Terms of Use

1. Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.  

2. Payment Methods

Tracktion Software Corporation currently accepts MasterCard, Visa, American Express credit and debit cards as well as payments via Paypal . Tracktion Software Corporation does not accept cash, money orders or checks. The customer agrees to pay all applicable fees and charges (including any applicable taxes). All prices are unit prices.  

3. Currency

All payments on Tracktion Software Corporation are made in US Dollar. The Tracktion Software Corporation online shop may present prices in other currencies to assist decision making in regard to the purchase. The prices displayed in currencies other than US Dollar are only an approximation and the actual exchange rates applied by the banks at the time of purchase may vary. 

4. Termination of Rights by Tracktion Software Corporation

Tracktion Software Corporation may at any time lose the right distribute and sell selected products. Should such a case occur you will no longer be able to access and download such products from your account and they will no longer be listed in the Tracktion Software Corporation catalog. 

5. Limitation on Sales

The Tracktion Software Corporation online shop sells products to end customers only. Music dealers, distributors, wholesalers and any other businesses purchasing products in the Tracktion Software Corporation online shop with an intent to resell them may be refused access and sale of products. Tracktion Software Corporation may discontinue its offers on free products at any time and without notice. 

6. Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved. 

7. Licence to use website

You may view, download for selected products for demo / trial or for caching purposes only, and print pages from the website, provided that:

(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;

(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;

(c) you must not edit or otherwise modify any material on the website.

The www.tracktion.com Website contains information, advice, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. Tracktion.com makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product.

8. Limitations of liability

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRACKTION SOFTWARE CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRACKTION SOFTWARE CORPORATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRACKTION.COM OR THROUGH OR FROM TRACKTION.COM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

9. The right to challenge a transaction

Tracktion Software Corporation reserves the right to challenge the legal standing of a transaction under sufficient circumstances. In such case the user will be contacted by Tracktion Software Corporation staff individually to confirm his/her identity. Failure to verify a user's identity will result in cancelling the challenged order. A challenged order is open for validation for 30 days after the transaction.

10. Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us. 

11. Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

12. Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. 

13. Law and jurisdiction

This notice will be governed by and construed in accordance with United States law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Washington.

14. Our contact details

You may contact us below with any questions:

Tracktion Software Corporation
23515 NE Novelty Hill Rd
Suite B211-141
Redmond, WA 98053

e-mail: support@tracktion.com

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