Terms of Service

Effective Date:

Track Bookings, LLC (“Track Bookings,” “our,” “us,” or “we”) provides the TrackBookings.com Services (as defined below) to facilitate the promotion for sale, rental, or hire of automotive and motorsports vehicles, facilities, and related goods and services on behalf of “Providers” (as herein defined) through the Services to Customers. Prior to utilizing the Services, you must review and agree to the following terms and conditions. In the event of a conflict between these Terms of Service and any other publication or communication sent by or on our behalf, these Terms of Service shall control.

1. Binding Agreement.

You agree to abide by these Terms of Service and enter into a binding contract with Track Bookings at the earlier of:

  1. When you register an account with the Services;
     
  2. When you use the Services to find, rent, or purchase goods or services through the Services; or
     
  3. When you download any Application (as defined below) to use, access, or browse the Services.

If at any time you do not agree to these Terms of Service in whole or in part, you must cease use of the Services immediately, and may not use or access the Services in the future unless and until you agree to these Terms of Service in their entirety. If you use or intend to use the Services on behalf of any entity, you agree to these Terms of Service on behalf of such entity, its affiliates, successors, and/or assigns, and represent expressly that you have the authority to do so (in such cases, “User,” “you,” “your,” and any similar or related term as used herein shall apply to and refer to the Entity on whose behalf you are using the Services). Use of the Services will be considered by us as your actual and apparent authority to bind the Entity to these Terms of Service. If you do not have the applicable authority, or if you do not agree to these Terms of Service in whole or in part, cease use of the Services immediately, and do not use or access the Services in the future unless and until you (and the Entity, if appliable) agree to these Terms of Service in their entirety.

Certain of these Terms and Conditions apply to Providers using the Services to promote, organize, sell, rent, and/or otherwise provide goods or services as noted herein. Certain other of these Terms and Conditions apply only to Customers using the Services to browse for, find, purchase, rent, hire, or otherwise obtain goods or services, as noted herein. All Terms of Service not expressly applicable only to Providers and/or Customers shall apply to all Users. If you have questions regarding your use of the Services, please contact support@trackbookings.com.

THESE TERMS OF SERVICE INCLUDE A WAIVER OF RIGHTS TO BRING A CLASS ACTION LAWSUIT AGAINST TRACK BOOKINGS FOR USERS LOCATED IN THE UNITED STATES; CERTAIN OTHER DISCLAIMERS OF WARRANTIES ON BEHALF OF TRACK BOOKINGS; AND A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST TRACK BOOKINGS ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES YOU AGREE TO THE ABOVE REFERENCED PROVISIONS, AS MORE EXPRESSLY STATED HEREIN.

We reserve, at our sole discretion, the right to modify, update, replace, remove, or otherwise alter any of the terms, obligations, or conditions contained in these Terms of Service and the documents incorporated herein at any time and for any reason (collectively, “Modifications”). Modifications will be posted to the Track Bookings website, or sent to Users via email in such a way that the most recent changes are plain and easily referenced for the convenience of the Users. We may provide written notification of such Modifications through means such as email, notices posted within the Services, or such other means as we see fit. Modifications shall be considered in full force and effect the earlier of fifteen (15) days after their initial posting to the Track Bookings website, or such other date as communicated to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on Users shall be effective immediately. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF SERVICE FROM TIME TO TIME FOR MODIFICATIONS. Your continued use of the Services constitutes your acceptance of any Modifications after the date on which they come into full force and effect. If at any time these Terms of Service become not acceptable to you due to Modifications, you must cease accessing and utilizing the Services immediately, and you may not use the Services for any purpose in the future unless and until you agree to these Terms of Service and all Modifications in their entirety. These Terms of Service may not be modified other than as provided for in this Section 1.

While we may translate these Terms of Service and/or related documents and agreements into languages other than English for the convenience of Users, your use of the Services shall be governed strictly in accordance with the English Language version of each applicable document and agreement. In the event of any conflict between the English language version of these Terms of Service and a translated version hereof in any other language, the English language version shall prevail.

2. The Services.

Track Bookings’ services (collectively, the “Services”) include:

  1. Our websites and domain names, including but not limited to TrackBookings.com, and any related websites, pages, sub-domains, domain variants to account for global use of the Services, any and all subparts to such websites, and any and all functionality on a User website which integrates the foregoing into the User’s website (together, the “Track Bookings Site”);
     
  2. Any and all services provided for, on, and/or through the Track Bookings Site, or otherwise provided by Track Bookings (including any application development or programming interface, code provided by Track Bookings to be embedded by end users into their own website(s), and/or the marketplace and payment processing features integrated into the Track Bookings Site through Periodic, Inc., and/or Stripe);
     
  3. Any and all paid or free mobile applications (the “Applications”) that are offered, provided, and/or maintained by Track Bookings, to the extent the terms of service of the Applications do not conflict with these Terms of Service; and
     
  4. Other to be defined features, services, applications, etc., that may be added to the Services in the future.
3. Users.

The Services provide a marketplace platform that enables sellers and service providers of goods and services for hire, sale, and/or rental (each a “Provider”) to coordinate the promotion, sale, and/or rental of such goods and services. Users may then search for, hire, rent, and/or purchase Provider goods and services through the Services’ marketplace platform (each such User a “Customer”). Within these Terms of Service, “Users” shall mean both Providers and Customers utilizing the services.

4. Scope.

These Terms of Service shall govern all of the Services, subject to your acceptance of these Terms of Service. These Terms of Service shall additionally be construed to include and incorporate by reference any relevant additional provisions of Track Bookings’ agreements with entities engaged by Track Bookings for payment processing services, as well as any individual agreement Track Bookings enters into with an individual User.

5. Conditions of Use.

The following sections contain many of the rights and obligations you have when making use of the Services (“Conditions of Use,” and/or “Conditions”). We take adherence to these Conditions seriously, and have expended considerable effort to ensure an ecosystem that is healthy for all Users. If you notice any User behaving in a manner inconsistent with these Conditions, please contact support@trackbookings.com as soon as possible.

We hereby grant to Customers a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Services for the purpose of searching for, hiring, renting, and/or purchasing Provider goods and services. We hereby grant to Providers a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Services for the purpose of coordinating the promotion, sale, and/or rental of allowable goods and services. All Users must comply with these Terms of Service including without limitation the Track Bookings Privacy Policy in a way that complies with applicable federal, state and local laws. No User’s license shall permit you or any other User to copy, modify, reproduce, translate, localize, port, or create a copy or derivative of any of the Services. Additionally, attempting to reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure of any or all parts of the Services, except as permitted by applicable law, shall be viewed as a direct violation of these Terms of Service. You shall not rent, lease, resell distribute, or otherwise utilize the Services for any purpose not contemplated by these Terms of Service or exploit the Services in a manner that could be construed as unauthorized or unintended. You shall not alter or remove any and all proprietary notifications or labels in or on the Services, nor shall you engage in any activity that disrupts or affects the availability of the Services by other Users. Any right not expressly granted in these Terms of Services is reserved.

6. Use Free of Charge; Fees.

Utilizing the Services to create accounts, to promote goods and/or services for hire, rental, and/or sale, and to access the Services is free of charge. We solely charge Customers upon the successful closing of a transaction for the purchase, hire, and/or rental of goods and/or services from a Provider. We operate as a digital marketplace, and solely collect the following monies from Customers:

  1. The sales, hire, and/or rental price of goods and/or services (as determined by Providers at the time they create a marketplace listing (the “List Price”)), after such goods have been actually conveyed and/or services have been rendered, by a Provider to a Customer (each such transaction, a “Paid Transaction”), or at such earlier time as separately agreed to by a Provider and Customer; or
     
  2. In the event goods and/or services are offered by a Provider free of charge, a service fee of $50.00 per transaction (the “Zero-Price Service Fee”) after such goods have been actually conveyed and/or services have been rendered, by a Provider to a Customer (each such transaction, an “Zero-Price Transaction”).

For Paid Transactions, Track Bookings collects, and each Provider agrees to, a Service Fee equal to the greater of 10% of the List Price or $50.00. The Service Fee is deducted from the List Price, with any remaining balance less any other applicable fees due from the Provider (the “Net List Price”) being transmitted to the Provider through the payment processing information submitted by such Provider through Stripe, Track Bookings’ payment processing service provider. Providers may accordingly determine their List Prices to account for Service Fees, however, we do not guarantee any level of profitability for any goods or services promoted, hired out, sold, or rented through the Services.

7. Nature of Transactions; Refunds.

All agreements for the sale, hire, and/or rental of goods and/or services are exclusively between Providers and Customers. Service Fees and Zero-Price Service Fees are collected solely to compensate Track Bookings for the use of the Services, and not in exchange for any other good and/or service (and expressly not for goods and/or services promoted, rented, sold, or otherwise provided by Providers). Because of the nature of these transactions, we cannot enforce or mandate a refund policy for individual Providers, and cannot force Providers to issue Customers refunds in any manner. In the event that goods and/or services you have purchased, rented, and/or hired, are unsatisfactory to you, you are encouraged to seek out a refund by directly contacting the applicable Provider. In the event a Provider fails to comply with their own stated refund policy, or fails to respond to a request for a refund, you may contact support@trackbookings.com and we will pursue the matter according to our terms and policies as they apply to that Provider. Notwithstanding the foregoing, we assume and will have no liability for any dissatisfaction with a Provider’s goods or services, a Provider’s failure to provide a refund, or our failure to mediate a dispute between Providers and Customers.

8. Email and Electronic Messaging.

We enable you to contact other Users and may enable you to contact third parties via email. Your use of this aspect of the Services means that you represent, agree to, and warrant the following:

  1. That you have the right and authority needed to send emails to your intended recipients, and that doing so will not violate any applicable law;
     
  2. That your use of the Services to send email and electronic messages is in compliance with spam and email laws, rules, and regulations;
     
  3. That your use of the Services to send email and electronic messages is in compliance with these Terms of Service, including without limitation the Track Bookings Privacy Policy;
     
  4. That you will not attempt to deceive or mislead Users through use of the Services;
     
  5. That you will identify applicable email and electronic messages as advertisements or as commercial in nature; and
     
  6. That you will not attempt to contact any User who has opted out of receiving messages through the Services from you.

If you fail to abide by the above requirements, or if we receive sufficient notice and complaint from Users regarding your use of the Services to send email and/or electronic messages, or if you otherwise violate these Terms of Service, we reserve the right to suspend or limit your access to the Services in addition to any legal recourse which may apply.

9. Account Registration.

In order to make full use of the Services, you must create an account that includes certain pieces of personal information. You assert that you will provide true, accurate, and complete information about yourself, any entity that you might represent, and to maintain and update in a timely fashion any information which might change. In the event of a dispute arising from the veracity of an account or account ownership, we reserve the right to mediate such dispute at our sole discretion, but any decision we make arising out of the execution of such right shall be final and binding with respect to the Services on all parties involved.

In addition to the foregoing, Providers must enroll in, register, or otherwise sign up for an account with our payment processor, Stripe, in order to receive any Net Service Fee(s) (as defined herein) due to such Provider. Providers who neglect or otherwise fail to register with Stripe will not be permitted to promote their goods and/or services, nor be able to receive any payments due from Customers for such goods and/or services. Please contact support@trackbookings.com for additional information regarding Stripe.

10. Password Security.

The confidentiality and security of your password and account details are solely your responsibility, as are any actions or activities arising out of your account’s interaction with the Services. In the event that someone uses your account or password without your authorization, you agree to notify us immediately to ensure the safety of our Users.

11. Age Restrictions.

To ensure the safety, security, and privacy of all Users, you must be at least the legal age of majority where you reside to use the Services.

12. Content.

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, likenesses or other material (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, factual accuracy, reliability, and appropriateness.

TRACK BOOKINGS MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE LEGALITY, ACCURACY, RELIABILITY, AND APPROPRIATENESS OF ANY CONTENT POSTED BY USERS TO THE SERVICES, AND EXPRESSLY DISCLAIMS AND WAIVES ANY LIABILITY FOR THE NEGLIGENCE, RECKLESSNESS, OR WILLFUL ACT OF ANY USER IN MAKING CONTENT AVAILABLE THROUGH THE SERVICES.

By posting Content on or through the Services, you represent and warrant that: (i) the Content is owned exclusively by you, and/or you have the right to use it and the right to grant us the right and license provided for in these Terms of Service; and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or other intellectual property right.

You retain any and all of your rights to any Content you submit, post, display, or make available on or through the Service, and you are responsible for protecting those rights. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR CONTENT YOU OR ANY THIRD PARTY POSTS ON OR THROUGH THE SERVICES. By posting Content using the Services, you grant us the right and license to use, reasonably modify, publicly perform, publicly display, reproduce, and distribute such Content on and/or through the Services. You agree that this license includes the right for us to make your Content available to other Users, who may also use your content subject to these Terms and Conditions.

We hereby reserve the right, but not the obligation, to monitor and delete all Content that does not conform to these Terms of Service and/or violates relevant law or the rights of third parties.

In addition, Content found on or made available through the Services are considered the property of Track Bookings and/or is used by Track Bookings with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, in whole or in part, for commercial purposes or for personal gain, without our express written permission.

13. Community Guidelines.

Our goal in creating the following guidelines is to ensure that Users have the optimal experience with the Services, cultivating a healthy marketplace environment. The following are some important guidelines for using the Services.

  1. Adult Content. We prohibit accounts that promote or distribute offensive material, including but not limited to visual and/or written pornography, blood, gore, and violence. We reserve the exclusive right to determine whether any Content is considered “offensive” within the meaning of these Terms and Conditions.
     
  2. Nudity or Sexually Suggestive Content Involving Minors. Nude or sexual content involving, or suggesting the involvement of, minors or persons incapable of giving consent, including situations where the User who created or made such Content available is the subject thereof. Prohibited Content in this category includes drawings as well as inappropriate captions of otherwise non-sexual imagery.
     
  3. Illegal Content. Use of the Services for illegal purposes is strictly prohibited.
     
  4. Invasion of Privacy. Use of the Services to invade the privacy of another is strictly prohibited, and is punishable by permanent ban, strictly enforced, in addition to any legally mandated reporting.
     
  5. Threats and Violence; Harassment and Bullying. Use of the Services to threaten the life or wellbeing of another, directly or indirectly, including but not limited to harassment and bullying, whether of Users who you know personally or any other person, brand, or organization, is prohibited.
     
  6. Hate Speech and Discrimination. Use of the Services to demean, defame, or promote any form of discrimination (including but not limited to discrimination based on race, ethnicity, national origin, religion, sexual orientation, gender and/or gender identity, disability, or veteran status) is strictly prohibited.
     
  7. Impersonation. Don’t state or imply that you are, are an agent or representative of, or are endorsed or promoted by, someone you are not – including friends, family, celebrities, brands and other organizations – unless you are that person or entity, or have the authority to present yourself as their agent, representative, endorsee, etc.
     
  8. Promotion of Terrorism. We prohibit content that promotes any form of terrorism, punishable by permanent ban, strictly enforced, in addition to any legally mandated reporting.
     
  9. Spam. We maintain a zero-tolerance policy with respect to spam messages.
     
  10. Facilitation or Participation in Gambling. Gambling, gaming, lotteries, raffles, contests, and similar uses are prohibited uses of the Services.
     
  11. External Sales. You may not use the Services to promote the sale, rental or hire of goods and/or services, to be consummated outside of the Services.
     
  12. Data Collection. You may not use the Services to collect personal information from other Users, such as insurance, social security information, payment or financial information, etc.
     
  13. Stalking. In addition to harassment, use of the Services to stalk any User is strictly prohibited.

If you violate any of these guidelines, or such other rules or guidelines as we make available and publicly known to Users, we reserve the right to remove the offending Content, terminate your account, and/or notify the applicable law enforcement agency. If your account is terminated for violating these Terms of Service and/or specifically for violating the above guidelines, you may not use the Services again. While we strive to ensure these guidelines are adhered to by all Users, we are not an insurer or guarantor of User safety, and our failure to enforce any or all guidelines shall not constitute a waiver of our ability to do so in the future, and nothing in these Terms of Service shall be construed to express or imply such a waiver.

14. Our Rights for Content Violation.

We reserve the right to monitor and/or remove any Content you post to, generate with, or make available through, the Services in the event that we believe said Content violates the Terms of Service or applicable law. In the exercise of these rights, we reserve the right to, but shall not be obligated to: (i) notify you of a need to alter or remove Content prior to removal or alteration by us; (ii) notify relevant legal authorities if we believe such content violates relevant law; (iii) directly and immediately alter or remove your Content in order to limit any alleged liability and/or to comply with applicable law; (iv) preserve a copy of your Content, even if you remove or alter it, in order to mitigate our risk and/or comply with applicable law, rules, regulations, and/or court order; (v) reasonably pursue matters involving our rights, property, and personal safety (both our employees and Users, and the public at large), including but not limited to the prevention of fraud. You acknowledge and agree to the rights contemplated by this Condition. Our failure to exercise any of the above rights shall not constitute a waiver of our ability to do so in the future, and nothing in these Terms of Service shall be construed as to express or imply such a waiver.

15. Adjustments to the Services.

We may, from time to time, make adjustments to the quality and content of the Services, including the addition, removal, and modification of certain features available to Users. We are not responsible or liable for the impacts to you for such additions, modifications and/or removals, and do not guarantee or warrant the continued functionality of the Services as-is at the time you register for an account. The availability, addition, modification, or removal of any feature of the Services shall not entitle any User to a refund or adjustment of Service Fees or Zero-Price Service Fees, except as determined by us in our sole discretion.

16. Consummation of Sale, Rental, and/or Hire.

The Services are made available to Users solely to promote goods and services, and to facilitate payment processing. Track Bookings does not facilitate transportation, title and tag, or any other services in connection with the sale, rental, hire, or use of goods or services by Providers; nor does Track Bookings vet or verify any Customer’s eligibility, capability, or competence to so purchase, rent, or hire. It is the sole responsibility of Providers to take any and all steps necessary to ensure Customers are eligible, capable, and competent to purchase, rent, or hire the goods or services promoted by that Provider through the Services. Pursuant to these Terms of Service, Customers and Providers hereby agree to present only truthful information and make all necessary disclosures, as well as to agree to any further agreement or requirements set forth by a Provider in order to consummate the sale, rental or hire of a Provider’s goods and/or services. Track Bookings shall have no liability whatsoever for the acts, omissions, or negligence of any User that results in a failure to consummate a transaction promoted by and/or paid for through the Services. IT IS THE SOLE RESPONSIBILITY OF CUSTOMER AND PROVIDER TO FINALIZE ALL SALES, RENTALS AND HIRINGS OF GOODS AND SERVICES PROMOTED THROUGH THE SERVICES, AND YOU AGREE TO UNDERTAKE THE FINALIZATION OF SUCH SALES, RENTALS, AND HIRINGS ACCORDING TO THESE TERMS OF SERVICE. Customers agree to pay the List Price and/or Zero-Price Service Fee for those sales, rentals, and hirings for which they contract through the Services. Providers agree to make available those goods and services which they promote through the Services to the Customers with whom they contract.

In no event shall a Customer and Provider conspire to use the Services to facilitate the sale, rental, or hire of goods or services to the exclusion of Track Bookings, and/or for the purpose of avoiding the payment of any List Price, Service Fee, Zero-Price Service Fee, payment processing fee, or any other fee, cost, or expense otherwise incurred through the use of the Services, which would otherwise be due to Track Bookings.

17. Provider Warranties.

All Providers warrant that they have the legal authority and all applicable governmental licenses and permits required to enter into a contract to sell, rent out, or hire out (as the case may be) the goods and/or services they promote through the Services. As a Provider, you hereby represent and warrant that the information you supplied through the Services is, to the best of your knowledge, true, complete, and accurate, and is not misleading. As a Provider, you represent, acknowledge, and agree that you are fully and solely responsible for any information and/or description of the goods and/or services you promote through the Services, and that Track Bookings has no role in inspecting, examining, researching, validating, or otherwise verifying such information and/or description. As a Provider, you acknowledge that you are solely and fully responsible for any tax and title obligations associated with the goods and/or services you promote through the Services. As a Provider, you hereby waive and release us from any against any claim, demand, liability, or expense of any kind arising out of or related to the goods and/or services you promote through the Services, including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract, or breach of warranty. In the event any Customer alleges or asserts any warranty, negligence, or breach of contract arising out of the sale, rental, or hire of goods and/or services promoted by you through the Services, you agree to defend, indemnify, and hold harmless Track Bookings and the Released Parties with respect to any such claim, including attorneys’ fees, witness fees, court costs, and collections costs.

18. Customer Acknowledgements and Agreements.

All Customers hereby acknowledge and agree that our sole duty under these Terms of Service is to provide the Services, and not to provide tag and title services, personal transportation or the transportation of any goods promoted through the Services, or any other duty except as expressly defined herein. As a Customer, you hereby waive and release us from and against any claim, demand, liability, or expense of any kind arising out of or related to goods and services promoted through the Services, including without limitation, any assertions of negligence (including negligent misrepresentation), breach of contract, or breach of warranty. As a Customer, you agree not to join us as a defendant in any action or proceeding directly or indirectly arising out of or relating to any goods and/or services promoted through the Services, and further agree to look solely to the applicable Provider with respect to such matters. We disclaim all warranties, express or implied, concerning goods and services promoted through the Services, including warranties of merchantability or fitness for any purpose. You agree to pay the List Price and/or Zero-Price Service Fee for goods and/or services you choose to purchase based on their promotion through the Services, and represent that you agree to do so based solely on your independent inspection and evaluation of, and/or inquiry into the information provided by the applicable Provider. You further agree to any additional terms and conditions required by such Provider in connection with that Provider’s goods and or services, and that your failure to so agree is not a basis for requesting a refund from us for any List Price of Zero-Price Service Fee paid by you. You further acknowledge that, in using the Services to purchase goods and services from Providers, you have not relied upon assumptions regarding our knowledge regarding goods or services promoted by any Provider through the Services, or of any particular Provider, nor any representations by us, including without limitation any representations as to any of the information regarding condition, location, availability, or any other information disclosed by a Provider. ALL INFORMATION PROVIDED BY PROVIDERS IS THE SOLE EXPRESSION OF THE PROVIDER AND NOT TRACKBOOKINGS. TRACKBOOKINGS ASUMES NO LIABILITY FOR ANY AFFIRMATION, REPRESENTATIONS, WARRANTIES, OR GUARANTEES MADE BY ANY PROVIDER. We are not liable for any third party liabilities.

19. Third-Party Content.

We are not responsible for third-party Content that is posted or linked to through the Services by any User. We will maintain a reasonable level of care with regard to exercising the rights afforded in these Terms of Service as such rights may pertain to third-party Content posted or linked to by Users. Additionally, we are not responsible for the availability of third-party Content, are not responsible or liable for any third-party Content or links, and are not responsible or liable for loss or damages related to the use of third-party Content or links, regardless as to whether such Content or links are connected with User profiles, Provider pages and listings, or our partners, employees, contractors, members, officers, agents, successors or assigns.

In the event that you link your User account with a third-party account (e.g. social media) you acknowledge our right to access, store, and make available the Content you have provided to that third-party account in the same manner as if it were provided through your Track Bookings registered account directly, in as much as such information (including personally identifiable information) is available through the Services.

20. Prohibitions – Providers.

To the extent that your use of the Services is consistent with that of a Provider, you hereby represent and warrant that:

  1. You are not located in and are not a resident of any country subject to an embargo by the US, UK, EU, Australia, or Canada (a “Prohibited Country”); and
     
  2. You are not a person or entity affiliated with a person or entity that appears on the US OFAC’s Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List, the US Department of State’s Terrorist Exclusion List, the Bureau of Industry and Security’s Denied Persons List, the UK Treasury’s Consolidated List of Targets, the AU Department of Foreign Affairs and Trade’s Consolidated List, or is subject to sanctions in any country (a “Prohibited Person”); and
     
  3. You are not prohibited from accessing, nor have had, you merchant file terminated by any credit card scheme (a “Credit Prohibited Person”).

If you cannot represent and warrant all of the above, you are considered a Prohibited Provider, and are not eligible to use the Services as they pertain to the promotion of, and payment processing for, the sale, rental and hire of goods and services.

21. Prohibitions – Goods and Services.

The following goods and services (“Prohibited Items”) are prohibited from the Services, and you agree not to attempt to utilize the Services to promote such Prohibited Items:

  1. Goods and services that violate or facilitate the violation of any law, rule or regulation;
     
  2. Goods or services prohibited by the rules, regulations and/or bylaws of any banking or credit card payment scheme;
     
  3. Goods or services that take place in a Prohibited Country; and
     
  4. Goods or services that otherwise violate these Terms of Service.
22. Prohibitions – Transactions.

The following transactions (“Prohibited Transactions”) are prohibited under these Terms of Service. You agree, warrant, and represent that you will not use the Services to facilitate or process any transaction or payment that:

  1. Violates the rules, regulations any/or bylaws of any banking or credit card payment scheme;
     
  2. Is fraudulent or criminal in nature;
     
  3. Constitutes a restricted transaction as that term is defined under the Unlawful Gambling Enforcement Act of 2006 and/or Regulation GG; and/or
     
  4. Constitutes the transfer of funds from one party to another other than for the purchase, sale, or hire of bona fide goods and services as lawfully promoted through the Services.
23. Prohibitions – Remedies.

If we determine that you have conducted a Prohibited Transaction, utilized the Services in connection with a Prohibited Item, and/or are a Prohibited Merchant, we may take one or more of the following actions, at our sole discretion:

  1. Suspension or termination of your account(s);
     
  2. Alteration, editing, or removal of a Prohibited Item from the Services;
     
  3. Blocking, reversing, or refunding transactions; (iv) putting an immediate hold on any and all funds and transactions associated with your account in accordance with applicable law; and
     
  4. Referral of you, your goods and services, and/or your transactions and pertinent information thereto, to banking and credit card schemes and applicable law enforcement authorities for additional action.

Any failure by us to take any remedial action shall not constitute a waiver of our right to any remedial action under these Terms of Service, and all remedies listed herein may be taken in addition to any remedy available at law.

24. Term and Termination.

These Terms of Service shall be effective upon your agreement hereto and continue in perpetuity until terminated.

We may terminate your right to use the Services at any time for:

  1. Your violation or breach of these Terms of Service;
     
  2. Your misuse or abuse of the Services, as determined by us in our sole discretions;
     
  3. Your access to and use of the Services in violation of any applicable local, state, national, or other law, rule, or regulation, or in such a manner that would otherwise expose us to legal liability.

We shall exercise commercially reasonable efforts to notify Users of any such termination, but are not required to provide actual notification to you thereof. You agree that we shall not be liable to you or any third party for any such termination of your right to use or otherwise access the Services.

You may terminate your access to the Services, and your agreement to these Terms of Service, by deleting your User account.

All provisions of these Terms of Service that by their nature should survive termination shall so survive, including without limitation all limitations on liability, releases, indemnification, clauses and obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property rights and licenses.

25. Indemnification.

You agree to indemnify us and hold us harmless, and hold harmless our affiliates, subsidiaries, successors and assigns, and each of their respective officers, directors, agents, licensors, payment processing partners, partners, and employees (the “Released Parties”), from any and all damage, loss, liability, cost, and expense, including without limitation reasonable attorney’s and accounting fees resulting from any claim, suit, proceeding, or investigation made by any third party (each a “Claim”) due to or arising out of:

  1. Your breach of these Terms of Service, including without limitation the Track Bookings Privacy Policy;
     
  2. Your improper use of the Services;
     
  3. Your breach of any applicable law, rule, regulation, or rights of any third party; and (iv) the goods and/or services you promote and/or purchase, rent or hire through the Services, regardless as to their nature.

We shall exercise commercially reasonable efforts to notify you of any Claim, provided that the failure or delay by us in providing such notice shall not limit User obligations hereunder, except to the extent such User is materially disadvantaged by such failure.

26. Disclosures and Disclaimer of Warranties; Limitation of Liability.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE GOODS AND SERVICES PROMOTED THROUGH THE SERVICES MAY INCLUDE LISTINGS RELATED TO MOTORSPORTS, AUTOMOTIVE RACING, AND ACTIVITIES AND TRAINING RELATED THERETO. YOU UNDERSTAND AND ACKNOWLEDGE THAT SUCH GOODS AND SERVICES ARE INHERENTLY DANGEROUS AND REPRESENT AN EXTREME TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND CONDITION; THAT SUCH GOODS AND SERVICES INVOLVE RISKS AND DANGERS WHICH INCLUDE, WITHOUT LIMITATION, THE POTENTIAL FOR SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS AND LOSS OF LIFE, LOSS OF OR DAMAGE TO PROPERTY, ACCIDENTS AND PHYSICAL CONTACT OR COLLISION, DANGERS ARISING FROM ADVERSE WEATHER CONDITIONS, EQUIPMENT FAILURE, AND SITUATIONS BEYOND THE IMMEDIATE CONTROL OF TRACK BOOKINGS, USERS, AND/OR ANY INVOLVED THIRD PARTY (THE “RISKS”). YOU UNDERSTAND THAT THE RISKS MAY BE CAUSED IN WHOLE OR IN PART BY YOUR OWN ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS, OR THE ACTS, INACTIONS, OR NEGLIGENCE OF ANY OF THE RELEASED PARTIES. YOU HEREBY EXPRESSLY ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR ANY DAMAGES LIABILITIES, LOSSES, OR EXPENSES WHICH YOU INCUR AS A RESULT OF ANY GOODS AND/OR SERVICES YOU PROMOTE, PURCHASE, RENT, AND/OR HIRE THROUGH THE SERVICES. YOU FURTHER HEREBY AGREE TO BE FAMILIAR WITH, AGREE TO, AND ABIDE BY ALL RULES, REQUIREMENTS, REGULATIONS, OR THIRD PARTY TERMS, CONDITIONS AND AGREEMENTS ESTABLISHED BY ANY PROVIDER IN CONNECTION WITH THAT PROVIDER’S GOODS AND SERVICES, AND NOT EXPRESSLY STATED WITHIN THESE TERMS OF SERVICE OR ON OR THROUGH THE SERVICES. YOU ACCEPT SOLE RESPONSIBILITY FOR YOUR OWN CONDUCT AND ACTIONS WHILE PARTICIPATING IN OR UTILIZING GOODS AND SERVICES OBTAINED FROM A PROVIDER THROUGH THE SERVICES, AND THE CONDITION AND ADEQUACTY OF ANY EQUIPMENT THAT YOU MIGHT OWN AND SUPPLY IN CONJUNCTION WITH SUCH GOODS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT TRACKBOOKINGS AND THE RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE CONDITION, MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ANY GOODS OR SERVICES PROMOTED THROUGH THE SERVICES. ANY AND ALL TRANSACTIONS ENTERED INTO THROUGH OR OTHERWISE ENABLED BY THE SERVICES ARE PRIVATE TRANSACTIONS BETWEEN THE CUSTOMER AND PROVIDER AND ARE ARMS-LENGTH WITH RESPECT TO TRACKBOOKINGS; TRACKBOOKINGS IS NOT A PARTY TO ANY SUCH TRANSACTION AND SHALL NOT BE HELD LIABLE FOR THE CONTENTS, TERMS, SUCCESS, FAILURE, SATISFACTION, OR CLOSING OF ANY SUCH TRANSACTION WITH RESPECT TO ANY USER.

WE PROVIDE THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE. IN DOING SO, WE, TRACKBOOKINGS, ATTEMPT TO ENSURE THAT THE SERVICES ARE FREE OF BUGS, SAFE, AND GENERALLY AVAILABLE FOR USE BY USERS. HOWEVER, CERTAIN CIRCUMSTANCES SHALL NOT BE GUARANTEED OR PROMISED WITH REGARD TO THE SERVICES. TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS-IS,” “WHERE-IS,” AND “AS-AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FOR ILLUSTRATIVE PURPOSES ONLY AND WITHOUT LIMITATION TO THE FOREGOING, WE MAKE NO WARRANTY THAT:

  1. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
     
  2. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
     
  3. THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS AND SERVICES PROMOTED THROUGH THE SERVICES, THE TRUTH OR ACCURACY OF ANY USER-GENERATED CONTENT OR LISTING OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION. WE ARE NOT AFFILIATED WITH, AND HAVE NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY PROVIDER EXCEPT AS EXPRESSLY DISCLOSED HEREIN, AND WE HAVE NO RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH PROVIDER OR OTHER THIRD PARTY.

TO THE EXTENT PERMITTED BY LAW, TRACKBOOKINGS AND THE RELEASED PARTIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TRACKBOOKINGS PRIVACY POLICY FOR:

  1. ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS AS TO WHETHER TRACKBOOKINGS HAS BEEN NOTIFIED OF THE POTENTIAL OF SUCH DAMAGES);
     
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
     
  3. ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER; OR
     
  4. ANY MATTERS BEYOND TRACKBOOKINGS’ REASONABLE CONTROL.

IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF TRACKBOOKINGS AND THE RELEASED ENTITIES SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY YOU FOR GOODS AND SERVICES PROMOTED THROUGH THE SERVICES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM OR, IF NO SUCH PURCHASE APPLIES, ONE HUNDRED U.S. DOLLARS ($100.00).

IN ADDITION TO THE FOREGOING, YOU HEREBY WAIVE ANY APPLICABLE LAW OR STATUTE WHICH SAYS, IN FORM OR SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. ONLY THOSE LIABILITIES AND OTHER LIMITATIONS WHICH ARE LAWFUL IN A USER’S JURISDICTION (IF ANY) SHALL APPLY TO THAT USER, AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

27. Waiver of Class Action.

YOU AND TRACKBOOKINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. NO REMEDY FOR CONFLICTS UNDER THESE TERMS OF SERVICE AND/OR ANY DOCUMENT INCORPROATED HEREIN BY REFERENCE SHALL CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

28. Intellectual Property.

The trademarks, service marks, and logos of Track Bookings used and displayed in connection with the Services (“Track Bookings’ Trademarks”) are registered and unregistered trademarks or service marks of Track Bookings. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (“Third Party Trademarks;” together with Track Bookings’ Trademarks, the “Trademarks” and each a “Trademark”). The offering or use of the Services shall not grant, by implication, estoppel, or otherwise, any right or license to any Trademark displayed in connection with the Services without the written consent of the applicable Trademark mark owner. Trademarks may not be used to disparage any party, product, good, or service, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademark as part of a link to or from any site is prohibited unless we and/or the applicable Trademark owner approves such a link through prior written consent. Any and all goodwill generated from the use of any of Track Bookings’ Trademarks shall inure to our benefit.

Patents and patents pending may apply to the Services. The Content found on and through the Services is also protected by copyrights owned by Track Bookings and/or third parties. Copying any portion of the Services is a strict violation of such patents, patents pending, copyrights, and trademarks.

We take claims of intellectual property rights infringement seriously. If you believe any materials accessible through the Services infringe your copyright or other intellectual property right, you may request removal of those materials by notifying our designated agent in writing at the address listed below:

Track Bookings LLC
ATTN: DMCA Claims Agent
117 North Market Street
Suite 300
Wilmington, DE 19801
302.778.1300
datadan@trellist.com

To be effective, notices of infringement must include the following information:

  1. Your physical or electronic signature;
     
  2. Your address, telephone number, and email address;
     
  3. Identification of the work you claim has been infringed upon, and any information reasonably necessary or sufficient to permit us to locate that material on the Services;
     
  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
     
  5. A statement that the information in the notice is true and correct; and
     
  6. A statement, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the infringed upon rights.

Notifications that do not comply with the foregoing procedure will not receive a response.

29. Notices.

Notices may be sent to you via email to the address provided by you and retained by us for such use. Notices provided by any other means, including through the Services, are strictly a matter of convenience unless noted otherwise in writing.

30. Entire Agreement.

These Terms of Service, including any documents incorporated by reference, constitute the entire agreement between you and Track Bookings, and govern your use of the Services. These Terms of Service, as modified or amended by us from time to time, supersede any prior or contemporaneous agreement, unless specified in writing.

31. Governing Law.

These Terms of Service and the provision of the Services are governed by the laws of the State of Delaware, without reference to principles of conflict of laws. In the event any controversy or claim arising out of or relating to these Terms of Service, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association, under its Mediation Rules. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three (3). The place of mediation and arbitration shall be Wilmington, DE. Delaware law shall apply. Judgment on the award rendered by such arbitrators may be entered in any court of competent jurisdiction.