THESE TERMS AND CONDITIONS AND EACH RELATED POLICY CONSTITUTE A BINDING CONTRACT AND SHOULD BE READ CAREFULLY
Eagle One Compliance Services Inc. (“EOCS”) 150 E Beaver Creek Blvd., Suite A206, Avon, CO 81620 USPS delivery address: PO Box 5223; Vail CO 8165 Fax: 970-748-0125 help@eagletrackhome.com
These Terms and Conditions (“Terms and Conditions”) govern your use of, exposure to, or participation in or with: (i) our website, technology platforms, applications, software, training materials, client advisory services, resources, mobile apps, infrastructure, and other similar offerings or items (“Platform”); (ii) our various products and/or services related to the Platforms or other business activities; (iii) any involvement with any Real Estate Purposes (as defined in the Privacy Policy attached whatsoever; (iv) any interactions with third parties resulting from your exposure to the Platform or our other business activities that may likewise involve us; (v) the Sites as defined in our Privacy Notice; and/or (vi) any other settings in which EOCS is involved or rendering a product or service (collectively with the Platform, “Services”), whether made available to you by the company listed above or its subsidiaries and affiliates (individually and collectively, “EOCS,” “we,” “us,” or “our”). THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THE ENTIRETY OF THESE TERMS AND CONDITIONS APPLY TO USERS ACCESSING OUR SERVICES. BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SERVICES, OR PROVIDING INFORMATION TO US IN ANY MANNER COVERED BY THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS IF YOU HAD SIGNED THEM. DO NOT ACCESS OUR SERVICES YOU DO NOT AGREE TO BE BOUND BY THIS NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THEM.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Capitalized terms not defined in these Terms and Conditions have the meaning set forth in additional EOCS policies, addendums, and agreements. In the event of a conflict between these Terms and Conditions and any other separate waivers, disclosures, consents, service agreements, contracts, or other terms and conditions, (“Additional Terms”), the terms of these Terms of Use shall control; provided, however, that: (i) the Additional Terms not in conflict with these Terms of Service; and (ii) the terms of the Privacy Notice and Cookie Policy (“Privacy Notice”) that likewise do not conflict shall control notwithstanding the foregoing language.
We reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the Services. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Services.
The Services are designed to offer persons (“Users”) an option to complete a variety of tasks, assist Users in the submission of required forms, documents and information necessary for our partners and 3rd party users to exhibit and confirm compliance requirements relevant to the property you may own, manage or occupy, and for Users’ ability to learn about our offerings, evaluate and/or enjoy the Services. Some of these Services simply relate to facts and circumstances relevant to the Real Estate Purposes. A User need not directly contract with us to be subject to these terms. In order to access our services you will be required to establish an account profile, supply various pieces of information and if required to do so to comply with the requirements to occupy your home you may sign either electronically or wet sign specific disclosures, permissions, warranties and forms.
The Services are intended for Users that are at least 18 years old and own, manage or occupy a property subject to the oversight of one or more of our clients.
By creating a Profile, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, and password. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your Profile and refuse any and all current or future use of the Services (or any portion thereof). We may also refuse service at any time for any reason. You are solely responsible for activities that occur under or through your Profile, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your account or any breach of your account security. Please refer to our Privacy Notice for how we store, access, use, and share any information you provide to us, and your rights with regard to your Personal Data.
The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Conditions, shall so survive such termination until performed. You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that we may submit any claim to binding one-on-one arbitration for your claim(s) only in lieu of litigation. Such arbitration shall be conducted in a location determined by us within the State of Colorado, under the rules administered by the American Arbitration Association. Notwithstanding the foregoing, in no event shall any claim, action, or dispute relating to the ownership of intellectual property be submitted to arbitration. We make no representation that information, content, or materials on the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law. EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EOCS Parties to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions. These Terms and Conditions constitute the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If you have any questions regarding these Terms and Conditions, the Services, please contact us a the places indicated above.
All intellectual property rights in the Services shall be owned by EOCS, and in limited circumstances as granted by separate agreements our licensors, absolutely and in their entirety. These rights may include but are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing or however arising in the world together with the right to apply for or otherwise benefit from protection of the same (“Protected IP”). You agree and acknowledge you have no such use or ownership rights with respect to Protected IP except as expressly detailed by separate contract between you and us, and hereby assign us any and all rights you may have claim to. All other trademarks, logos, service marks, company or product names set forth in the Servies are the property of their respective owners; provided, however, that such entities may have granted an EOCS a worldwide, irrevocable, royalty free, non-exclusive right to use such intellectual property in EOCS’s services We welcome your comments and feedback regarding the Services. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to EOCS (collectively, “Comments”) are not confidential and will become and remain EOCS property. The disclosure, submission or offer of any Comments will constitute an assignment to EOCS of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Additionally, by submitting Comments you irrevocably grant us the right to use your Comments in connection with the username you provide for any commercial or noncommercial purpose, including to post such Comments as testimonials on our Services. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Comments from us to do the same. You hereby represent and warrant that Comments submitted by you do not violate any right of any third party (including intellectual property rights), and do not contain any libelous, abusive, obscene or otherwise unlawful material
The Services may include links that direct you to other sites, or expose you to other third party vendors, entities, locations, etc., that are beyond our control. We are not responsible for the conditions, accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, conditions or material contained in sites to which you link from or entities or locations you interact with as a result of the Services. We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which we link, and that link to the Services, nor can we review all material matters relating to each other third party entity, location or item related to the same.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and webpages linked through our Services.
With respect to your use of the Services, you agree that you will not:
To reiterate, if you have engaged us for any specific service or otherwise are granted access to specific offerings of ours, the Community Terms may include additional terms that will control.
The disclaimers in this Section are made on behalf of EOCS, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, shareholders, directors, partners, employees, independent contracts, agents, licensors, vendors, content providers, distributors, representatives, service providers and consultants, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, joint venturers, representatives, investors, and assigns and employees (together with EOCS, the “EOCS Parties”).
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED ON AN 'AS IS' AND ‘WITH ALL FAULTS’ BASIS. EOCS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, HAZARDS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND/OR CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE EOCS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH EOCS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, ERRORS, OR RELIABILITY OF INFORMATION ON THE SERVICES. YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK.
TO MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD THE EOCS PARTIES HARMLESS FROM ANY LOSS, LIABILITY, EXPENSES, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, WHETHER FOR DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR OTHERWISE (COLLECTIVELY, “CLAIMS”) DUE TO OR ARISING OUT OF (A) ANY INFORMATION SUBMITTED BY YOU OR THROUGH YOUR PROFILE, COMMENTS, OR YOUR CONTENT, (B) YOUR PARTICIPATION IN OR EXPOSURE THE SERVICES; (C) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR THIRD PARTY USING YOUR PROFILE, (D) THE VIOLATION, INFRINGEMENT OR MISAPPROPRIATION BY YOU, OR THIRD PARTY USING YOUR PROFILE, OF ANY INTELLECTUAL PROPERTY, INCLUDING PROTECTED IP, OR OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, TRADEMARK, COPYRIGHT, RIGHT OF PUBLICITY AND RIGHT OF PRIVACY; (E) ANY PORNOGRAPHIC, HATE-RELATED, THREATENING, LIBELOUS, OBSCENE, HARASSING OR OTHERWISE OBJECTIONABLE OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR POSTINGS OR OTHER COMMUNICATIONS; (F) INJURY, DEATH, OR BODILY HARM FROM SERVICES; or (G) OTHERWISE RELATED TO ANY PRODUCTS OR SERVICES SOLD, PURCHASED, PARTICIPATED IN, OR EXPOSED TO THROUGH THE SERVICE.
We attempt to be as accurate as possible and to eliminate errors on the Services and/or Platforms; however, we do not warrant that any product, service, description, photograph, or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Sites, in an order confirmation, in delivering a product or service, transmitting information to a third party or otherwise—we reserve the right to correct such error
You agree that all of your transactions with or through the Services and/or Platforms may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
NEITHER THE EOCS PARTIES NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, OR FOR DAMAGES INCLUDING LOST PROFITS AND CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, BASED UPON OR RESULTING FROM YOUR PARTICIPATION WITH, EXPOSURE TO, OR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY OFFERINGS AVAILABLE TO YOU, AND/OR MATERIALS, PRODUCTIONS, EDUCATION OR TRAINING, INCIDENTAL RELATIONS PROVIDED OR FACILITATED BY THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE EOCS PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR EXPOSURE TO THE SERVICES AND/OR INCIDENTAL ITEMS THERETO EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE RELATED TO THE SAME; PROVIDED, HOWEVER, THAT DEPENDING ON APPLICABLE LAW, THE FOREGOING LIMITATIONS MAY NOT LIMIT OR EXCLUDE THE EOCS PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED, OR FOR THE EOCS PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT, THOUGH THE SAME SHALL BE LIMITED TO THE MAXIMUM EXTENT AVAILABLE AT LAW. THE EOCS PARTIES SHALL NOT BE LIABLE FOR YOUR USE OF ANY CONCEPTS, USE OF, ITEMS, OR KNOWLEDGE LEARNED THROUGH THE SERVICES.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE EOCS PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE SERVICES AND ANY OTHER SITE, SERVICE, SOFTWARE, HARDWARE, SCHEDULE, REQUIREMENTS, CONDITIONS OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE OR ACTIONS SUGGESTED UNDER YOUR OWN COUNSEL OR OPINION AFTER EXPOSURE TO OUR SERVICES. EOCS HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL YIELD ANY SPECIFIC RESULTS OR OTHERWISE QUALIFY YOU TO RENDER GOOD JUDGMENT OR ADVICE. YOU ARE NOT TO RELY ON THE SERVICES AND AT ALL TIMES WILL BE PROCEEDING UNDER YOUR INDEPENDENT JUDGMENT WHEN DEALING WITH THIRD PARTIES.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, TO THE EXTENT EOCS PARTIES’ ARE FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS TOR THE LOWEST AMOUNT THAT MAY BE PERMITTED BY ANY GIVEN JURISDICTION.
The Protected IP, EOCS name, graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of EOCS in the U.S. and/or other countries. You shall not use or alter any text, logos, Protected IP, EOCS’s signature colors or create a confusingly similar materials in such a way which may suggest endorsement or affiliation by EOCS. You shall not use a mark which is confusingly similar to the Protected IP.
We reserve the right at any time in our sole discretion, and without prior notice or liability to you or any third party, to modify, amend, restrict, suspend, deny or terminate your access or the access of all users to the Services. Termination of a license to use the Services does not constitute termination of these Terms and Conditions.
The Protected IP, EOCS name, graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of EOCS in the U.S. and/or other countries. You shall not use or alter any text, logos, Protected IP, EOCS’s signature colors or create a confusingly similar materials in such a way which may suggest endorsement or affiliation by EOCS. You shall not use a mark which is confusingly similar to the Protected IP.
Equitable Relief. You agree that any breach of the terms will result in irreparable harm to the EOCS Parties for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the EOCS Parties will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened.
No Agency. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between you and EOCS.
Waiver. Any express waiver or failure to exercise promptly any right under the terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the terms must be in writing and signed by the party against whom enforcement of the waiver is sought. If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the terms, there shall be no third party beneficiaries to this agreement or as a result of your use of the Services
As detailed above, your use of the Services are subject to the entirety of the Terms and Conditions, INCLUDING BUT NOT LIMITED TO LIMITATION OF LIABILITY, AND GENERAL PROVISIONS, and any other applicable Additional Terms, which apply. Additionally, you expressly agree that the EOCS Parties have no responsibility or control over the content that you upload, post or otherwise transmit. You acknowledge that we may or may not (as determined in our sole discretion, and without an obligation to do so) review your content before you upload, modify, post or otherwise transmit it. You agree that you must evaluate and accept all risks associated with the use of any Services.
Contact us for a live demo of Eagle Track by giving us a call of filling out the below form.
970-748-0342