Specialists in Fire Safety Management

Terms of Use

SUBSCRIPTION AGREEMENT FOR eFireTrack, A SOLERAN SERVICE

By clicking the submit button in the order process, you agree to the following
eFireTrack terms and conditions. If you are entering into this agreement on
behalf of a company, then you represent that you have the authority to make
purchase decisions for the company and all references to you shall refer to your
company.

As a subscriber to eFireTrack, Soleran LLC will provide hosting, data
encryption, access and storage. If you are registering for the free trial, then
neither you nor Soleran will have obligations to one another beyond 30 days for
the trial start date unless you convert to a paid subscription within one month
following the end of the free trial.

PRIVACY AND SECURITY

Soleran believes that you should have full access to, and control over, your
sensitive data, and that your data must be kept secure at all times. For more
information, see the eFireTrack Privacy Statement and Security Statement that
are publicly available from this site. Soleran reserves the right to update the
eFireTrack privacy and disclosure agreements without prior notice. You will be
given the opportunity to register for eFireTrack marketing updates and
information, but you may opt-out of such e-mailings at any time. You hereby
grant to Soleran the right to disclose that you are an eFireTrack member.

LICENSE AND RESTRICTIONS

Soleran grants you global rights to use of the eFireTrack service for the number
of users for which you are subscribed. The term "license" will be synonymous
with "subscription" used throughout the rest of this agreement. An authorized
eFireTrack Administrator may authorize additional licenses.

This license is non-exclusive and non-transferable. The rights are for your own
internal uses. The user license is good for one user only, and may not be shared
by multiple users. However, an account may be adopted by a new staff member upon
the departure of a previous member.

Unless you are a member of the eFireTrack Dealer or Developer Network, you shall
not sub-license, sell, or resell the eFireTrack service. You also may not
re-engineer the service, copy images or features, or frame or display the
service by proxy.

You are prohibited from using the eFireTrack service to violate applicable laws.
You cannot impersonate another user; send Spam or other unsolicited commercial
messages; store or send obscene, threatening, libelous, or other material that
is unlawful or in violation of privacy rights; send or store harmful computer
code such as viruses or Trojan horses or files that contain them; interfere with
the performance of eFireTrack or attempt to gain unauthorized access to
eFireTrack or related networks.

Any rights not specifically granted in this agreement are reserved by
eFireTrack.

UPGRADES AND UPDATES IN SERVICE

As part of your service agreement, Soleran reserves the right to periodically
update your subscription service. You may experience brief interruptions in
service while updates are being implemented throughout the system. Soleran
reserves the right to increase your subscription service dues and fees in line
with regular subscription service upgrades and price increases throughout the
system. This increase would be made applicable for the following period that has
not previously been pre-paid (monthly, quarterly, or annually).

RESPONSIBILITIES

You agree to provide accurate billing and account data with your subscription.
You are responsible to abide by local and international laws in the use of the
eFireTrack service. Should you be aware of data or password(s) that have been
compromised, you are forbidden from distributing that information and are
responsible to notify Soleran immediately at security@eFireTrack.com.

You are responsible for all activity occurring under your subscribed User
accounts and shall abide by all applicable local, state, national and foreign
laws, treaties and regulations in connection with your use of the Service,
including those related to data privacy, international communications and the
transmission of technical or personal data. You shall: (i) notify eFireTrack
immediately of any unauthorized use of any password or account or any other
known or suspected breach of security; (ii) report to eFireTrack immediately and
use reasonable efforts to stop immediately any copying or distribution of
Content that is known or suspected by you or your Users; and (iii) not
impersonate another eFireTrack user or provide false identity information to
gain access to or use the Service.

ACCOUNT INFORMATION AND DATA OWNERSHIP

eFireTrack does not own your data. However, if you breach this contract then
eFireTrack has the right to remove your information from the service without
notification. Should your account lapse, eFireTrack will make your data
available for up to 30 days of the account lapse. You are solely responsible for
the accuracy of your data.

INTELLECTUAL PROPERTY OF THE SERVICE

The eFireTrack service, images, and application are the sole property of
eFireTrack and its licensors, if applicable. Contributions made through the
Soleran Dealer Network are the property of Soleran.

THIRD PARTY ACTIVITIES

Soleran may allow third parties to offer related products or services that are
of value to our subscribers. Any interactions between yourself and a third party
is solely between you and the third party and not Soleran or the eFireTrack
service.

PAYMENTS

You agree to make payments of all charges in advance of the term to be paid for,
whether monthly, quarterly, or annually. Payments will automatically be
processed for the next term at the end of the previous term. Licenses in the
middle of a billing cycle will be prorated.

Except as otherwise specified herein, (a) fees are quoted and payable in United
States dollars (b) fees are based on services purchased and not actual usage,
(c) payment obligations are non-cancelable and fees paid are non-refundable.
Complete cancellation of the account requires 30-days written notice to:
eFireTrack Billing, 7400 West 132nd Street, Suite 140, Overland Park, KS 66213,
and payment obligations and fees paid are non-refundable if a regular payment
falls within the 30 day notification timeframe or before.

Each account will be charged for the number of subscription seats shown in their
subscription portal, not necessarily the number of currently Active users.
Should a new user be added and no subscription seats are available, the
administrator will be prompted to acknowledge the addition of one additional
paid subscription seat for that new user. Subscription seats are independent of
users and are not automatically decreased when users are made inactive.
Administrators can decrease the number of subscription seats they require down
to the total number of currently active users through the subscription portal.

Soleran reserves the right to raise its rates as needed. You will receive 30 or
more days advance notice of any such increases by e-mail or within your account.
Your account terms are confidential and you agree not to disclose them to third
parties. Renewals will be the current charge for the billing term, multiplied by
the number of eFireTrack subscription seats.

If there is a problem with your bill, contact billing@eFireTrack.com within
30 days of the bill in question. Non-payment will result in suspension, and a
finance charge of 1 percent per month will be accrued until payment in full has
been received. If your account is cancelled by Soleran for activities in
violation of this agreement, you will be required to pay the remaining balance
due, be subject to credit reporting, or both. You agree that Soleran may charge
your credit card for any unpaid balances or bill you by other means.

Soleran does not charge an additional "reconnection fee" beyond its standard
startup fees.

STORAGE FEES

Each user will have 1GB of storage space to use to store all data, documents,
email, pictures, and any other items included for use throughout the system.
This space is per user and cannot be used as aggregate storage space throughout
the account. Additional storage can be purchased per user at the rate of $5 per
additional Gigabyte per user. We reserve the right to increase additional excess
storage fees in the future should it become necessary.

Mutual Indemnification

You agree to hold Soleran or the eFireTrack staff, licensors, affiliates,
partners, employees, agents, and officers harmless against all claims, damages,
losses, and fees, including legal or attorneys fees arising from any claim of
damages or infringement arising from the use of eFireTrack or other Soleran
sites.

Soleran agrees to indemnify you and your organization, staff, licensors,
affiliates, partners, employees, agents, and officers harmless against all
claims, damages, losses, and fees, including legal or attorneys fees arising
from any claim of damages or infringement arising from the use of eFireTrack or
other Soleran sites, so long as that use does not violate the terms of this
agreement.

In no case shall either party’s total liability exceed the amount paid for the
service.

DISCLAIMER OF WARRANTIES

Although the staff of Soleran is dedicated to providing high-quality software
services, Soleran, eFireTrack, and its licensors make no guarantee of the
suitability of the eFireTrack for any particular usage. This includes the
following:

While history has shown 99.9 percent up-time, past up-time is no guarantee of
future performance. While the staff of eFireTrack has done its utmost to
guarantee the accuracy of all statements on the eFireTrack site, Soleran does
not warrant or make any guaranty of the accuracy, reliability, timeliness, or
completeness of the service or its content. The eFireTrack service is provided
on an "as is" basis, and any implied warranty of merchantability, fitness for a
particular purpose, or non-infringement of third party rights are herby
disclaimed to the full extent permitted by applicable law by Soleran and its
licensors.

In some jurisdictions, the exclusion of implied warranties is prohibited, and
these disclaimers may not apply to you.

EXPORT CONTROL

Some features of the eFireTrack service may be subject to export control. When
using the service beyond the borders of the United States of America,
Switzerland, or the European Union, it is your responsibility to conform to all
applicable laws.

By using the eFireTrack service you represent the following:

  • You are not located in an embargoed country nor on the US Department of
    Treasury’s List of "Specially Designated Nationals."
  • You will comply with the export laws of the US, Switzerland, and the
    European Union.
  • None of the content or information acquired through the use of eFireTrack is
    used in activities associated with missiles or weapons that are nuclear,
    biological, or chemical.
  • You are in conformity of U.S. Export Administration Regulations, 15 C.F.R.
    Parts 730-774 and Council Regulation (EC) No. 1334/2000, which regulates the
    use of encryption technology.

JURISDICTION

The laws of the state of Kansas, in the United States of America, shall govern
this agreement. Any disputes arising out of this agreement shall be subject to
the jurisdiction of the state and federal courts located in or near Overland
Park, Kansas.

ADDITIONAL INFORMATION

If you have further questions about the eFireTrack terms of service, please send
an e-mail to termsofservice@soleran.com.