Tracktivity LLC, Terms of Use
Effective Date: July 01, 2015
Tracktivity, LLC and the Tracktivity mobile Application ("Application") were created to connect motor racing and racers with race track activity at thousands of tracks, all in one place. The Application will provide users with motor racing venue discovery, race track technical parameters; it facilitates direct communication between the race tracks and fans, as well as an exchange of information between all users.

Please review these Terms carefully before using the Services or the Application. By using any of the Services or Application, you accept and acknowledge that the Services are hosted in the United States and that your use of the Services is subject to these Terms and the laws of the State of Texas.

1. Changes
We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.

2. Privacy Policy; Additional Terms
Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services and the Application, and you consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to your use of the Services and the Application. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service or Application, the additional terms will control.

Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

3. Registration and Access Controls
As a user of the Tracktivity Application, you will create an account through the Application. You must agree to these Terms and the associated Privacy Policy before you can finalize your account. Once your account has been created, you will need to confirm the account via e-mail.

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us at [email protected] immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.

4. Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Services ("Content") are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.

Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.

a. Viral Distribution
We may expressly authorize you to redistribute certain Content for personal, non- commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.

b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us via e- mail at [email protected].

5. Legal Complaints
At Tracktivity, LLC we take your rights seriously. If you have issues with any agreements between you and Tracktivity, LLC, the services, or the application provided by Tracktivity, LLC, please contact us immediately at [email protected], with LEGAL in the subject line. If you are having legal issues with another user, please contact us immediately via the e-mail address above with LEGAL in the subject line.

Additionally, we respect the intellectual property of others, and we ask you to do the same. If you or any user of this site or application believes its copyright, trademark or other property rights have been infringed by a posting on this site or application, you or the user should send notification to our Copyright Agent (as identified below) immediately. To be effective, the notification must include:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'

(b) Identification of the copyrighted work claimed to have been infringed;

(c) Information reasonably sufficient to permit us to contact the complaining
party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Copyright Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Please include the words LEGAL in the subject line of any notice sent to the Copyright Agent

Copyright Agent:
Tracktivity LLC
2800 Post Oak Blvd., Suite 4100 Houston, TX 77056
(832) 390 2271 [email protected]

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

6. User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to Tracktivity, LLC, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor
our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You represent and warrant that you have all rights necessary to grant to Tracktivity, LLC the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

7. Third-Party Content
We occasionally provide third party content or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties' actions or omissions. You should review third parties' terms of use and privacy policies before you use their services.

8. Fee-Based Services
The Tracktivity Application is free for users and users shall not be subject to payment for use of the application.

9. Ticket Purchases
The Tracktivity Application is also a portal for making ticket purchases for race venues across the United States. Tracktivity acts as a marketplace to purchase your tickets, however, all ticket types, quantity, and refund policies are subject to the selected Venue policy. Please check all ticketing and refund information based on the Venue you choose, as Tracktivity is not liable for refunds once tickets have been purchased.

All ticket purchases shall be valid for the specific venue chosen, and there shall be no transfer of tickets to a different venue. Further, you must be registered user of the Application in order to make ticket purchases through the Application. All credit card processing shall be handled by a third party payment processor.
If you have any questions regarding ticket purchases please feel free to contact us at [email protected].

10. Acceptable Use
The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.

Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:

  • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
  • Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
  • Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Tracktivity, LLC Parties and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
  • Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  • Transmit files that contain viruses, spyware, adware, or other harmful code;
  • Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
  • Interfere with others using the Services or otherwise disrupt the Services;
  • Transmit, collect, or access personally identifiable information about other users without the consent of those users and Tracktivity, LLC;
  • Engage in unauthorized spidering, "scraping," or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
  • Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user's account or information, or allow anyone else to use your account or access credentials.
11. Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

  • Restrict or terminate your access to the Services;
  • Change or discontinue the Services;
  • Deactivate your accounts and delete all related information and files in your accounts;
  • Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.

If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.

Sections 6 and 11-16 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.

12. Indemnification
You will defend, indemnify, and hold harmless Tracktivity, LLC, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the "Tracktivity, LLC Parties") with respect to all claims, costs (including attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). Tracktivity, LLC retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without Tracktivity, LLC's prior written approval.

13. Disclaimers; Limitation of Liability
THE TRACKTIVITY, LLC PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES' FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE TRACKTIVITY, LLC PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

THE TRACKTIVITY, LLC PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE TRACKTIVITY, LLC PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE TRACKTIVITY, LLC PARTIES' LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO TRACKTIVITY, LLC IN THE THREE MONTHS PRECEDING THE CLAIM.

ALL TICKET PURCHASES MADE THROUGH THE APPLICATION ARE SUBJECT TO THE RULES AND REGULATIONS OF THE SPECIFIC VENUE, TRACKTIVITY SHALL NOT BE LIABLE FOR ANY DAMAGES THAT ARISE FROM YOUR PURCHASE. ALL TICKETS ARE PROVIDED "AS-IS" AND TRACKTIVITY SHALL HAVE NO LIABILITY FOR MISSED OR CANCELLED EVENTS. IN THE EVENT A RACE IS CANCELLED, ALL REFUNDS AND OTHER ISSUES SHOULD BE HANDLED THROUGH THE RACE VENUE.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE TRACKTIVITY, LLC PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE TRACKTIVITY, LLC PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

14. Storage of Information
All user information shall be stored on virtual servers via the Amazon S3 cloud service. Only Tracktivity, LLC employees and contractors will have access to this information. All employees and contractors are subject confidentiality agreements. Analytics and usage information may be shared with third parties, but no personal information shall ever be shared. Tracktivity, LLC shall not be liable for any user information that is lost as a result of the server. Furthermore, Tracktivity, LLC and the Amazon servers shall not be used as an emergency storage system for users.

15. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Texas, except Texas' conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Houston, Texas. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

16. Arbitration
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Houston, Texas. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

17. Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.


Tracktivity LLC, Application End User License Agreement
Effective Date: July 01, 2015
THE APPLICATION (AS DEFINED BELOW) YOU ARE DOWNLOADING OR HAVE DOWNLOADED HAS BEEN PROVIDED BY TRACKTIVITY LLC OR ITS AFFILIATES OR LICENSORS (COLLECTIVELY, "we"). BY INSTALLING OR USING ALL OR ANY PORTION OF THE APPLICATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT"). UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE APPLICATION AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION. ACCORDINGLY, YOU AND TRACKTIVITY, LLC AGREE TO THE FOLLOWING:

The "Application" consists of: (a) the Tracktivity, LLC mobile and web application, including all content, information, data, designs, code, and materials associated with the application and all derivative works of the foregoing ("Content"); and (b) any files that are delivered to you by Tracktivity, LLC (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the Tracktivity, LLC mobile application. The Application is the copyrighted work of Tracktivity, LLC and may contain trademarks, service marks, trade names, and other intellectual property of Tracktivity, LLC.

If you are accessing the Application via a distribution channel ("Distribution Channel"), such as the Apple App Store or the Android Marketplace, you and Tracktivity, LLC acknowledge that this Agreement is entered into between you and Tracktivity, LLC, that the Distribution Channel is not a party to this Agreement, that Tracktivity, LLC and its licensors are solely responsible for the Application and the Content, and that the Distribution Channel will not provide you any support and maintenance for the Application.

The Application is also subject to Tracktivity, LLC's Terms of Use ("Tracktivity Terms"), and Tracktivity LLC's Privacy Policy, which are incorporated into this Agreement by this reference. There may also be additional terms that Tracktivity, LLC presents to you in connection with the Application, for example, at the time of download, that also govern your use of the Application or the Content ("Additional Terms"). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.

THE APPLICATION MAY USE LOCATION-BASED SERVICES TO LOCATE YOU. IF YOU CHOOSE TO USE THE APPLICATION, YOU CONSENT TO TRACKTIVITY, LLC AND ITS THIRD PARTY PROVIDERS DETERMINING YOUR LOCATION. THE LOCATION-BASED SERVICES FEATURES ARE FOR INDIVIDUAL USE ONLY AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER SITUATION IN WHICH THE FAILURE OR INACCURACY OF THE LOCATION-BASED SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR

1. Changes to Terms
Tracktivity, LLC may make changes to this Agreement from time to time and Tracktivity, LLC will post a copy of the updated Agreement at the Tracktivity, LLC website that will be applicable to installation or continued use after the effective date of the update. You acknowledge and agree that if you install or use the Application after the date on which the Agreement has changed, Tracktivity, LLC will treat your installation or continued use as acceptance of the updated Agreement on a going- forward basis. If any future changes to this Agreement or the Tracktivity Terms or any applicable Additional Terms are unacceptable to you or cause you to no longer be in compliance with this Agreement, you should terminate your use of the Application as provided in Section 9. You acknowledge and agree that Tracktivity, LLC may completely modify, suspend, or discontinue the Application or the Content at its sole discretion and with or without notice to you. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we modify, suspend or discontinue the Application, the Application may not work as it did prior to such action, and Tracktivity, LLC will have no liability to you or any third party as a result.

You agree that Tracktivity, LLC may also impose limits on certain features or restrict your access to part or all of the Application or Content without notice or liability to you. Tracktivity, LLC may add additional features to the Application or Content that requires payment, convert existing features of the Application or Content to paid services, or change the existing payment structure for the Application or Content. You agree that free access to all or a portion of the Application or Content at a point in time does not give you a right to continued free access to any or all of the Application or Content. You have no interest, monetary or otherwise, in any feature or content contained in the Application or Content.

2. Fees and Payment
If you are obtaining the Application from a Distribution Channel, your purchase, if the application is paid, and any subscription, if the Application or its Content requires a subscription, will be subject to the terms of the Distribution Channel. In some cases, the Distribution Channel may set pricing or renewal terms, but Tracktivity, LLC may have no control over these terms, and you should always contact the Distribution Channel to determine whether any subscriptions are subject to auto-renewal and the pricing at which subscriptions may renew.

Tracktivity, LLC or the Distribution Channel may change pricing for the Application or Content. We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.

Tracktivity, LLC has set up a program within the Application to purchase tickets to specific racing events. All purchases made through the Application are subject to the refund and ticketing policies of the venue for which you are purchasing tickets. If you have any questions regarding Tracktivity, LLC's ticketing procedure, please feel free to contact us at [email protected].

3. Ownership
You acknowledge and agree that Tracktivity, LLC has all right, title, and interest in and to the Application, including all Content served through the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Tracktivity, LLC reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.

We reserve all rights to the Application and Content, other than the limited license in Section 4. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Application or Content without our permission. You also may not transfer, resell, or sublicense this limited right to use the Application.

You will not:

A. in whole or in part, copy, photocopy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the
Application, except to the extent required by applicable law;

B. install or use the Application on a computer or other device that is primarily used as a file server;

C. remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application;

D. use any unauthorized third-party software that intercepts, "mines," or otherwise collects information from or through the Application, unless authorized by Tracktivity, LLC in its sole discretion;

E. sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another user's computer except as permitted hereunder;

F. intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or Tracktivity, LLC's or its vendors' servers or other infrastructure; or

G. facilitate, create, or maintain any unauthorized connection to the Application, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, Tracktivity, LLC's or its vendors' servers; and (b) any connection using programs or tools not approved by Tracktivity, LLC in its sole discretion.

4. Grant of a Limited Use License
Subject to your compliance with the Tracktivity Terms and this Agreement, Tracktivity, LLC hereby grants, and you hereby accept, a limited, non-exclusive license to:(a) install the Application on one mobile device or desktop computer owned by you or under your legitimate control; and (b) engage in non-commercial use of the Application. All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

5. Use of the Application
When you use the Application, you may connect to Tracktivity, LLC's or its vendors' servers. Your communication with Tracktivity, LLC properties is governed by the Tracktivity, LLC Privacy Policy, available at the Tracktivity, LLC website.

As part of the Application, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to you outside or inside the Application (collectively, "Push Messages"). You may control the Push Messages in your device's or the Application's settings. Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device's or the Application's settings or by deleting the Application. We may collect information related to your use of Push Messages. If you have registered for Push Messages, you agree to notify Tracktivity, LLC of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change.

The Application may allow you to access and interoperate with third party properties, software applications, and data services (collectively, "Third Party Properties"). Tracktivity, LLC has no control over any Third Party Properties you may connect to using the Application and is not responsible for the practices of any third party. You acknowledge and agree that Tracktivity, LLC is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Properties. You acknowledge that the Application may check for updates to the Application that may be available to you.

6. Warranty Disclaimer
TRACKTIVITY, LLC DOES NOT WARRANT: (1) THAT THE APPLICATION'S FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. TRACKTIVITY, LLC AND THE DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APPLICATION, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.

The Distribution Channel will not be responsible for addressing the following: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions on those issues, you should contact us at the address below. The Distribution Channel will also not be responsible for investigation, defense, settlement and discharge of any intellectual property infringement claim.

7. Limitation of Liability/Release of Claims
TRACKTIVITY, LLC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE APPLICATION, EVEN IF FORESEEABLE OR EVEN IF TRACKTIVITY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. TRACKTIVITY, LLC'S LIABILITY IN CONNECTION WITH THE APPLICATION FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR PURCHASE OF THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF TRACKTIVITY, LLC'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY TRACKTIVITY, LLC, INCLUDING WITHOUT LIMITATION THE APPLICATION.

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. CALIFORNIA CIVIL CODE §1542 STATES: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.

8. Indemnity
You will indemnify, defend, and hold Tracktivity, LLC and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "Tracktivity, LLC Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the Tracktivity, LLC Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to Tracktivity, LLC's or its vendors' servers; your violation of this Agreement; or your violation of the rights of any other person or entity. Tracktivity, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Tracktivity, LLC, and you will cooperate with Tracktivity, LLC's defense of these claims.

9. Termination
This Agreement is effective until terminated. You may terminate the Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Content. Tracktivity, LLC may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted in Section 4 will immediately terminate. The provisions in Sections 1, 2, 3, 5, 6, 7, 8, 11, 12, and 13 will survive any termination.

10. Export Controls
You will not ship, transfer, or export the Application or Content into any country or use the Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, "Export Laws"). In addition, if the Application or Content is identified as export- controlled under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation or a nation that has been designated by the U.S. government as a "terrorist supporting" country and that you are not otherwise prohibited under the Export Laws from receiving the Application or Content.

11. Governing Law, Venue, and Jurisdiction
This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the State of Texas, except Texas' conflict of law rules. This Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Houston, Texas. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

12. Arbitration
We may elect to resolve any controversy or claim arising out of or relating to this Agreement or the Application by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Houston, Texas. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

13. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with the Tracktivity, LLC Terms and any Additional Terms. To the extent that the provisions of this Agreement conflict with the Tracktivity, LLC Terms, this Agreement will govern. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You acknowledge and agree that the Distribution Channel is an intended third party beneficiary of the Agreement and will have the right to enforce this Agreement against you.

14. Contact Information
You may contact Tracktivity, LLC at:
Tracktivity, LLC
2800 Post Oak Blvd., Suite 4100, Houston, TX 77056

If you have any questions, claims, or complaints, you should notify us using the Contact Us Link on this site. You hereby acknowledge that you have read and understood this Agreement and agree that by clicking "Accept" or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.

Tracktivity LLC, Privacy Policy
Effective Date: July 01, 2015
This Privacy Policy discloses the privacy practices for the www.tracktivity.com site, the Tracktivity mobile application ("Application") and various related services (together referred to as the "services"). Tracktivity LLC, the provider of the site and the application (referred to as "us" or "we"), is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of this site.
You acknowledge that this Privacy Policy is part of our Site Terms of Use, and by accessing or using our site and application, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this site and application.
We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an E-mail to the E-mail address listed by registered users and posting the revised Policy on this page and the application. You acknowledge and agree that it is your responsibility to maintain a valid E-mail address as a registered user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the site or application after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

1. Types of Information Collected
In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.

In compliance with the U.S. Children's Online Privacy Protection Act (COPPA), our services and products are not directed to users under 18 years of age unless accessed under the careful supervision and consent of a parent or legal guardian. Any use by someone under this age is strictly prohibited and will be terminated immediately upon discovery. Further, any personally identifiable information provided by someone under 13 or that identifies someone under this age, will be deleted immediately upon discovery if in violation of this restriction.

Personally Identifiable Information: This refers to information that lets us know the
specifics of who you are. When you engage in certain activities on this site or in the application, such as registering for a membership, ordering a product or service, submitting content and/or posting content in discussion forums, conversations, posting areas or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip/postal code), E-mail address, user name, password, mobile phone number, date of birth, favorite race track, active racer information, if applicable, Facebook and Twitter information. Additionally, if you opt to make ticket purchases through the Application, you will need to submit payment information, which will be forwarded to our third party payment processor. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet. Additionally, the application shall also gather geo-location of the user accessing the services, the type of mobile device used to access the application, the types of activities performed with the application, and length of use of the application.

2. Collection Methods and Use of Information
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your E-mail address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send E-mail messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on
our site. We may also collect information from you at other points on our site that state that such information is being collected.

In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at our site or application.

We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our site and application, fill orders, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site and application's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use, and this Privacy Policy.

3. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our sites and applications, and to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.

We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a
court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

4. Updating and Correcting Information
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online, or in the application, at any time by linking to your account in accordance with instructions posted elsewhere on this site and application. You may also access and correct your personal information and privacy preferences by sending an e-mail to us at [email protected]. Please include your name, address, and/or E-mail address when you contact us.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information because of backups.

5. User Choices on Collection and Use of Information
We may, from time to time, send you E-mail regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Tracktivity, LLC (or agents working on behalf of Tracktivity, LLC and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.

6. Security of Information
At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Tracktivity, LLC personnel and contractors have access to via password. We encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside www.tracktivity.com and the Application you will not be asked to select a password in order to view or modify such information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

7. Cookies
When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

We may use an outside ad serving company to display advertisements on our site and application. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Additionally, within the application, we will collect your geo-location information and the type of mobile device you accessing the application from. Other advertisers may also place ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.

8. Google Analytics
Google Analytics is a program used to track visitors to this Site, and it primarily helps measure how users interact with the Site content. Google Analytics stores information about what pages you visit, how long you are on the Site, how you got here and what links you click on. This analytics data is collected via a JavaScript tag in the pages of this Site and is not tied in any way to any Personally Identifiable Information.

The information generated about your use of the Site including your IP address is transmitted to Google. The information is then used to evaluate visitor interactions with this Site and to compile reports on website traffic activity for www.tracktivity.com. Neither Tracktivity, LLC nor Google will ever link or seek to link Personally Identifiable Information provided by you to the Site to the data collected by Google Analytics.

If you would like to opt out of Google Analytics, Google has developed a tool that works with major internet browsers to permit you to opt-out. For more information and to install their opt-out tool, please click here: https://tools.google.com/dlpage/gaoptout.

9. Privacy Policies of Third Party Sites
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties, including those practices adopted by the specific venue regarding tickets and refunds. Additionally, other companies which place advertising on our site and application may collect information about you when you view or click on their advertising through the use of cookies or through polling mobile device technical information. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

10. Miscellaneous Privacy Issues
You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

At www.tracktivity.com, we DO NOT respond to Do Not Track signals.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, E-mail address, etc.) in the discussion forums, posts, conversations or other public areas on this site and application, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you're online.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending an e-mail to [email protected].

Tracktivity LLC, Ticketing Service Agreement
Effective Date: July 01, 2015
BY CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, OUR TERMS OF USE AND PRIVACY POLICY, EACH HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, WE WILL PROMPTLY CANCEL THIS TRANSACTION AND YOU WILL NOT HAVE ACCESS TO OUR SERVICES (AS DEFINED BELOW).

This TICKETING SERVICES AGREEMENT (the "Agreement") is made by and between Tracktivity LLC, a Wyoming limited liability company (the "Tracktivity") and you, a person, organization or other entity (the "Client" or "you" and, collectively, a "Party" or "Parties").
WHEREAS, Tracktivity is in the business of providing a platform and services for ticket sales allowing the ticket holder or purchaser (each, a "Patron") attendance at, access to, or participation in, motor racing events (each, an "Event"), and

WHEREAS, the Client, as an Event organizer, is authorized to provide access to such Events and desires to obtain the services of Tracktivity, in accordance with the terms, conditions and covenants set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Tracktivity and the Client do hereby agree as follows:

1. OUR SERVICES AND RESPONSIBILITIES
Tracktivity shall provide the following services ("Services") under this Agreement: (i) display and list Client's Events in Tracktivity's mobile applications and web pages ("Applications"); (ii) allow Patrons to purchase tickets to Events through our Applications, and also forward links to such Events in the form of "event landing pages" to Patron's network (as well as post through social media applications), allowing others to follow the link to purchase tickets to such Events; (iii) accept and process on-line orders for tickets to Client's Events and process credit cards to said Events on Client's behalf; (iv) store in Tracktivity Applications and send to Patrons electronic tickets that list all relevant Events information that the Client provided Tracktivity with; and (v) provide online analytics on tickets sold by Tracktivity. Payments through our Application are processed with a credit card processor of our choice (the "Payment Processor").

2. FEES AND CHARGES
The processing of payments by ticket purchasers through our Application requires the use of a Payment Processor. For the Client to receive the payments, the Client needs to use a Merchant Account connected to our Payment Processor. Tracktivity will collect all payments, deduct Tracktivity fees and then send the rest of the funds from each transaction to the Client's Merchant Account via our Payment Processor. Tracktivity charges a per-ticket fee

("Fees"), as stated in this Agreement and in our pricing policy which can be found at https://public.tracktivity.com/venues/ and is incorporated herein by reference. We reserve the right to change our pricing policy at any time. We will deduct Tracktivity fees from Client's booking revenue at any time after the time of sale.
With respect to Payment Processor fees, if requested by the Client, Tracktivity will collect such fees on Client's behalf from each purchasing Patron. All Fees and any other monies contemplated by this Agreement are payable in United States Dollars.

3. REFUNDS
It is Client's responsibility to communicate Client's refund policy to all Patrons. All communications or disputes regarding refunds are between the Client and the Patron, and Tracktivity will not be liable for any decision to issue or not issue refunds in the course of the use of our Services. If a Patron desires to request a refund, the Patron must request the refund directly from the Client. Client shall ensure that its refund policy is consistent with the terms of this Agreement, and all applicable legal, regulatory and other governmental requirements.

The Client can utilize Tracktivity to process any refund and we will use commercially reasonable efforts to process refunds issued and requested to be issued by the Client in a timely manner after the Client has authorized the issuance of such refunds, but not until sufficient funds for the refund have been made available by the Client in Client's Merchant Account connected to our Payment Processor.

Client's terms of service shall apply in the case of a cancelled or rescheduled event. If an Event is cancelled or rescheduled, the Client will have the option to use Tracktivity Services to return a refund to each Patron. Client will first be required to deposit the refunds for such cancelled or rescheduled Event into the Client's Merchant Account. Tracktivity shall not, however, return the Tracktivity Fees already collected in connection with such canceled or rescheduled Event, and it will be Client's sole responsibility to cover such Fees when returning refunds to Patrons in full.

Notwithstanding the foregoing, Client acknowledges and agrees that, to protect Tracktivity's reputation and the integrity of our Application, Tracktivity shall have the right, but not the obligation, to force or provide a refund to Patrons of any or all amounts paid for tickets at any time at its sole discretion, for any reason or no reason, including without limitation if Tracktivity receives complaints from a substantial number of Patrons with respect to the Client or the applicable Event, or Tracktivity determines that the Client has engaged in any fraudulent activity or made any misrepresentations. Tracktivity shall have no liability whatsoever to a Client in connection with or arising from any such decision to force or provide refunds to Patrons.

Any credit card chargebacks (including chargebacks in connection with any other payment method accepted through our Application) initiated by a Patron for any reason with respect to an Event shall be charged back to the Client. Tracktivity in its sole discretion shall either (i) deduct these costs from such Client's outstanding balance, whether for that particular Event or for any other Event that such Client lists through the Services; or (ii) send an invoice to the Client for such costs if no balance exists. If payment for such invoice is not received by Tracktivity within thirty (30) days after the invoice date, Tracktivity reserves the right, at

Tracktivity's sole discretion, to terminate this Agreement and to cancel all other Events listed by the Client as provided herein. Tracktivity shall have no liability whatsoever for any damages, claims or losses incurred by a Client in connection with any such termination or cancellation. All communications and disputes regarding chargebacks are between the Client and Patron, and Tracktivity will not be responsible or liable in any way for chargebacks issued in the course of the use of our Services.

Upon receipt of a credit card authorization from each individual ticket purchaser, Tracktivity generates a digital ticket, confirmation message and issues a unique confirmation number. Client agrees to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by Tracktivity through the Services (and not returned or voided), and it is Client's responsibility to verify the applicable Patron's ticket and/or any Event restrictions prior to the subject Event. If we learn that Client is not honoring our ticketing commitments, we reserve the right, in our sole discretion, to terminate this Agreement without liability or further obligation.
In the event that Client does not pay to Tracktivity upon request any amount required to paid by Client under this Agreement, Tracktivity shall be entitled to recover from Client, in addition to any amounts otherwise owing, its reasonable costs of collection, including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.

4. TAXES; WITHHOLDING
Client is responsible for (and will indemnify and hold harmless Tracktivity against) all taxes or other governmental charges associated with Client's Event or Client's sale of tickets through our Services (excepting taxes based on Tracktivity's net income). For example, certain U.S. States may charge an amusement or other tax on certain types of Events. It is Client's responsibility to know if any applicable laws apply to Client and to adjust the ticket price accordingly to account for Client's payment of these taxes.

If Tracktivity determines that it is required to collect or pay any such taxes or other charges, it may deduct such amounts from any balance payable to Client under this Agreement or else invoice Client for such taxes or other charges. Tracktivity reserves the right to withhold the payment of any amounts owed to Client hereunder if we suspect or determine that such amounts have been generated in (i) a fraudulent manner, (ii) violation of this Agreement or the our terms of service, or (iii) violation of any applicable laws or regulations (foreign or domestic).

5. EVENT RESTRICTIONS
When submitting Client's Event to Tracktivity to be listed on our platform, it is Client's responsibility to provide to us any event restrictions associated with said Event. Any Event that requires a restriction for admission must be clearly stated by Client upon submission to us. It is Client's responsibility to ensure that said restriction is lawful and does not violate any federal, state, or local laws, or any applicable foreign laws, prior to submitting the Event to us. It is also Client's responsibility to verify that all Patrons can be admitted to Client's Event.

6. ACCESS
Client understands and agrees that our Application may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which we may undertake from time-to-time; or (iii) causes beyond our reasonable control or which are not reasonably foreseeable by us, such acts of government or the malicious or criminal acts of third parties.

7. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants as follows:

(i) It is a duly formed and validly existing corporation, limited liability company or partnership, as the case may be, under the laws of its place of incorporation or formation;

(ii) The execution, delivery and performance by it of this Agreement (a) have been duly authorized by all necessary corporate or partnership action, as the case may be, (b) do not contravene any material provision of any material agreement or other instrument to which it is a party, or by which it or any of its properties is bound and (c) do not and will not conflict with, result in a breach of or constitute (with notice or the lapse of time or both), a default under any such agreement or other instrument; and

(iii) This Agreement has been duly authorized, executed and delivered by it and constitutes its legal, valid and binding obligation, except insofar as enforcement may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally or by moratorium laws from time to time in effect or general equitable principles.

Client represents and warrants as follows:

(i) It is a promoter, owner or manager of the Event and has fully documented and signed arrangements in place for the use of the venue and all other arrangements in connection with the Event;

(ii) It has the authority and right to offer, sell, and honor the tickets to the Event sold on our Application;

(iii) It has all necessary permits and permissions to conduct the Event;

(iv) The Event itself and any material or content provided by Client to us for use on our Application is/are not (and does not contain, promote, or link to material or content that is) defamatory, grossly offensive, harassing, malicious, illegal, or otherwise objectionable, and do not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of
privacy and/or publicity, whether by statute or common law; and

(v) The Event and the sale of tickets to the Event does not constitute a violation of any federal, state, and/or local law.

8. MISREPRESENTATION OF EVENT
The Event must be accurately and truthfully described when a Client submits the Event listing to Tracktivity to be posted on our Application. If we discover and determine, in our sole discretion, that Client misrepresented the Event, we will cancel the Event and may issue a refund to ticket purchasers (net of any Fees) as provided in this Agreement. If we determine that Client repeatedly engages in the conduct described in this paragraph, this Agreement will be terminated and any other Events submitted by Client will be cancelled pursuant to this Agreement and Tracktivity reserves the right to take other actions or pursue additional remedies as permitted by law.

9. TECHNICAL SUPPORT
Tracktivity will provide technical and other customer support to Client by which Client can obtain technical assistance in dealing with any difficulties, which may arise in connection with Client's use of our Application. Client can access support at http://support.tracktivity.com, or submit a support request to [email protected]. We attempt to provide such support in a timely manner, but make no guarantees that we will respond to Client's inquiry by a particular time. Each Client shall have their own assigned point of contact, the Tracktivity Regional Coordinator, whom shall act as the primary support for each Client; and shall be available via phone, e-mail and Facebook.

10. CONFIDENTIALITY AND NON-DISCLOSURE
Client understands and acknowledges that Tracktivity is the owner of valuable trade secrets and confidential, non-public, and proprietary information (collectively "Confidential Information") and acknowledges that the services which we perform involve the furnishing of Confidential Information to Client including, but not limited to: (i) customer names, mailing addresses, and other personally-identifiable information; (ii) sales; (iii) market demographics; (iv) pricing; and (v) business strategy, and that the goodwill and competitive position of Tracktivity depend, in part, upon Client keeping such Confidential Information confidential. Client agrees to use its best efforts to protect our Confidential Information and to implement security measures to keep said Confidential Information confidential. Except pursuant to court order or the prior written consent of us, Client agree that it shall not disclose, distribute, sell, license, transmit, or disseminate any Confidential Information to any other party or permit or cause any unauthorized party to disclose, examine, and/or reproduce any reports, documents, transmissions, or data containing Confidential Information prepared or owned by us. If Client is requested or required to disclose Confidential Information pursuant to legal proceedings, Client shall promptly notify us so that we may prepare a response to said legal proceedings and Client shall cooperate with our efforts to obtain a suitable protective order.

11. PROMOTION OF EVENT
Client shall use reasonable efforts to create, produce, and distribute marketing and promotional materials, and/or otherwise create marketing and promotional campaigns, which state that tickets to Client's Event shall be available for sale at in Tracktivity's mobile application or website.

12. RELATIONSHIP OF PARTIES
Except as expressly set forth in this Agreement, (a) no Party is an agent, employee, contractor, vendor, representative or partner of any other Party, (b) no Party shall hold itself out as such to third parties, and (c) no Party is capable of binding any other Party to any obligation or liability, in each case (a), (b) and (c) without the prior written consent of the other Parties.

13. TERM AND TERMINATION
Except as provided elsewhere in this Agreement, either party may terminate this Agreement at any time upon seven (7) business days notice to the other as provided in the paragraph titled "Notices". If You terminate this Agreement after you have submitted your Event to us, such Event shall be removed from our Services as provided in this Agreement.

14. REFERENCES
Client grants us a limited, worldwide, royalty-free license to reproduce and use Client's company or organizational name, logos and trademarks (and to authorize our service providers and media outlets to do so) in advertising or promotional materials, in any and all media (including print and Internet), whether now or hereafter existing, for the purpose of referring to you as a Tracktivity customer and/or describing our services for you.