Summary

TrackHSA.com provides online HSA Record Keeping services (our Services) that makes tracking your HSA super easy and we would love for you to use it. Basic use of this website is free for 30 days during our trial, and you can optionally pay to continue using the service. Please read this agreement (the Agreement) carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all of the terms and conditions of this agreement, you may not access or use any of our services. Our services are not directed to children under the age of 13 and may not be used as such.

Disclaimer of Warranty

Our Services are provided "as is". TrackHSA.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither TrackHSA.com nor its suppliers and licensors makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that when you download from, or otherwise obtain content or services through our Services, that these actions are at your own discretion and risk.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TrackHSA.com account (if you have one), you may simply discontinue using our Services. You can also cancel and close your account after logging in under the "Account" section. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

In no event will TrackHSA.com, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TrackHSA.com under this agreement during the twelve (12) month period prior to the cause of action. TrackHSA.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the TrackHSA.com Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless TrackHSA.com, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorney fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Intellectual Property

All content of this website, including but not limited to, text, graphics, images, digital downloads, algorithms, data, and data compilations remains the property of TrackHSA.com and is protected by international patent, copyright, and trademark laws. This Agreement does not transfer from TrackHSA.com to you any TrackHSA.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TrackHSA.com. Any unauthorized copying, reverse engineering, reproduction, or distribution of this content, to anyone without written authorization, is prohibited and may violate Federal law. All trademarks, service marks, graphics and logos used in connection with TrackHSA.com or our Services, are trademarks or registered trademarks of TrackHSA.com. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any TrackHSA.com or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on this site, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Miscellaneous

This Agreement constitutes the entire agreement between TrackHSA.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TrackHSA.com, or by the posting by TrackHSA.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California.