Terms and Conditions ("Terms")

Last Updated: August 13, 2020 (“Effective Date”)

Please read these terms of use ("Terms" or "Terms of Use") carefully before using the readitrak.com website (the "Service") operated by Federal Resources Supply Company, the parent company of K.D. Analytical Consulting, LLC ("us" or "we" or "our"). K.D. Analytical Consulting, LLC (“KDA”) is a subsidiary of Federal Resources Supply Company and any references to Federal Resources Supply Company or Federal Resources or “us” or “we” or “our” incorporates KDA. As used herein, “Party” and “Parties” shall refer to Federal Resources Supply Company and/or you.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. All information we collect on the Service is subject to our Privacy Policy (Include link to Privacy policy). By accessing or using the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at the foregoing link, incorporated herein by reference, and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service. If you disagree with any part of the Terms then you do not have permission to access the Service.

Communications

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving future communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

We reserve the right to refuse or cancel your order at any time for any reason including, but not limited to, suspected fraud or an unauthorized or illegal transaction, product or service availability, error in the description or price of the product or service, error in your order or other reasons.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Any Content you post to the site will be considered non-confidential and non-proprietary. We may use this Content for internal analysis purposes but the Content will not be shared beyond Federal Resources Supply Company without explicit customer approval.

Availability, Errors and Inaccuracies

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Federal Resources Supply Company has the right but not the obligation to monitor and edit all Content provided by users that we deem inappropriate, at our sole discretion.

Content

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

KD Analytical Consulting, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of KD Analytical Consulting, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account, or suspected compromise.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit Content or other information, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to admin@readitrak.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at readitrak@federalresources.com

Intellectual Property

Federal Resources Supply Company’s proprietary content, including but not limited to policies, procedures, standard operating procedures and work product found on or through this Service (“Proprietary Content”), is the property of Federal Resources Supply Company or used with our permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Proprietary Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Federal Resources Supply Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Federal Resources Supply Company.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Federal Resources Supply Company.

Federal Resources Supply Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Federal Resources Supply Company 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 third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to defend, indemnify and hold harmless Federal Resources Supply Company, its subsidiaries, affiliates, successors, assigns, licensees, licensors, and their respective employees, contractors, agents, officers, directors, and shareholders (“Indemnitees”), from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, penalties, fines, costs, debts, and expenses (including but not limited to reasonable attorneys’ fees) (“Losses”), resulting from or arising out of or occurring in connection with: a) use and access of the Service, by you or any person using your account and password; b) your breach of these Terms, or c) Content posted on the Service by you or any person using your account and password. Such indemnification shall include, without limitation, third-party claims that Content posted by you, or any person using your account and password, on our Service infringes or misappropriates the intellectual property or proprietary right of any third party.

Limitation Of Liability

In no event shall Federal Resources Supply Company, or its Indemnitees, be liable under these Terms or the Privacy Policy to you or any third-party for any future loss of profits, overhead, indirect, incidental, special, consequential, punitive, or similar damages (including, without limitation, overhead, future loss of profits, data, use, goodwill, or other intangible losses), claimed or arising out of, relating to, or resulting from (i) your access to, use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, regardless of the legal or equitable theory upon which the claim is based (whether based on warranty, contract, tort (including negligence) or any other legal theory) whether we have been informed of the possibility of such damages, whether such damages were foreseeable, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding the foregoing, this section shall not be construed to disclaim direct damages. In no event shall Federal Resources Supply Company, including its Indemnitees’, aggregate liability arising out of or relating to these Terms or the Privacy Policy, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed any amounts you have paid us for the Service during the twelve months preceding the event giving rise to the claim or one-million dollars ($1,000,000), whichever is lesser.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Federal Resources Supply Company its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Notwithstanding the foregoing sections, nothing contained herein affects any warranty or liability that cannot be excluded or limited under applicable law.

Governing Law

These Terms and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Delaware, United States, without giving effect to principles of conflicts of law, except as to issues which may be governed by Federal laws. Any dispute under this Agreement not otherwise resolved by the Parties shall be resolved a court of competent jurisdiction in the State of Delaware, and each Party consents to the jurisdiction and venue of such courts. The Parties shall resolve any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination or invalidity hereof by exhausting the following options in the following order: (i) negotiation of the Parties within thirty (30) days after one Party notifies the other Party of a dispute in writing, (ii) escalation to the Parties’ executive level, as applicable, for negotiation, (iii) after fifteen (15) days of applicable executive level involvement escalation to a mediator for resolution, and finally, if resolution does not occur through mediation, (iv) the Parties may use the judicial process to resolve the dispute utilizing the laws and forum specified in this Section.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with our Privacy Policy, constitute the entire agreement between Federal Resources Supply Company and you regarding the Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. These Terms, which include any and all modifications to previous versions, shall be effective on the date they are posted to the Service as indicated by the “Last Updated” date at the beginning of these Terms. Notwithstanding, any changes to the dispute resolution provisions, as set forth in the Governing Law section, will not apply to any disputes of which the Parties had actual notice prior to the Effective Date.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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