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Welcome to wheretoracerc
The following Terms of Use Policy has been
carefully considered for both your protection and the protection of
your fellow wheretoracerc Community Members. By using the wheretoracerc
Service as defined in this Terms of Use Policy, you agree that you
are an Authorized User of the Service. By wheretoracerc's definition, an
Authorized User [User] is any non-paying or paying customer or any
occupant of a paying customer's household who has been assigned a
unique username and password.
The wheretoracerc Terms of Use Policy has
been formulated with the following goals in mind:
- Preserve the privacy and security of individual users
- Preserve the value of Internet resources as a conduit for free
expression
- Encourage the responsible use of net resources, discouraging
practices which degrade the usability of network resources and,
thus, the value of Internet services industry groups such as
manufacturers, distributors and associations
- Ensure security, reliability and privacy of wheretoracerc's systems
and network, and the networks and systems of others
- Avoid situations that may cause wheretoracerc to incur civil
liability
- Maintain the integrity of wheretoracerc as a responsible provider
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All wheretoracerc Users are responsible for
reviewing and complying with this Terms of Use Policy. Your use of
wheretoracerc is subject to the following Terms of Use Policy, which may
be updated by us from time to time without notice to you. You can
review the most current version of the Terms of Use Policy at any
time below.
In addition, when using particular wheretoracerc services, you shall be
subject to any guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the Terms of Use
Policy. | |
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wheretoracerc currently provides Users with
Internet content, propriety PDA-resident applications, and optional
dial up connectivity and/or mobile Internet access (the "Service").
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service shall be subject to the Terms of Use.
You understand and agree that the Service is provided "AS-IS" and
that wheretoracerc assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personalization settings or loss of profit for the User or the
User's employer. In order to use the Service, you must obtain access
to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including a computer
and modem or other access device.
This site and the products and services
referenced herein [the "Content"] are provided "as is" without any
warranty of any kind, either expressed or implied. The owner of this
site is not liable for any damages, including any consequential
damages, of any kind that may result to the user from the use of the
site, or any of the products, service or calculators referenced
herein. In particular, the calculators referenced herein should not
be used for making important, critical or life-dependent decisions
without consulting an expert. | |
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Member Registration
Obligations |
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In consideration of Registered Members'
use of the Service, Members agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete.
If a Member provides any information that is untrue, inaccurate, not
current or incomplete, or wheretoracerc has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, wheretoracerc has the right to suspend or terminate the
Member's account and refuse any and all current or future use of the
Service (or any portion thereof).
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wheretoracerc Privacy
Policy |
Registration Data and certain other
information about Users are subject to our Privacy Policy. For more
information, please see our full privacy policy. | |
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Member Account, Password and
Security |
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Members choose a password and account
username during the Service's registration process. Account
passwords and usernames are assigned by wheretoracerc and are subject to
all confidentiality policies. Members are responsible for
maintaining the confidentiality of the password and account
username, and are fully responsible for all activities that occur in
association with his or her password or account username. Member
agrees to (a) immediately notify wheretoracerc of any unauthorized use of
his or her password or account or any other breach of security, and
(b) ensure that user exits from Member account at the end of each
session. wheretoracerc cannot and will not be liable for any loss or
damage arising from Member's failure to comply with this policy. We
reserve the right to remove or rename any member or account
usernames that contain offensive or potentially offensive meaning.
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- All information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("User
Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such User Content
originated. This means that Users, and not wheretoracerc, are entirely
responsible for all User Content that they upload, post, email or
otherwise transmit via the Service. wheretoracerc does not control the
User Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such User Content.
You understand that by using the Service, you may be exposed to
User Content that is offensive, indecent or objectionable. Under
no circumstances will wheretoracerc be liable in any way for any User
Content, including, but not limited to, any errors or omissions in
any User Content, or for any loss or damage of any kind incurred
as a result of the use of any User Content posted, emailed or
otherwise transmitted via the Service.
- You are prohibited from transmitting on or through the
wheretoracerc Service, any material that is, in wheretoracerc's sole
discretion, unlawful, obscene, threatening, abusive, libelous, or
hateful, or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any
local, state, national or international law.
- wheretoracerc services may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or
material in violation of any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force
of law. This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or any other statute.
wheretoracerc reserves the right to remove such illegal material from
its servers.
- You are responsible for keeping your billing data with
wheretoracerc up-to-date and accurate. Furnishing false data on any
signup form, contract, or online application, including fraudulent
use of credit card numbers, is grounds for immediate termination,
and may subject the offender to civil or criminal liability.
- The resale of wheretoracerc products and services is not permitted,
unless specifically permitted and documented in a written
agreement.
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System and Network
Security |
- You may not attempt to circumvent user authentication or
security of any host, network, or account ("cracking"). This
includes, but is not limited to, accessing data not intended for
you, unauthorized use (or attempted unauthorized use) of any
machines or networks, logging into a server or account that you
are not expressly authorized to access, denial of service attacks,
falsifying header information or user identification information,
monitoring or scanning the networks of others without permission,
or probing the security of other networks (such as running a SATAN
scan or similar tool.
- You may not attempt to interfere with service to any user,
host, or network ("denial of service attacks"). This includes, but
is not limited to, "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host.
- You may not use any kind of program/script/command, or send
messages of any kind, designed to interfere with a user's terminal
session, via any means, locally or by the Internet.
- You may not use wheretoracerc's network, machines or services in
any manner that violates any applicable law, regulation, treaty or
tariff.
- Any User who violates systems or network security may incur
criminal or civil liability. wheretoracerc will cooperate fully with
investigations of violations of systems or network security at
other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
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- Password security is the responsibility of the individual
Member. Good passwords should be a minimum of six characters long,
contain at least one number or symbol, and are not based on any
dictionary word or common name.
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Prohibited activity includes but is not
limited to sending bulk email for any purpose, maintaining an open
mail relay, collecting email addresses from the Internet for the
purpose of sending unsolicited bulk email or to provide collected
addresses to others for that purpose, and transmitting or receiving
copyright-infringing or obscene material.
- Harassment, whether through language, frequency, or size of
messages, is prohibited. Continuing to send someone email after
being asked to stop is considered harassment and is prohibited.
- You may not send email to any person who does not wish to
receive it. If a recipient asks to stop receiving email, the User
must not send that person any further email.
- You are explicitly prohibited from sending bulk email messages
("junk mail" or "spam") or advertising websites associated with
the sending of unsolicited bulk email messages. This includes, but
is not limited to, bulk-mailing of commercial advertising,
informational announcements, chain letters, pyramid schemes,
hoaxes and political or religious tracts. Sending unsolicited bulk
email from another provider advertising or implicating, directly
or indirectly, the use of any service hosted or provided by
wheretoracerc, including without limitation email, Web, FTP, and DNS
services, is prohibited and is grounds for termination of those
Services to Members who engage in the practice.
- You may not forward or otherwise propagate chain letters,
whether or not the recipient wishes to receive such mailings.
- Malicious email, including but not limited to "mailbombing"
(flooding a user or site with very large or numerous pieces of
email), is prohibited.
- Forging of header information is not permitted, nor utilizing
a service that does so.
- Member accounts or services may not be used to collect replies
to messages sent from another Internet Service Provider, where
those messages violate this Acceptable Use Policy or the
Acceptable Use Policy of that other provider.
- These rules apply to other types of Internet-based
distribution media as well, such as RLG's Ariel system (a system
for sending FAX-like documents over the Internet). USENET postings
have their own regulations; see below.
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You acknowledge that wheretoracerc does not
pre-screen Content, but that wheretoracerc and its designees shall have
the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service.
Without limiting the foregoing, wheretoracerc and its designees shall
have the right to remove any Content that violates the Terms of Use
or is otherwise objectionable. You must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created
by wheretoracerc or submitted to wheretoracerc, including, without limitation,
information in wheretoracerc Message Boards and in all other parts of the
Service. You acknowledge and agree that wheretoracerc may preserve
Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms of Use; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or
personal safety of wheretoracerc, its users and the public. Technical
processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices.
With respect to Content, you elect to post
for inclusion in publicly accessible areas of wheretoracerc or that
consists of photos or other graphics you elect to post to any other
publicly accessible area of the Service, you grant wheretoracerc the
world-wide, royalty free and non-exclusive license to reproduce,
modify, adapt and publish such Content. With respect to all other
Content posted to other publicly accessible areas of the Service,
you grant wheretoracerc the royalty-free, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed.
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Special Admonitions for International Use
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Recognizing the global nature of the
Internet, Users will comply with all local rules regarding online
conduct and acceptable Content. Specifically, Users agree to comply
with all applicable laws regarding the transmission of technical
data exported from the United States or the country of
residence. | |
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You agree to indemnify and hold wheretoracerc,
and its subsidiaries, affiliates, officers, agents, co-branders or
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 Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the
Service, your violation of the Terms of Use, or your violation of
any rights of another. | |
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You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the
Service. | |
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wheretoracerc reserves the right at any time
and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without
notice. wheretoracerc shall not be liable to Users or to any third party
for any modification, suspension or discontinuance of the
Service. | |
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wheretoracerc, in its sole discretion, may
terminate passwords, accounts (or any part thereof) or use of the
Service, and remove and discard any Content within the Service, for
any reason, including, without limitation, for lack of use or if
wheretoracerc believes that the User has violated or acted inconsistently
with the letter or spirit of the Terms of Use Policy. wheretoracerc may
also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. Any
termination of access to the Service under any provision of this
Terms of Use Policy may be effected without prior notice, and
wheretoracerc may immediately deactivate or delete the account in
question and all related information and files in this account
and/or bar any further access to such files or the Service. wheretoracerc
shall not be liable to Users or any third-party for any termination
of access to the Service. | |
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Dealings with
Advertisers |
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Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser. wheretoracerc shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers
on the Service. | |
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The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources.
Because wheretoracerc has no control over such sites and resources,
wheretoracerc is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on
or available from such sites or resources. wheretoracerc shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of
or reliance on any such Content, goods or services available on or
through any such site or resource. | |
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wheretoracerc's Proprietary
Rights |
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You acknowledge and agree that the Service
and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws.
Content contained in sponsor advertisements or information presented
through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by wheretoracerc or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or
in part. wheretoracerc grants a personal, non-transferable and
non-exclusive right and license to use the object code of its
Software on a single computer or computing device; provided that you
do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by wheretoracerc
for use in accessing the Service. | |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHERETORACERC EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. WHERETORACERC
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHERETORACERC
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT
WHERETORACERC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WHERETORACERC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
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Exclusions and Limitations |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT
WHERETORACERC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WHERETORACERC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
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Notices to Users may be made via either
email or regular mail. The Service may also provide notices of
changes to the Terms of Use or other matters by displaying notices
or links to notices to Users generally on the Service.
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wheretoracerc, the wheretoracerc logo, trademarks
and service marks, and other wheretoracerc logos and product and service
names are trademarks of wheretoracerc. (the "wheretoracerc Marks"). wheretoracerc's
Marks will not be displayed or used in any manner without wheretoracerc's
prior permission. | |
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wheretoracerc respects the intellectual
property of others, and we ask our Users to do the same. Users who
believe that work has been copied in a way that constitutes
copyright infringement should provide wheretoracerc the following
information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work in question; a description of
where the material is located on the site; User address, telephone
number, and email address; a statement by the User expressing good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by the User,
made under penalty of perjury, that the above information in the
User's Notice is accurate and that the User is the copyright owner
or is authorized to act on the copyright owner's behalf.
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The Terms of Use Policy constitutes the
entire agreement between you and wheretoracerc and governs your use of
the Service, superceding any prior agreements between you and
wheretoracerc. You also may be subject to additional terms and conditions
that may apply to use affiliate services, third-party content or
third-party software. The Terms of Use Policy and the relationship
between any User and wheretoracerc shall be governed by the laws of the
State of Washington without regard to its conflict of law provisions.
You and wheretoracerc agree to submit to the personal and exclusive
jurisdiction of the courts of the State of Washington. The failure of
wheretoracerc to exercise or enforce any right or provision of the Terms
of Use Policy shall not constitute a waiver of such right or
provision. If any provision of the Terms of Use Policy is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Use Policy remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to
use of the Service or the Terms of Use Policy must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the Terms of Use Policy are for
convenience only and have no legal or contractual effect.
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- The determination of violations of these policies is at the
sole discretion of wheretoracerc.
- Any User who violates these policies will have their access
account terminated with no refunds. Any payments due will become
due immediately.
- Each violation will incur a cleanup cost of $1000.00, payable
upon receipt of invoicing. Any legal fees incurred by wheretoracerc
will also be charged to the violator.
- In the event that a violation may incur criminal or civil
liability by the user, wheretoracerc will cooperate fully with any law
enforcement agencies.
Please report any violations of the Terms
of Use Policy to: Contact Form. | |
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Suspension and Termination of Service |
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wheretoracerc reserves the right to suspend
and/or terminate your Service at any time for any material failure
of you or your Representatives to comply with these Rules and
Regulations. | |