-mail address.
Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Concern Tracker.

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Concern Tracker offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Concern Tracker Materials, the Concern Tracker Service or another third-party service. You agree that you will not hold Concern Tracker responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of the Concern Tracker Service or Materials in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that Concern Tracker would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Concern Tracker is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Concern Tracker may without restriction block, filter or delete unsolicited e-mail.

Restriction and Termination of Use

We may block, restrict, disable, suspend or terminate your access to all or part of the Concern Tracker Service at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

If you breach any of the terms and conditions in this document, your authorization to access or use the Concern Tracker Service automatically terminates. Any materials downloaded or printed from the Concern Tracker Service in violation of the Terms of Service must be immediately destroyed.

If you think we removed your access by mistake, get in touch and we’ll give you our reasoning.

Notification of Copyright Infringement

Concern Tracker will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Concern Tracker will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) (“DMCA”).

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Concern Tracker Service or on sites linked to from the Concern Tracker Service, please provide written notification of claimed copyright infringement to support@concerntracker.com, which must contain the following elements:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
A description of where the content that you claim is infringing is located on the Concern Tracker Service;
Information sufficient to permit Concern Tracker to contact you, such as your physical address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Links to Third Party Sites

The Concern Tracker Service may include links that will take you to other sites outside of the Concern Tracker Service. The linked sites are provided by Concern Tracker to you as a convenience and the inclusion of the links do not imply any endorsement by Concern Tracker of any linked site. Concern Tracker has no control of the linked sites and you therefore acknowledge and agree that Concern Tracker is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Concern Tracker is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions

Concern Tracker may run advertisements and promotions from third parties via the Concern Tracker Service or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Concern Tracker Service or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Concern Tracker is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Concern Tracker advertisers on the Concern Tracker Service or Materials.

Warranties and Disclaimers

The Concern Tracker Service and Concern Tracker Materials are provided by Concern Tracker under these Terms of Service “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Concern Tracker makes no warranty that:

The Concern Tracker Service and Concern Tracker Materials will meet your requirements;
The Concern Tracker Service and Concern Tracker Materials will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Concern Tracker Service and Concern Tracker Materials will be effective, accurate, or reliable;
the quality of the Concern Tracker Service or Materials purchased or accessible by you will meet your expectations; and
any errors or defects in the Concern Tracker Service and Concern Tracker Materials will be corrected.

The Concern Tracker Service and Concern Tracker Materials may include technical or other mistakes, inaccuracies, or typographical errors. Concern Tracker may make changes to Materials and Service, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Concern Tracker Service and Concern Tracker Materials may be out of date, and Concern Tracker makes no commitment to update the Materials and Service.

You acknowledge and agree that:

Concern Tracker does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
Concern Tracker makes no representations or warranties whatsoever about any such third parties, their materials or services;
any dealings you may have with such third parties are at your own risk; and
Concern Tracker shall not be liable or responsible for any Materials or Services offered by third parties.

Concern Tracker does not control or endorse the materials found in the Service and specifically disclaims any liability with regard to the Service and any actions resulting from your use of the Concern Tracker Service and Concern Tracker Materials and participation in the Service. Concern Tracker users and other third parties are not authorized Concern Tracker spokespersons, and their views do not necessarily reflect those of Concern Tracker. To the maximum extent permitted by law, Concern Tracker will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Concern Tracker also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use the Concern Tracker Service, Concern Tracker Materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Concern Tracker assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any Services or Materials. No advice or information, whether oral or written, obtained by you from Concern Tracker or via the site, Services or Materials shall create any warranty not expressly stated in the Terms of Service. Concern Tracker will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any Services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold Concern Tracker and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Concern Tracker Service, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
your access to or use of the Concern Tracker Service (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Concern Tracker Service);
your connection to the Concern Tracker Service;
your violation of the Terms of Service;
the actions of any users you have granted access to the Concern Tracker Service you have access to;
your infringement of any third party’s intellectual property rights when using any of the software made available on the Concern Tracker Service;
your violation of any rights of any third party;
your access to or use of linked sites and your connections thereto; or
any dealings between you and any third parties advertising or promoting via the Concern Tracker Service.

Limitation of Liability

In no event shall Concern Tracker, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Concern Tracker has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

the access or use of or the inability to access or use the Concern Tracker Service or Concern Tracker Materials;
the statements or actions of any third party on or via the Service or Materials;
any dealings with vendors or other third parties;
any unauthorized access to or alteration of your transmissions, user materials or other data;
any information that is sent or received or not sent or received;
any failure to store or loss of data, files, materials or other content;
any Services available that are delayed or interrupted;
any web site referenced or linked to from the Service; or
your access to or use of or inability to access or use any linked site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

International Users

The Concern Tracker Service can be accessed from countries around the world and may contain references to Concern Tracker products, Services and programs that are not available in your country. These references do not imply that Concern Tracker intends to announce such products, Services or programs in your country. The Services are controlled, operated and administered by Concern Tracker and its affiliates from their offices within the United States of America. Concern Tracker makes no representation that the Concern Tracker Service and Concern Tracker Materials are appropriate or available for use at other locations outside the United States, and access to the Service from territories where the Service or Materials are illegal is prohibited. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws.

The export and re-export of Concern Tracker Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By accessing Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Concern Tracker Software, products and publications are commercial in nature. The Software and documentation available on the Services are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Service and the applicable license agreement.

Governing Law and Jurisdiction

The Concern Tracker Service (excluding linked sites) is controlled by Concern Tracker from its offices within the county of Kalamazoo, Michigan, in the United States of America. By accessing the Concern Tracker Service, you agree that all matters relating to your access to, or use of, the Concern Tracker Service shall be governed by the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the non-exclusive jurisdiction of the state and federal courts located in The United States of America for the resolution of any disputes.

General

The Terms of Service and other rules, guidelines, licenses and disclaimers posted via the Concern Tracker Service or in connection with the Materials and Service constitute the entire agreement between Concern Tracker and you with respect to your access to or use of the Concern Tracker Service and Materials superseding any prior agreements between you and Concern Tracker on such subject matter (including any prior versions of the Terms of Service). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and Concern Tracker regarding the use of specific Services or Materials (including Service-specific Terms of Service and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Concern Tracker Services, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by Concern Tracker to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.

This Terms of Service and Privacy Policy are inspired by Balsamiq. No relationship with or endorsement by Balsamiq is implied.