Terms & Conditions

Introduction
Thanks for using EmotionTrac Inc.’s products, services, websites, and app some of which are branded and doing business as “EmotionTrac” and EmotionTrac’s Services (collectively “Services”).
These Terms of Use (“TOU”) contain the terms under which EmotionTrac Inc., provides their Services to you and describe how the Services may be accessed and used. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

1. Fees and Payments

1.1. Fees for Services.
You agree to pay EmotionTrac for each Campaign or Service purchased or used, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you enter at the time of purchase. Your credit card statement may reflect Jinglz, Inc. as the merchant. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify EmotionTrac of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms and contracts between you and EmotionTrac Inc.

1.2. Taxes.
Prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.

(a) United State Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which may be the highest prevailing rate then in effect, if your billing information is incomplete or inaccurate), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.

• If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.
• If we subsequently determine, in our sole discretion, that your tax exemption document is valid, we will refund the sales tax collected.

2. Privacy

3. Your Content

4. EmotionTrac IP

5. User Content

6. Account Management

7. User Requirements

8. Acceptable Uses

9. PCI Compliance

10. Suspension and Termination of Services

11. Changes and Updates

12. Disclaimers and Limitations of Liability

13. Contracting Entity

• Contracting Entity and Notice address. References to “EmotionTrac”, “we”, “us”, and “our” are references to EmotionTrac Inc., located at: PO Box 743041, Boynton Beach, Florida, USA, 33474. Notices sent to EmotionTrac pursuant to this Agreement shall be mailed to this address by certified mail return receipt requested.
• Governing Law. These Terms are governed solely by the internal laws of the State of Florida without regard to: a) its conflict of laws provisions that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or c) other international laws.
• Jurisdiction. Except if prohibited by applicable law, each party submits to the personal and exclusive jurisdiction of the state courts located in Palm Beach County, Florida, and the federal courts located in the Southern District of Florida with respect to the subject matter of those terms.

14. Additional Terms

• Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by your Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to EmotionTrac’s Designated Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Palm Beach County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

• If a Counter-Notice is received by the Copyright Agent, EmotionTrac may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against EmotionTrac or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.