Deviate Tracking Website Terms of Use

ACCEPTANCE OF TERMS

Welcome to DeviateTracking.com. DeviateTracking.com (the “Website”) is comprised of various web pages operated by Deviate Labs, LLC (“Deviate Labs”, “we”, “us”, or “our”). Your use of the the Website is subject to the following Terms of Use (“TOU”). Deviate Labs reserves the right to update the TOU at any time without notice to you.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the privacy statement in the section below for disclosures relating to the collection and use of your information.

WEBSITE CONTENT

All content available on this Website is the copyrighted work of Deviate Labs.

Any reproduction or redistribution of this Website, in whole or in part, without the written permission of Deviate Labs is expressly prohibited by law, and may result in severe civil and criminal penalties. Elements of Websites are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of our websites may be copied or retransmitted unless expressly permitted by us. Violators will be prosecuted to the maximum extent possible.

We make no representations about the suitability of the information or content contained in the Website for any purpose. All such materials are provided “as is” without warranty of any kind. We hereby disclaim all warranties and conditions with regard to the Website, including all warranties and conditions of merchantability, whether express, implies or statutory, fitness for a particular purpose, title and non-infringement. In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the Website. The Website may include inaccuracies or typographical errors. Changes are periodically made to the Website, and we may make improvements and/or changes to the Website at any time and without any notice.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any of our servers, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of California.

LINKS TO THIRD PARTY SITES

The links in the Website will let you leave the Website. The linked sites are not under the control of Deviate Labs and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are not providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Deviate Labs of the linked site.

THIRD PARTY SOFTWARE

We use third-party software to power certain features of our website, we make no representations or warranties of any kind, express or implied, about the reliability, availability or functionality of the third-party software.

PRIVACY

Deviate Labs and its affiliates are committed to protecting users’ privacy, and we want to keep you informed of our privacy practices through this Website. This privacy policy applies to those Deviate Labs and affiliate Websites that link to this notice. We encourage you to read this policy to ensure you understand our privacy practices.

Some of our clients provide us and our affiliates with personally identifiable information about their customers so we can perform various services such as online campaign analysis. In addition, as part of our services, we may collect information about user interaction with client Websites and provide that information along with our analysis to the client. All of this information belongs to the client and, as their customer, you should review the privacy policies of the sites you visit. Deviate Labs and its affiliates make no other use of this personally identifiable information.

The responsible use of cookies and web beacons (aka: action tags or pixel gifs) plays an important role in the services Deviate Tracking and its affiliates provide to clients. Our services allow our clients to better serve you, their customer. Deviate Tracking and its affiliates may use cookie and web beacon technology for planning, serving, analyzing, and managing online campaigns on behalf of our clients. Depending on your web browser, you may be able to change how your computer treats cookies so that cookies are not used or saved. Please check with your browser provider for more information on managing cookies.

EMAIL SERVICE ON BEHALF OF DEVIATE TRACKING OR AFFILIATE CLIENTS 

When we conduct an email campaign for our clients, we generally use email service providers. Deviate Tracking or its affiliates may use cookie and web beacon technology to track the campaign’s effectiveness.

DEVIATE TRACKING AND AFFILIATE WEBSITES

Deviate Tracking and affiliate Websites provide users with information about products and services, as well as company contact information. We do not collect personal information unless you provide it to us for items such as a request for a blueprint. We will express our need for the personal information at the point of collection.

Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, telephone number and other information required to provide a service, deliver a product, or carry out a transaction you have requested.

We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent.

We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may disclose your personal information to establish or exercise our legal rights or defend against legal claims.

OUR COMMITMENT TO CHILDREN’S PRIVACY

We do not collect or maintain information at our website from those we explicitly know are under 13, and our website is not structured to attract anyone under 13.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Deviate Labs from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through Deviate Tracking in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Deviate Labs, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Deviate Labs agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEVIATE LABS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DEVIATE LABS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DEVIATE LABS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVIATE LABS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEVIATE LABS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

We reserve the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Deviate Labs as a result of this agreement or use of the Website. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Deviate Labs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Deviate Labs with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Deviate Labs with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

POLICY UPDATES OR CHANGES 

Deviate Tracking and its affiliates may update or change this privacy policy at any time and such changes will become effective immediately after they are posted unless otherwise stated. We encourage you to review our privacy policy whenever you use this Website.

Should you have any additional questions, please send an e-mail to [email protected].

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FREQUENTLY ASKED QUESTIONS:

1. What information is collected by the Deviate Tracking and affiliate Websites?
   Like most standard Website servers, we use log files. We may collect Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, and track user’s movement in the aggregate. The other information we collect through the Deviate Tracking or affiliate Website is contact information you choose to provide as a consumer, client or partner, when you complete a form to request more information about our company, products or services.
2. How do Deviate Tracking or its affiliates use personally identifying information collected on the respective Deviate Tracking or affiliate Website?
   We use the contact information you provide to respond to your request or to provide you future updates. We may contact you through any of the means you identified on the form (e.g., phone, fax, e-mail).
3. Do Deviate Tracking and its affiliates share my personally identifying information with third parties?
   We may share the contact information you provide on our Website with our contractors and vendors in order to provide a requested service or transaction (e.g., to send you an email) subject to our confidentiality policies. Other than agents who act on our behalf, information you provide at this site will not be transferred or sold to unrelated third parties, unless we have your permission to do so. We may disclose your personal information to respond to subpoenas, court orders, legal process, or to protect or establish our legal rights or property. Information may be disclosed as part of any merger, acquisition, sale of company assets, as well as in the unlikely event of an insolvency, bankruptcy or receivership in which information would be transferred as one of the business assets of the company.
4. How is my personally identifying information used when I apply for a position with Deviate Tracking or its affiliates?
   When you apply for a position with Deviate Tracking or an affiliate, you may be linked to a third party Website. If you are linked to a third party Website, all personally identifiable information that you choose to provide, will be collected and maintained by the third party. The collection of information will be governed by the third party’s privacy policy. Deviate Tracking or its affiliate will have access to the information that you provide to the third party. If you apply for a position with Deviate Tracking or an affiliate directly or through a third party, and you choose to provide personally identifiable information, your personally identifiable information will be treated in accordance with this privacy policy.
5. How is my personally identifying information used when I submit it for consideration regarding partnership opportunities?
   If you are interested in partnership opportunities with Deviate Tracking, we provide you with the opportunity to contact us through our Website. The information you can submit through our Website includes your name and contact information, information about your company, and references along with their contact information. If you choose to provide your personal information or your reference’s personal information, we will use this information to assist us in determining whether to pursue a partnership opportunity with you, and will not use this information for any other purpose. We may share your personal information or your reference’s personal information with our contractors and vendors to perform services for us in regard to your request (e.g., to send you an email) subject to our confidentiality policies. We will not disclose your personal information or your reference’s personal information, except as otherwise described in this privacy statement.
6. How do Deviate Tracking and its affiliates safeguard personally identifying information collected on the Deviate Tracking and affiliate Websites?
   We have security policies and procedures to protect information in our possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. While no data transfer can be completely secure, we will make reasonable efforts to secure all data that is transferred, stored or processed.
7. What are my choices? How do I opt-out of the Website-specific mailing lists and services?
   After opting-in, you may choose to opt-out from any mailing lists that you have subscribed to, at any time. You may opt-out by clicking on the unsubscribe link within any of the emails that you receive.
8. Can I review and delete my personally identifying information collected by the Deviate Tracking or affiliate Websites?
   You can email [email protected] if you wish to access your personally identifying information. We will provide you with reasonable access to review and request the deletion of your personally identifiable information, in accordance with applicable laws and regulations.
9. Do the Deviate Tracking or affiliate Websites use cookies and web beacons?
   The Deviate Tracking and affiliate Websites may use persistent cookies and web beacons (aka: action tags or pixel gifs). Cookies are tiny packets of information stored in the temporary files on your hard drive, and used by Websites to recognize a computer they have encountered before. A web beacon is a clear gif not visible to the user, which collects certain anonymous information about your visit to our Websites. We use a combination of cookies and web beacons for planning, analyzing and managing our Websites. These tracking technologies collect anonymous data about users who interact with our Websites to help us provide a better user experience through the use of statistics and measurements of user satisfaction. Usage of cookies and/or web beacons is in no way linked to any personally identifiable information while on our sites.
10. Do Deviate Tracking or its affiliates host any blogs?
    Deviate Tracking and its affiliates may host discipline or employee blogs and may provide links to the blogs from DeviateTracking.com or affiliate Websites. The postings on the blogs may include articles, press releases and research conducted by Deviate Tracking or its affiliates. The postings on the blogs reflect the views of the authors and not necessarily those of Deviate Tracking or its affiliates. Website users may post comments to the blogs. In order to post a comment on a blog, you may be required to create a user name and provide your email address. Your user name and email address will be stored by Deviate Tracking or a third party, but your name and email address will not be shared or used for any purpose beyond posting comments to the blog.If you use a Deviate Tracking or affiliate blog, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users, and could be used to send you unsolicited messages. Deviate Tracking and its affiliates are not responsible for the personally identifiable information you choose to submit in comments on our blogs.
11. Do the Deviate Tracking and affiliate Websites link to third party Websites?
    The Deviate Tracking and affiliate Websites may provide links to third party Websites that provide valuable information. We encourage you to review the privacy policies and data collection procedures on these Websites.

COMMENTS OR QUESTIONS

Deviate Tracking welcomes your questions or comments regarding the Terms:

Deviate Labs, LLC

8605 Santa Monica Blvd, #93568
Los Angeles, California 90069

Email Address:
[email protected]

Telephone number:
(888) 733-8609

Effective as of 20 March, 2021