Last Updated: August 7, 2024
Welcome to RockTrak, an application of Amrize ACM PNW, INC (“Company”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our mobile application (RockTrak) and any related services (collectively, the “Service”).
Please read these Terms carefully before you start to use the Service.
1. Agreement to Terms
By downloading, installing, accessing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.
2. User Accounts
To use certain features of our Service, you may be required to create an account. You agree to:
Provide accurate, current, and complete information during the registration process.
Maintain the security of your password and accept all risks of unauthorized access to your account.
Promptly notify us if you discover or otherwise suspect any security breaches related to the Service. You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account at any time for any reason, including for any violation of these Terms.
3. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Amrize ACM PNW, INC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Amrize ACM PNW, INC.
4. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
Violating or encouraging others to violate the rights of third parties, including intellectual property rights.
Posting, uploading, or distributing any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
Interfering with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content.
Reverse engineering or otherwise attempting to discover the source code of the Service.
Using any automated system, including “robots,” “spiders,” or “offline readers,” to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional web browser.
5. User-Generated Content
You may be able to create, post, or share content, such as text, images, or other materials (“User Content”). You retain all rights in, and are solely responsible for, the User Content you post to the Service.
By posting User Content, you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business.
6. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
7. Disclaimers and Limitation of Liability
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
In no event shall Amrize ACM PNW, INC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.
9. Dispute Resolution
You agree to first try to resolve any dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Amrize ACM PNW, INC may bring a formal proceeding. You agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought in the federal or state courts of Whatcom County, Washington.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
11. Contact Us
If you have any questions about these Terms, please contact us at:
Amrize ACM PNW, INC
3463 Cedarville Rd, Bellingham, WA 98226
Support@rocktrak.com