Terms & Conditions*

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LEGAL & SECURITY

Thank you for visiting the DUSTYTRAC, INC. (dba/aka DustyTrac, Inc. and/or dustytrac.com and/or DustyTrac.com and/or dustyrac.us and/or DustyTrac.us and/or dustytrac.net and/or DustyTrac.net and/or dustytrac.org and/or DustyTrac.org and/or DUSTYTRAC and/or DUSTYTRACSAC, "DustyTrac") Web site. We maintain this site to provide you AS IS with general, educational, and other various information, as well as information about the products and services offered by DustyTrac. DustyTrac requires that all visitors to this site abide by the following Terms of Use.

 

Please read them carefully.

 

 By accessing and/or using this site, you agree to all of the following Terms of Use. You also agree to any additional terms and conditions of use applicable to specific areas of the site that are posted on the site at any time. These Terms of Use, including the Privacy Statement, the Cookie Policy, Conditions and Account Membership Policies, Guidelines and Information and any additional terms and conditions of use applicable to specific areas of the site, products or services, as they each may be modified from time to time, are collectively referred to as the "Terms of Use."

 

By accessing or using this site, or by signing up for any account or service with DustyTrac, Inc, you are certifying:

• You are not a robot, bot or otherwise “artificial intelligence”.

 

• You are of legal age (18) to enter into a contractual agreement in your abiding country, city, state, jurisdiction, or applicable government body AS WELL AS the State of Arizona, Maricopa County, United States of America.

 

• You agree to our Privacy Policy, Terms of Use and Conditions, Member Policy, Store Policy and any other applicable Policies for each product or service offered.

 

• All data or information provided by you is complete and accurate.

 

• You posses agency and approval to enter into contracts on behalf of your principle entity when acting on the behalf of an organization.

 

• You fully indemnify DustyTrac, Inc. , its agents, officers and all respective subsidiaries and third parties from any liability in regards to the use of our site and our services.

 

 

• You are giving DustyTrac, Inc. the authorization to collect, access, record, store, transfer, retain, and otherwise use information regarding your personal details shared with DustyTrac, Inc. indefinitely and without restriction unless otherwise indicated by you.

 

 

 

Terms of Use

 

Intellectual Property Rights

 

Unless otherwise indicated in this site, the pages, screens, text, logos, images, graphics, sound, information and materials available through this site ("the information and materials available through this site") are the property of DustyTrac, its affiliates or their respective licensors and are protected by applicable copyright, patent, trademark or other intellectual property laws. You may not copy, display, distribute, download, license, modify, publish, broadcast, repost, reproduce, reuse, sell, transmit, modify, use to create a derivative work, or use for any public or commercial purpose any of the information and materials available through this site without the express written permission of DustyTrac. This includes through e-mail or other electronic means. You may, however, download the information and materials available through this site to a computer or print out a hard copy for your personal reference if you do not remove any copyright or other notices contained therein. Also, we encourage you to tell others how to access the information and materials directly through this site. You should send requests for our express written permission to any exception to this rule to webmaster@dustytrac.com.

 

Information and Materials Available Through This Site

 

Although we will use reasonable efforts to include accurate and timely information, all information and materials available through this site are provided "AS IS" and with all faults. DustyTrac does not warrant, and specifically disclaims any warranty as to, the accuracy, completeness, timeliness, noninfringement, merchantability, availability, suitability or fitness for a particular purpose of the information and materials available through this site. You agree that your access to and use of this site and the information and materials available through this site are at your own risk. To the maximum extent permitted by applicable law, you agree that in no event must DustyTrac or its affiliates be liable for any direct, indirect, special, incidental, consequential or punitive damages or losses whatsoever (including, without limitation, lost profits, damages for loss of goodwill, work stoppage, or computer failure or malfunction) arising out of or resulting from: (1) your use of, or inability to use, data, documents or information made available on this site or other Web sites linked to this site; (2) content errors, omissions or infringing material; or (3) any harm caused by the transmission of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt or otherwise impede in any manner the operation of any of your software, hardware, data or property. You agree that DustyTrac, Inc. and its affiliates must have no such liability to you even if DustyTrac is advised of the possibility of such damages or losses, even if DustyTrac or its affiliates or information providers are negligent, and regardless of the legal or equitable theory (whether contract, tort, strict liability or otherwise) upon which the claim is based.

 

DustyTrac may make improvements and/or changes to any products or services described in this site, and may eliminate any products or services described in this site, at any time. DustyTrac does not guarantee that any product or service described in this site will be available at any time, or that any such product or service will be available to you (as the eligibility for particular products and services varies).

 

The information and materials available through this site may include information and materials about the investment process generally as well as research and commentary (not relating to specific securities) about financial planning, investments, interest rates and other economic conditions generally. DustyTrac is not providing investment advice through this site and does not provide any advice regarding the nature, potential value or suitability of any particular investment or any investment strategy. You agree to make your own independent evaluation of your financial planning needs, interest rates and other economic conditions, and any investments you make. You also agree that you will not use any of the information and materials available through this site as tax or legal advice and that you will consult with your own advisors as necessary with respect to investment, tax or legal advice. You agree that this site and the information and materials available through this site are for informational purposes only and do not constitute an offer to sell or a solicitation to buy any security, even if a specific security is referenced in this site or in any Web site linked to this site.

 

Links

 

Our site contains links to sources outside of DustyTrac that we believe are useful to visitors to our site. Once you link to another site, you are subject to the privacy policy and terms of use of the new site. Such sites are not under the control of DustyTrac, and DustyTrac is not responsible for their content. DustyTrac provides these links to you only as a convenience, and has not tested any software or verified any information found at such sites. Further, the inclusion of any link does not imply DustyTrac's endorsement of the site or its contents. You acknowledge and understand that there are inherent risks in the use of any software or information found on the Internet. DustyTrac welcomes links to its site. You are free to create a hypertext link to DustyTrac's site as long as the link does not state or imply any sponsorship of your site by DustyTrac. Also, we request a courtesy notification, via e-mail to webmaster@dustytrac.com, in advance of your link to our site.

 

Products or Services Obtained from Other Sites

 

DustyTrac does not warrant, and specifically disclaims any warranty as to, the merchantability, availability, suitability or fitness for a particular purpose of any products or services you may purchase or obtain from an entity other than DustyTrac (including DustyTrac, Inc, DustyTrac.com, DustyTrac.org, DustyTrac.net, DustyTrac.us or any other entity sponsoring a Web site linked to this site). You agree that your purchase and use of any such products or services are at your own risk. To the maximum extent permitted by applicable law, you agree that in no event must DustyTrac or its affiliates be liable for any direct, indirect, special, incidental, consequential or punitive damages or losses whatsoever (including, without limitation, lost profits, damages for loss of goodwill, work stoppage, or computer failure or malfunction) arising out of or resulting from your purchase or use of any such products. You agree that DustyTrac and its affiliates must have no such liability to you even if DustyTrac is advised of the possibility of such damages or losses and regardless of the legal or equitable theory (whether contract, tort, strict liability or otherwise) upon which the claim is based. In addition to any disclaimers or terms of use imposed by such other entity, you should note that any such investment products or services you may purchase or obtain (1) are not bank deposits and are not insured, (2) are not guaranteed by DustyTrac or any of its affiliates, and (3) are subject to substantial risk, including the possible loss of some or all of the principal invested.

 

Computer Viruses

 

It is possible to contract a computer virus or other malicious code by using the Internet or materials downloaded from it. DustyTrac does not guarantee that this site or any of the information and materials available through this site will be virus or problem free, and we disclaim liability (if any) for viruses and similar problems. We attempt to keep our site virus free, but cannot assure you that our efforts will be successful.

 

Email

 

Messages transmitted via electronic mail (e-mail) are not secure and any information transmitted to this site via e-mail will not be treated as confidential. DustyTrac may use e-mail or other forms of input provided by visitors to this site for any purpose without compensation to the contributor.

 

Revocation of Access Authorization

 

DustyTrac reserves the right to revoke any or all access and use authorizations granted to site visitors. If you have questions or comments about this policy, please contact webmaster@dustytrac.com.

 

Servicing Process

 

DustyTrac.com is not an online financial service provider nor a bank. We understand that you expect privacy, confidentiality, and security for your financial transactions. We collect and use information about you only when we reasonably expect it is necessary to complete and process your account. We ask for information such as contact information (like name, address, phone number, etc.), unique identifiers (like credit card number, EIN number and date of birth) and financial information for specific business purposes in evaluating your account. We may request and use information obtained from national consumer credit reporting companies to further evaluate your account. At this time, we may use information obtained from Equifax, TransUnion and Experian and other Background Check agencies to evaluate your account and eligibilities. We provide training to our employees, which stresses the importance of maintaining confidentiality of accounts. We maintain certain security standards to deter unauthorized access to confidential information about you. The integrity of our information is tested on a routine basis to validate and improve the protection we offer. We do not disclose specific information about your accounts to parties outside our company and affiliated entities for their independent use unless: (1) you ask that we provide information or authorize its release; (2) the information is necessary so we may complete a transaction you initiated; (3) the disclosure is required or permitted by law; or (4) the information is provided to an established national credit-reporting agency. At times, it may be necessary that we share information about you with a party outside our company or affiliated entities, such as a vendor that we hire for support services. These vendors agree to safeguard any confidential information obtained and must abide by applicable law.

 

Governing Law; Jurisdiction

 

You agree that: (1) your access to and use of this site and these Terms of Use must be governed by and construed in accordance with the internal laws of the State of Arizona and applicable United States of America Federal laws; (2) any dispute relating to your access to and use of this site or these Terms of Use (a "dispute") must be brought exclusively in the Maricopa County, Arizona Superior Court or in the United States District Court for the District of Arizona; and (3) you knowingly, voluntarily and irrevocably: (a) consent, for yourself and in respect of your property, to the exclusive jurisdiction of these courts; (b) waive any immunity or objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which you may have from or to the bringing of the dispute in such jurisdiction; (c) waive any personal service of any summons, complaint or other process that may be made by any other means permitted by the State of Arizona; (d) waive any right to trial by jury; (e) agree that any such dispute must be decided by court trial without a jury; and (f) agree that DustyTrac or its affiliates may file a printed or electronic version of the Terms of Use with any court as written evidence of your consents, waivers and agreements set forth herein.

 

Miscellaneous

 

These Terms of Use represent the complete and exclusive statement of the agreement between you and DustyTrac regarding your access to this site and your use of the information and materials available through this site, and supersede all prior and contemporaneous agreements and representations regarding the subject matter hereof. Notwithstanding the foregoing, however, the Terms of Use are in addition to, and do not nullify, any other agreement between you and DustyTrac or its affiliates governing your relationship with DustyTrac or its affiliates generally. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use must be effective against DustyTrac unless the same is in writing and signed by an authorized officer of DustyTrac, Inc. DustyTrac may modify these Terms of Use at any time upon written notice or posting to the site. You agree that if you access this site or use the information and materials available through this site after such notification of changes, you will be bound by all such changes. Thus, you should continue to review these Terms of Use whenever using this site. If you do not want to be bound by any changes, you must not use this site or any of the information and materials available through this site after the changes become effective. Should any term or provision of the Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions must continue in full force and effect.

 

Privacy Statement

Security

 

DustyTrac takes reasonable steps to protect your personal information from unauthorized parties. We treat customer information given to us online with the same confidentiality that we do with customer records on paper and with information taken over the phone by DustyTrac customer service representatives. However, no technology is fail-proof. It is possible—even if remote—for an unauthorized person to gain access to this information despite our safeguards. Consequently, visitors using forms on our site do so at their own risk.

 

Cookie Policy

 

A cookie is a way for web sites to recognize when you have visited the site before. A cookie can be a piece of data such as a data file, web beacon, pixel or other technology given to a browser by a web server, so that the browser will hand it back to the server on subsequent visits. DustyTrac uses cookies in places where you need to register, such as Members Area or Store, or where you are able to customize the information you see or other pages of the website that you visit. Recording a cookie at such points makes your online experience easier and more personalized and helps DustyTrac to store your preferences, enhance its website and improve its advertising. Although there has been some debate over the privacy implications of cookies, they do not read your hard drive nor can they be used to reveal anything about you that you have not already explicitly revealed. Questions regarding our privacy statement can be sent to webmaster@dustytrac.com. Our Information Service department can handle all other questions at info@dustytrac.com.

 

Members and Online Store

General Description of Membership and Online Store

 

What this Agreement Covers.

This Agreement governs the use of Membership and Online Store Applications (“Store”) provided by DustyTrac, Inc d/b/a DustyTrac.com (“DustyTrac”). By using the Store to conduct transactions, you agree to the terms of this Agreement.

 

Definitions

"Account” means the DustyTrac account(s) tied to your account number and/or username and/or email address(s) used through Store to conduct any and all transactions.

“Device” means your computer or electronic device with a web browser

"Account" further means any account you have with DustyTrac, Inc..

“Agreement” means the Statements of Terms, Conditions, and Disclosures, DustyTrac Fee Schedules, any chargeback agreement, any account agreement, change in terms notices, Privacy Policy, or any other accompanying schedules applicable to any Account(s) you have with DustyTrac.

"You," "your," and "yours" mean the DustyTrac member using Store.

"We," "our," us," and "provider" refer to DustyTrac.

 

Relation to Other Agreements

The terms and conditions in this Agreement are in addition to any Agreement you have with DustyTrac. You should review those for any applicable fees, for limitations on the number of transactions you can make, liability rules for electronic payments, steps to take for resolution of errors, and for other restrictions that might impact your use of an account with Store services or Transactions Outside DustyTrac.

 

Required Equipment

 

In order to use the service, you need a Device, an account, and password. You may be required to furnish additional information to verify your identity. You are responsible for the installation, maintenance, operation, and security of your Device.

 

Requirement of Account Access

 

To use the Store or Members Area, you must be authorized to transact on at least one active Account. Through the Store or Members Area, you will have access to the Account on which you are authorized to transact or to which you have access. DustyTrac reserves the right to deny access to an Account or to deny transactions under certain circumstances.

 

Description of Services

 

Store

Store allows you to perform the following functions from your Device. Some functions may not be available on mobile Devices or in certain areas.

Obtain Account balances

Obtain transaction information for your Accounts

Update your contact information and account preferences, including statement receipt methods and alerts

Additional services may be provided at our discretion and subject to additional terms and conditions.

 

Mobile Store Service

The Mobile Store Service allows you to access your DustyTrac account information and conduct transactions through the DustyTrac’s Online Store services using compatible mobile phones or other mobile devices (“Mobile Device”). To use the Mobile Store Service, you must download and install a third-party software application (the “Software”) on your Mobile Device and follow the procedures for activating the Mobile Store Service. DustyTrac reserves the right to modify the scope of the Store Service at any time. Mobile Store may not be available in all areas or jurisdictions.

 

You agree not to use any Store Service(s) or the content or information delivered through these Store Service(s) in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software(s); (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Store Service(s) to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading, inaccurate, defamatory or unlawfully harassing; or (h) interfere with, disrupt or attempt to gain unauthorized access to the Store Service(s).

 

 

 

Exclusion of Warranties

 

This Service and related documentation are provided "as is" without any warranty of any particular kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

 

Password and Security

 

Enrollment into Store requires successful validation of user information and the creation of a password. You agree not to give or make available your password to any unauthorized individual. If you believe your password has been lost or stolen, someone has attempted to use the Store without your consent, your account(s) have been accessed, or someone has conducted transactions without your permission, you must notify DustyTrac immediately (see Contact Information below). DustyTrac does not maintain a record of your password. If you lose or forget your password, follow the link to automatically reset your password from the login screen.

 

You may have the option of uploading a photograph to your Store profile. Any inappropriate, offensive, or explicit images, or images that may violate the intellectual property rights of any third party, may be removed.

 

Your Liability For Unauthorized Transactions and Payments

 

Unauthorized use of your Store profile could cause you to incur charges or balances in your Account(s). If you believe your Account(s) has been accessed and/or someone has performed an unauthorized transaction from your Account. Notifying DustyTrac immediately could minimize your possible losses.

 

If you notify DustyTrac in writing within two (2) business days of an unauthorized transaction, your maximum liability will be $100. If you do not notify us in writing within two (2) business days after you learn of the loss or theft of your password and/or account number(s), and the unauthorized access could have been prevented if you had notified us, then there is no limit to your losses implied, guaranteed or otherwise by DustyTrac.

 

Should your Account show transactions that you did not make or authorize, please notify us in writing immediately. If you do not tell us within thirty (30) days, you may not get back any of the funds you lost if the unauthorized transaction(s) or payment(s) could have been stopped if you had notified us in time.

 

You agree to assist DustyTrac in its efforts to recover any funds that were transacted or transferred or paid without your permission or consent. Refer to the Statements of Terms, Conditions, and Disclosures.

 

Cookies, Browser Information and Related Issues

 

When you visit the Site, the Service Provider may receive certain standard information that your browser sends to any website you visit, such as the originating IP address, browser type and language, access times and referring website addresses, and other information generated from “cookies.” This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Service by assisting in "authenticating" who you are when you access the Site or Service, particularly if you register for the Service and are issued or create a username and password. We do not take any special action upon receipt of ‘Do Not Track’ notices.”

 

Additional Store Text Account Service Terms and Conditions

 

Your use of DustyTrac’ Text Service (“Text Service”) constitutes your agreement to the following terms and conditions. These terms and conditions are in addition to and do not supersede or replace any other agreements applicable to your accounts or use of other DustyTrac services.

 

You are responsible for any and all charges, including but not limited to fees associated with text messaging imposed by your communication service provider. Standard message and data rates may apply.

 

You agree to provide DustyTrac with a valid mobile number so that DustyTrac may send you information about your applicable account. You agree that DustyTrac may send you text messages through your wireless provider. You agree to notify us immediately of any changes to your registered device.

 

DustyTrac will never send a text message that asks you to supply sensitive, personal, or financial information such as your social security number or your account number. If you receive such a request, do not respond and contact DustyTrac immediately. The Text Service may not be encrypted and may include personal or confidential information about you such as your account activity or status. You acknowledge that account information may not include recent or pending transactions or other information subject to restrictions.

 

You agree to indemnify, defend and hold harmless DustyTrac from any claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from your use of the Text Service or providing a mobile phone number that is not your own.

 

You further agree that DustyTrac will not be liable for any failed, delayed or misdirected delivery of any information sent through the Text Service, any errors in information and any action you may or may not take in reliance on this information.

 

Disclosure of Account Information to Third Parties

 

DustyTrac will only disclose information to third parties about your Account, or transactions in accordance with our Privacy Policy.

 

Charges

 

Store may be subject to service charges in accordance with the Fee Schedule and/or Business Fee Schedule adopted by DustyTrac from time to time. You will be notified of the implementation of newly assessed fees, as required by law.

 

Warranty and Limited Liability. The Store Service is provided AS IS and AS AVAILABLE. You acknowledge that the Store Service may be interrupted, may be limited or may not be accessible over some mobile networks. You further acknowledge that, from time to time, the Store Service may be delayed, disrupted or interrupted, and that such could result in inaccuracy, delay, mis-delivery, or error in transmission of data or information. Information available through the Store may not be current or may differ from the information that is available directly through the DustyTrac website. DUSTYTRAC, INC. AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES RELATING TO THE STORE SERVICE OR OTHERWISE IN CONNECTION WITH THIS ADDENDUM, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER DUSTYTRAC NOR ITS SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, BUSINESS, OR DATA, WHETHER BASED IN STATUTE, CONTRACT, TORT OR OTHERWISE, EVEN IF DUSTYTRAC OR ITS SERVICE PROVIDERS, AS APPLICABLE, HAVE BEEN ADVISED OF, OR HAD REASON TO KNOW OF, THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF DUSTYTRAC OR ITS SERVICE PROVIDERS TO YOU IN CONNECTION WITH THE ONLINE BANKING SERVICES OR OTHERWISE IN CONNECTION WITH THIS ADDENDUM EXCEED $50.

 

Alterations and Amendments

 

The terms of this Agreement, applicable fees, and service charges may be altered or amended by DustyTrac from time to time. This Agreement, including any changes hereto, is on the Store website, and any use of the Service constitutes your agreement that such use is subject to the then-current version of this Agreement.

 

Disputes

 

This Agreement, along with any other terms and conditions applicable to particular services, is the complete and exclusive statement of the agreement between you and DustyTrac with regard to the Store, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and DustyTrac relating to the subject matter of this Agreement.

 

Assignment

 

You may not assign this Agreement to any other party. DustyTrac may assign this Agreement to any present or future affiliated company. DustyTrac may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

 

No Waiver

 

DustyTrac must not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by DustyTrac. No delay or omission on the part of DustyTrac in exercising any right or remedy must operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion must not be construed as a bar or waiver of any rights or remedies on future occasions.

 

Captions

 

The captions of sections hereof are for convenience only and must not control or affect the meaning or construction of any of the provisions of this Agreement.

 

Governing Law

 

This Agreement must be governed by the laws of the State of Arizona without regard to its conflict of law rules, and in the event of any dispute arising out of this Agreement, the parties consent to the exclusive jurisdiction of the state or federal courts located in Maricopa County, Arizona.

 

Contact Information:

 

DustyTrac, Inc.

+1 (602) 492 – 7415

Monday – Saturday, 8:00 a.m. – 7:00 p.m. Arizona Time

Contact.Us@dustytrac.com

 

 

DustyTrac, Inc.

Attn: Legal

8175 E Evans Rd

PO Box 13242

Scottsdale, AZ 85260