Track Rabbit Attendee Terms of Service
Welcome to Track Rabbit.
- Track Rabbit is the digital source for motorsports registration, and streamlined event promotion. This innovative platform creates a better experience for tracks and clubs and makes it easier for drivers to find and register for more events that fulfill their passion.
Track Rabbit’s Services.
Track Rabbit’s services (collectively, the “Services”) include:
- Our websites and domain names, including but not limited to www.trackrabbit.com, and any and all related websites, pages, sub-domains, domain variants to account for global use of Track Rabbit, 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 (collectively the “Track Rabbit Site”);
- Any and all services provided for on and/or through the Track Rabbit Site, or otherwise provided by Track Rabbit (including any application development or programming interface, or code provided by Track Rabbit to be embedded by end users into their own website(s));
- Any and all paid or free mobile applications (the “Applications”) that are offered, provided, and/or maintained by Track Rabbit, to the extent the terms of service of such applications do not conflict with these Terms of Service (in the event of a conflict, the terms of service of an individual application shall control);
- Other to be defined features, services, applications, etc. that may be added to the Services in the future.
Track Rabbit Users.
- Track Rabbit provides a platform that enables automotive and motorsport tracks and event organizers (the “Organizers”) to coordinate and promote their events through streamlined event registration and ticket processing. Users (the “Attendees”) may then search for and register for events online. Within these Attendee Terms of Service, any reference to “Users” or “Attendees” shall solely have the meaning of Attendees.
- The Services are being provided to the Users by, and you agree and enter into these Attendee Terms of Service with ALMM Ventures, LLC, a Delaware Limited Liability Company with its place of business located at 117 N. Market Street, Wilmington, DE 19801 (“ALIVE”). Any reference to doing business with, or entering into these Attendee Terms of Service with “Track Rabbit,” “ALMM,” “ALIVE,” “Andy Lally ALIVE,” “Us”, and/or “Our” shall be construed for legal purposes to mean “ALIVE” as defined within this section.
Terms of Service.
The remainder of this document contains our Attendee Terms of Service Agreement (“Attendee Terms of Service”). These Attendee Terms of Service shall govern all of the Services, subject to your acceptance to these Attendee Terms of Service without modification, amendment or assignment. These Terms of Service shall additionally be construed to include and incorporate by reference the following:
You agree to abide by these Attendee Terms of Service and enter into a binding contract with Track Rabbit at the earlier of:
- When you register an account with the Services;
- When you register for an event (free or purchase optional events inclusive);
- When you purchase event merchandise, an event service (as defined by an Organizer), or make a donation to an event through the Services; or
- When you download any Application, use, access, or browse any part of the Services.
- If you do not agree to these Attendee 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. If you will be using the Services on behalf of an entity, you agree to these Attendee Terms of Service on behalf of that 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 shall apply and refer to the entity on whose behalf you are accessing the Services). If you do not have the applicable authority, or if you do not agree to these Attendee 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. Please note that separate terms and conditions apply to Organizers using the Services to promote, organize, and/or provide registration for your events, please contact firstname.lastname@example.org.
- THESE TERMS OF SERVICE INCLUDE A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST TRACK RABBIT FOR USERS LOCATED IN THE UNITED STATES; CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF TRACK RABBIT; AND A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST TRACK RABBIT 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.
- Except where set forth in Section X below, Track Rabbit reserves, at its sole discretion, the right to modify, update, replace, remove, or otherwise alter any of the terms, obligations, or conditions contained in these Attendee Terms of Service and the documents incorporated herein (as referenced in Section V above) at any time and for any reason (collectively, “Modifications”). Modifications will be posted to the Track Rabbit website in such a way that the most recent changes are plain and easily referenced for the convenience of the Users. Track Rabbit may provide written notification of such Modifications through means such as email, notices posted within the Services, etc. Such notification shall not be a requirement of these Attendee Terms of Service, and are purely provided as a matter of convenience for the Users. Modifications shall be considered in full force and effect fifteen (15) days after their initial posting to the Track Rabbit 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 which will 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 any and all Services. These Attendee Terms of Service may not be modified other than as provided for in this section.
- While Track Rabbit may translate these Attendee Terms of Service and/or related documents 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 in the event of a conflict between the parties thereto. In the event of any conflict between the English language version of these Attendee Terms of Service and a translated version in any other language, the English language version shall prevail.
Conditions of Use. The following section contains many of the rights and obligations you have when making use of the Services (“Conditions of Use,” “Conditions”). Track Rabbit takes adherence to these Conditions seriously, and has spent considerable effort to make sure we create an ecosystem that is healthy for all Users. If you notice someone behaving in a way that could be considered a violation of these Conditions, please contact email@example.com as soon as possible.
- Free Use. Utilizing the Services to create accounts, list events and access the Services is free of charge; Track Rabbit solely charges when they perform a gate check-in at an event or in the event they cancel their registration and a cancellation fee applies, after registering through the Services. The registration fees a User pays are therefore not the same as the payments made by Track Rabbit to Organizers in its capacity as a limited payment collection agent. Fees charged by Track Rabbit are typically to cover operating costs incurred in the provision of the Services, but may include profits and, in some cases, loss. Track Rabbit has no control over fees charged by banks, credit card companies, etc., including currency conversion fees. Check with your bank or credit card company prior to any purchase to ensure an intimate understanding of all applicable fees, charges, rates, and surcharges.
- Nature of Financial Transactions and Refunds. Track Rabbit acts as a limited payment collection agent on behalf of Organizers to facilitate payment processing for event tickets and registration. This means that all financial transactions are in fact between Attendees and Organizers, and not with Track Rabbit. Refund policies (including “no refund” policies) are required in order for Organizers to use the Services, and you are encouraged to seek out a refund by directly contacting the applicable Organizer. In the event that an Organizer fails to comply with their own refund policy, or respond to a request for a refund, you may contact Track Rabbit Support at firstname.lastname@example.org and we will pursue the matter according to our Merchant Services Agreement with the Organizer. Notwithstanding the foregoing, Track Rabbit assumes and will have no liability for an Organizer’s failure to provide a refund or our failure to mediate a dispute between Attendees and Organizers.
Email and Electronic Messaging. Track Rabbit enables 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, and warrant the following:
- 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;
- That your use of the Services to send email is in compliance with spam and email laws, rules, and regulations;
- That you will not attempt to deceive or mislead Users through use of the Services;
- That you will identify applicable messages as advertisements or as commercial in nature;
- That you will not attempt to contact any User who has opted out of receiving messages through the Services from you.
- Failure to abide by the above requirements, or if Track Rabbit receives sufficient notice and complaint from Users regarding your use of the Services to send email, or you otherwise violate these Attendee Terms of Service, Track Rabbit reserves the right to suspend or limit access to the Services by you in addition to any legal recourse which may apply.
- Account Registration. In order to use the registration aspects 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 to the veracity of an account or account ownership, Track Rabbit reserves the right to mediate such dispute at its sole discretion, and any decision arising out of the execution of such right shall be final and binding on all involved.
- 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 Track Rabbit immediately to ensure the safety of our Users.
- Age Restrictions. To ensure the safety, security and privacy of children, you must be at least the legal age of majority where you reside to use the Services.
Content. Our Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
- By posting Content on or through the Services, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, 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.
- You retain any and all of your rights to any Content you submit, post or display on or through the Services 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. However, 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 through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
- Track Rabbit has the right but not the obligation to monitor and delete all Content provided by users that does not conform to these Terms of Service.
- In addition, Content found on or through this Service are the property of Track Rabbit or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Conduct – Community Guidelines. Track Rabbit is the ultimate source for HPDE events and connection with the world of motorsports. Our goal in creating these guidelines is to ensure that users have the optimal experience on our site, focused on delivering a smooth registration process and cultivating a healthy social environment. The following are some important guidelines for using Track Rabbit.
- Adult Content. We prohibit accounts that promote or distribute pornographic content.
- Nudity or Sexually Suggestive Content Involving Minors. Never post, save, or send nude or sexual content involving people under the age of 18 — even of yourself. This includes adding drawings or captions to a Snap to make it sexual, even as a joke.
- Illegal Content. Don’t use Track Rabbit for anything illegal. DON’T!
- Invasions of Privacy. Don’t use Track Rabbit to invade the privacy of others. This activity will be punishable by permanent ban and will be strictly enforced.
- Threats & Violence. Never threaten to harm a person, group of people, or property.
- Harassment & Bullying. We don’t tolerate bullying or harassment on Track Rabbit.
- Don’t pretend to be someone you are not — including your friends, celebrities, brands, or other organizations.
- Hate Speech. Don't post content that demeans, defames, or promotes discrimination based on race, ethnicity, national origin, religion, sexual orientation, gender, disability, or veteran status.
- We prohibit content that promotes terrorism.
- We have zero tolerance for spam.
- Facilitation or Participation in Gambling. Gambling, gaming, lotteries, raffles, contests, etc. are prohibited from Track Rabbit.
- Track Rabbit is not a platform for reselling tickets you have purchased as an Attendee.
- External Sales. You may not utilize the Services for event promotion only as an Organizer. Events promoted through the Services must utilize the Services for all registration as well.
- Data Collection. You may not use the Services to collect personal information from other Users, such as insurance or social security information, payment information, etc.
- In addition to harassment, you may not use the Services to stalk any User.
If you violate these guidelines, we may remove the offending content, terminate your account, or notify law enforcement. If your account is terminated for violating our Terms of Service or these guidelines, you may not use Track Rabbit again. While Track Rabbit will strive to ensure these guidelines are adhered to by all Users, 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 the Terms of Service shall be construed to express or imply such a waiver.
- Cross-Promotion. ALIVE offers a growing ecosystem of products and services to the motorsports and vehicle enthusiast community. Track Rabbit reserves the right, from time to time, to cross-promote these products and services through content on the Services to generate interest and facilitate their use. If you are interested in learning more, please visit http://andylallyalive.com or contact email@example.com.
- Adjustments to the Services. Track Rabbit 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. Track Rabbit is not responsible or liable for the impacts to you for such additions, modifications and/or removals, and does not guarantee or warrant the continued functionality of the Services as-is at the time you register an account. Because the fees Organizers pay to Track Rabbit are solely based on transactions and payment processing, no refunds shall be issued for fees already due to us at the time of an addition, modification, or removal of a feature.
- Third Parties. Track Rabbit is not responsible for third-party content that is posted or linked to the Services by Users. Track Rabbit will maintain a high level of care with regard to exercising the rights afforded in Section VIII.a.ix. and the guidelines provided in Section VIII.a.viii. as such rights and guidelines may pertain to third-party content posted by or linked to by Users. Additionally, Track Rabbit expressly is not responsible for the availability of third-party content, is not responsible or liable for any third-party content or links, and is 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 Track Rabbit profiles, event registration pages, partners, or service providers. In the event that you link your Track Rabbit account with a third-party account (e.g. social media), you acknowledge Track Rabbit’s 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 to your Track Rabbit account directly, in as much as such information (including personally identifiable information) is available through the Services.
Prohibitions - Merchants. You hereby represent and warrant that:
- 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”);
- 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”); or
- You are not prohibited from accessing, nor have had your merchant file terminated by any credit card scheme (a “Credit Prohibited Person”);
If you cannot represent and warrant any of V.a., b., or c., you are considered a Prohibited Merchant and not eligible to use the Services as they pertain to event organization and payment processing.
Prohibitions – Events. The following events (“Prohibited Events”) are prohibited from the Services, and you agree not to attempt to utilize the Services in connection with any type of event that:
- Violates or facilitates the violation of any law, rule or regulation;
- Would be prohibited by the rules, regulations and bylaws of any Payment Scheme;
- Would take place in a Prohibited Country; or
- Would violate the rules, regulations, and bylaws of any Payment Scheme;
- Is fraudulent or criminal in nature;
- Would constitute a restricted transaction as that term is defined under the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; or
- Would constitute the transfer of funds from one party to another, other than for the purchase of bona fide tickets or registrations to events, or items related to such events.
- Suspension or termination of your account(s)
- Alteration, editing, or removal of a Prohibited Event
- Blocking, reversing or refunding transaction(s)
- Putting an immediate hold on all funds and transactions associated to your account in accordance with applicable law
- Referral of you, your events, and/or your transactions and pertinent information thereto to our Payment Processor, credit card schemes or other payment schemes, and applicable law enforcement authorities for additional action
Term and Termination.
- These Attendee Terms of Service shall be effective upon your agreement hereto per SectionVI above and continue in perpetuity until terminated in accordance with this Section VII.
Except where otherwise agreed separately and in writing, in an agreement which specifically modifies or supersedes these Attendee Terms of Service, Track Rabbit may terminate your right to use the Services at any time for:
- Your violation or breach of these Attendee Terms of Service; or
- Your misuse or abuse of the Services, as determined by our sole discretion; or
- Your access to and use of the Services would violate any applicable local, state, national or other law, rule, or regulation, or would otherwise expose Track Rabbit to legal liability.
- Track Rabbit shall exercise reasonable efforts to provide Users with notice of any such termination. You further agree that Track Rabbit 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 these Terms of Service by deleting your Track Rabbit account.
- All provisions of these Attendee Terms of Service that by nature should survive termination shall 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.
As a party to these Attendee Terms of Service, you agree to indemnify and hold harmless Track Rabbit, ifs affiliates, subsidiaries, successors and assigns and each of their respective officers, directors, agents, licensors, payment processing partners, partners, employees from any and all damage, loss, liability, cost, and expense, including without limitation reasonable attorney’s and accounting fees resulting from any claim, demand, suit, proceeding, or investigation made by any third party (each of these a “Claim”), due to or arising out of:
- Your improper use of the Services;
- Your breach of applicable local, state, national or other law, rule, regulation, or the rights of any third party;
- Track Rabbit shall notify you of any such Claim, provided that the failure or delay by Track Rabbit in providing such notice shall not limit User obligations hereunder, except to the extent such User is materially disadvantaged by such failure.
Disclaimer of Warranties.
TRACK RABBIT PROVIDES THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE. IN DOING SO, TRACK RABBIT ATTEMPTS 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” AND “AS-AVAILABLE” BASIS, AND TRACK RABBIT EXPRESSLY DISCLAIMS 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, TRACK RABBIT MAKES NO WARRANTY THAT:
- THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
- YOU ACKNOWLEDGE AND AGREE THAT TRACK RABBIT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USER-GENERATED CONTENT OR LISTING OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION, AND TRACK RABBIT IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND TRACK RABBIT HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES.
- 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 LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN THE USER’S JURSIDICTION (IF ANY) SHALL APPLY TO THAT USER, AND TRACK RABBIT’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability.
- 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 TRACK RABBIT HAS BEEN NOTIFIED OF THE POTENTIAL OF SUCH DAMAGES);
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES;
- ANY MATTERS BEYOND TRACK RABBIT’S REASONABLE CONTROL.
- THE TOTAL AMOUNT OF ALL TICKETS OR REGISTRATIONS THAT YOU PUCHASED OR MADE THROUGH THE SERVICES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM; OR
- IF YOU MADE NO SUCH PURCHASE, ONE HUNDRED DOLLARS ($100.00 USD).
- 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 LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN A USER’S JURISDICTION (IF ANY) WILL APPLY TO THAT USER AND TRACK RABBIT’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Users hereby release Track Rabbit, its affiliates, subsidiaries, successors and assigns and each of their respective officers, directors, agents, licensors, payment processing partners, partners, employees from all damages (direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in 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.”
Trademarks, Patents and Copyrights.
- The trademarks, service marks, and logos of Track Rabbit (“Track Rabbit’s Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Track Rabbit. 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”; collectively with Track Rabbit’s Trademarks, the “Trademarks”). The offering 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 prior written consent of the applicable trademark or service mark owner. Trademarks may not be used to disparage any party, product, or service, or in any manner that may damage any goodwill in Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Track Rabbit and/or the applicable Trademark owner approves the establishment of such a link through prior written consent for each such link. Any and all goodwill generated from the use of any Track Rabbit Trademark shall inure to the benefit of Track Rabbit.
- Patents and patents pending may apply to the Services. The Content of the Services is also protected by copyrights owned by Track Rabbit and/or third parties. Please note that if you copy portions of the Services, you are in strict violation of such patents and copyrights.
- Notices to you may be sent via email to the address provided by you and retained by Track Rabbit for such use. Notices provided by any other means, including through the Services, are strictly a matter of convenience unless noted otherwise in writing.
- These Terms of Service, including the documents hereto incorporated by reference, constitute the entire agreement between you and Track Rabbit, and govern the use of the Services by you. These Terms of Service supersede any prior or contemporaneous agreement, unless specified in writing.
- 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 of 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 controvery 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 arbitration shall be Wilmington, DE. Delaware law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Waiver of Class Action.
- YOU AND TRACK RABBIT 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 OR AGREEMENT INCORPORATED 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 EXTEND NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.