Welcome to Trackster. These Terms of Service, including our Privacy Policy (collectively, “Terms”) apply to your access to and use of the website, available at www.tracksterapp.com (“Website”), related mobile applications, digital coaching marketplace (“Coaching Marketplace”), and any other services or materials (collectively, “Services”) provided by Trackster, INC., and its affiliates, successors and assigns ("Company," “we,” “our,” or “us”). The Terms are applicable to everyone who accesses the Services (“you,” “your,” “User,” and “Users”), including individuals who register with the Services, non-registered individuals, and independent providers of athletic coaching services (“Coaches”) who sell such services on the Coaching Marketplace. Additional Terms for Users of the Coaching Marketplace are located at the end of this document. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 18, DO NOT ACCESS OR USE OUR SERVICES. If you have questions about the Terms or any of our policies, please contact us by email at team+terms@tracksterapp.com.
The Company, in its sole discretion, may revise and update the Terms of Service from time to time. All changes are effective immediately when they are posted, and apply to all access to and use of the Services thereafter. Any revision or update to these Terms of Service will be accompanied by a change in the “Effective Date” at the top of this page. We will additionally notify registered Users by email with a link to the updated Terms of Service. You will be deemed to have accepted these Terms of Service, as updated, if you continue to use the Services after you receive such notice.
By accessing the Services, you represent and warrant that you are fully able and competent to enter into and comply with the Terms, and that you (i) are at least 18 years old or at least 13 years old and have your parent or guardian’s consent to the Terms on your behalf; (ii) can form legally binding contracts with us; and (iii) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services. If you do not meet all of these requirements, you must not access or use the Services. We may change our eligibility criteria at any time, and reserve the right, but are not obligated, to further limit access to the Services to any person, entity, geographic region, or jurisdiction.
You agree that we may share information about you with other Users, and with authorized third-parties (including without limitation Stripe, LogARun, Garmin, COROS, Suunto, Polar, & Apple Watch) to provide the Services, process payments, fraud prevention, and payment card authorizations. You agree that your profile and other information will be made available for Users to access, that other Users may communicate directly with you through the Services. You agree that your Contact information may be used to recommend friends and related users on the Trackster platform. Your Contact information will never be shared by the Services to a third-party data source. Your Contact information will never be shared with other users on the Services.. Our Privacy Policy, details how we collect and use your information.
To access or use certain areas or features of our Services, you will need to register for a Company account. Account registration requires you to submit to us certain personal information, such as your first and last name, e-mail address, and password. To use certain Services, you may be required to provide valid payment card billing information. By registering for an account, you agree to (i) provide accurate, truthful, current, and complete information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer, and device; (iv) promptly notify Company if you discover or otherwise suspect any security breaches related to our Services or your account at team@tracksterapp.com; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. European Union: If you are using the Service from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By registering with us, you consent to such transfers.
By creating a Company account, you consent to receive email communications from the Company. These communications may include notices regarding your account or the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services. We may also send you via email, periodic promotions and other offers or materials that we believe might be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe link provided in the message footer. By connecting with other Users, you may receive electronic communications, including messages from them. You may receive notification of these messages via the Services, and depending on your preferences, as a push notification.
The Services may contain links to third-party websites or resources. We are not responsible or liable for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply our endorsement of them. You assume all risk arising from your use of any such websites or resources. You may have the option to connect the Services with an existing third-party account including, without limitation, LogARun, COROS, Suunto, Polar, Garmin and Apple Watch (each a "Third-Party Account"). By connecting with Third-Party Accounts, you consent to the continuous release of information about you to such Third-Party Accounts via the Services (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature. You can disable the connection between your Company account and any Third-Party Accounts by accessing the "Settings" section of the Services. Your relationships with third-party providers are governed solely by your agreements with those providers. BY USING THE SERVICES, YOU EXPRESSLY RELEASE AND HOLD HARMLESS COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITES OR THIRD-PARTY ACCOUNTS.
We may offer features that are based on the location of users and which may report on those users’ current locations ("Location-Based Services"). The use of Location-Based Services is solely at your discretion. Should you use Location-Based Services including via any connected Third-Party Accounts, you consent to the collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to disseminate your location information together with your profile information through the Services.
We do not verify any qualifications of any User nor do we adopt, endorse, or accept responsibility for the accuracy or reliability of any information you receive from such Users. With respect to Coaches, we retain the discretion to conduct identity checks at any time. We expressly disclaim all liability for the conduct, statements, training plans, information, and advice of any Users. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on such User information. You are solely responsible for ensuring that any information received from another User is accurate, complete and useful.
Company Content. Except as otherwise provided herein, the Services and all content appearing therein are the exclusive property of Company or our licensors and are protected by copyright, trademark, patent, trade secret, and other applicable laws. All trademarks, service marks, and trade names that appear on the Services and the overall "look and feel" of the Services (collectively the "Marks") are proprietary to Company, or the respective owners of such Marks (collectively, "Company Content"). You may not display, reproduce, or otherwise use Company Content, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited. Subject to your compliance with these Terms and applicable law, you may access and use the Services and the Company Content (excluding software code). We remain the sole owner of all right, title, and interest in the Services and Company Content. We reserve all rights not granted under these Terms. In addition, any content that we provide to you is licensed on a personal, revocable, non-sublicensable, non-assignable and non-exclusive basis, not sold to you. You will not use, copy, adapt, modify, hack, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and
You acknowledge and agree that if you contribute any content to the Services including, without limitation, through (i) personal communications, including commentary, with other Users through the Services, including available internal communication tools, (ii) uploading any photographs or other digital content, (iii) sharing of any personal information in a User profile, or (iv) any other content you contribute to the Services ("User Content"), you hereby do and shall grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote the Services and our business. You retain all rights in your User Content, subject to the rights granted to Company in this Agreement. We do not want to receive confidential, proprietary or trade secret information through the Services. Any information, materials, suggestions, ideas, or comments sent to us (excluding private profile and security information) will be deemed non-confidential, and we may use that information for any purpose including, but not limited to, developing, manufacturing, and marketing products. By submitting any such information, you grant us an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free license that will survive termination of these Terms. By accessing the Services, you agree that you will not contribute any content or otherwise use the Services in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; (vi) contains a virus or other harmful computer code, file, or program; (vii) uses any manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Services; or (viii) attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN COMMUNICATING OR INTERACTING WITH OTHER USERS, MEETING IN PERSON, SENDING MONEY TO ANOTHER USER OR OTHERWISE SHARING PERSONAL INFORMATION. YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS. COMPANY DOES NOT CONTROL, ENDORSE, HAVE ANY ASSOCIATION WITH, TAKE ANY RESPONSIBILITY FOR OR OTHERWISE MAKE ANY CLAIMS, REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING, THE ACCURACY OR QUALITY OF ANY CONTENT, SERVICES, OR PRODUCTS OFFERED BY ANY USER, OR ANY USER’S PERFORMANCE, SKILLS, OR ATHLETIC ABILITIES, THE CONDUCT OF ANY USER, OR A USER’S COMPLIANCE WITH RELEVANT LAWS OR REGULATIONS, AND COMPANY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY CANNOT AND DOES NOT MAKE ANY GUARANTEES OF THE CREDENTIALS, CREDIT WORTHINESS, HONESTY, OR BEHAVIOR OF ANY OF THE USERS OF OUR SERVICES. COMPANY IS NOT, AND SHALL NOT BE CONSTRUED AS, A PARTY TO TRANSACTIONS BETWEEN USERS, INCLUDING FOR COACHING SERVICES PURCHASED IN THE COACHING MARKETPLACE, WHETHER OR NOT COMPANY RECEIVES SOME FORM OF REMUNERATION IN CONNECTION WITH THE TRANSACTION, AND COMPANY WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF OR RELATED TO SUCH TRANSACTION. IF ANY DAMAGE OR LOSS RESULTS FROM YOUR USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY FOR SUCH LOSS. ACCORDINGLY, ALL TRANSACTIONS ARE MADE OR ACCEPTED AT THE USER'S OWN RISK.
The Coaching Marketplace & Turbo Training Plan Product may be used to help obtain or offer coaching services provided by Coaches (“Coaching Services”) or Turbo (Turbo Training Plan Product”) and to facilitate payment for such Coaching Services or Turbo. See below for Additional Term of Service for Users of the Coaching Marketplace. The Coaching Marketplace also includes the Turbo Trackster feature and all related coaching services derived from Trackster algorithms. Upon purchase of Coaching Services (or Turbo), you must designate and provide information (including billing information) about your preferred payment method ("Payment Method"). This information must be complete and accurate, and you are responsible for keeping it up to date. Your failure to maintain complete and accurate billing information may result in the termination of your access to the Services. By purchasing Coaching Services, you agree to pay any taxes, fees, or other incurred charges that apply (including without limitation any subscription fees). We use a third-party service provider (currently Stripe) to process payment information. By using the Services, you authorize Company to share transaction information with the service provider, and you are giving Company (or a third-party payment processor on its behalf) permission to charge your on-file payment card, for all fees associated with the Services. All payment information that you provide must be accurate, complete, and current. By providing credit card or other payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and fees). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your purchase may be suspended or cancelled. You acknowledge that the amount billed may vary due to changes to your purchases, fee changes, or changes in applicable taxes or other transactional fees, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount. All fees due for the Coaching Services & Turbo shall be paid immediately upon purchase, and will be billed to the Payment Method. If the purchased Coaching Service or Turbo provides for a monthly subscription, we will not refund any fees already paid to us, even if you cancel your subscription before the end of a payment period. All other Coaching Services & Turbo will terminate in accordance with the plan you have chosen or product you have purchased. Should you wish to terminate Coaching Services & Bost under a subscription plan, before the end of the plan, you may terminate the plan directly in the Services or by contacting us at team@tracksterapp.com. All purchases of Coaching Services are final and non-refundable, except at our sole discretion, and in accordance with the rules governing each Coaching Service. European Union: Notwithstanding the foregoing, if you reside in the European Union and purchase any Coaching Services, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the "Cooling-off Period"). Refunds will not, however, be provided if you have accessed the Services at any time during the Cooling-off Period. Fee Changes. To the maximum extent permitted by applicable laws, a Coach may change their prices for Coaching Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on the Services. If you do not wish to pay the new prices, you can cancel the applicable Coaching Service prior to the change going into effect either directly in the Services or by contacting us at team@tracksterapp.com.
By uploading or posting User Content to, interacting with other Users on, or otherwise engaging in, the Services, you represent, warrant, and covenant that (a) you have all necessary rights, permits, licenses, permissions, and approvals to (i) use, submit, or share such User Content, and (ii) grant the licenses in these Terms; (b) your actions are not in violation of any preexisting contractual obligations with any third parties; (c) your actions are not in violation of any applicable local, state, federal, or foreign law; (d) all information you provide is truthful and accurate; and (e) your User Content and any other of your activities in connection with your use of the Services, and our exercise of all rights and licenses granted by you in the Terms, do not and will not violate, infringe, or misappropriate any third-party’s contractual, copyright, trademark, patent, right of privacy or publicity, or other personal or proprietary right, nor does such User Content contain any matter that is defamatory, obscene, libelous, unlawful, threatening, abusive, tortious, offensive or harassing. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post on or through the Services. You will defend, indemnify and hold Company and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim, demand, liabilities, loss, expenses or damages, including without limitation reasonable attorneys’ fees, arising out of or related to your User Content or any other content you make available on the Services, your use of the Services, or your violation of these Terms. You will defend, indemnify and hold both, but not limited to, the Coaches on the Coaching Marketplace and professional runners in Turbo and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim, demand, liabilities, loss, expenses or damages, including without limitation reasonable attorneys’ fees, arising out of or related to your User Content or any other content you make available on the Services, your use of the Services, or your violation of these Terms. You will further indemnify, defend, and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access and/or use of the Service through your account.
Written Notification. Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). This policy provides for the termination of access, in appropriate circumstances, to Users who are repeat copyright infringers. Company may, in appropriate circumstances and at its discretion, disable and/or terminate access to Users who may be infringing the intellectual property of a third-party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located; your address, telephone number, and, if available, email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Upon receipt of a valid written notification containing the information as outlined in 1 through 6 above, Company shall, (1) remove or disable access to allegedly infringing content; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the allegedly infringing content. Counter Notification. To be effective, a counter notification must be a written communication provided to Company’s DMCA Agent that includes substantially the following: your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a valid counter notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Company will comply with this requirement within a reasonable time (or as otherwise required by law), provided the Company DMCA Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain you from engaging in infringing activity relating to the material on the Company network or system. DMCA Agent. The Company agent for notice of claims of copyright or other intellectual property infringement can be reached at the following email address team+terms@tracksterapp.com
By User. You may terminate your access to the Services at any time, for any reason, by contacting us at team@tracksterapp.com. You can cancel the Coaching Services at any time by contacting us at team@tracksterapp.com. The cancellation of a Coaching Service Subscription will go into effect at the end of your current billing cycle, and you will have the same level of access to the Coaching Service through the remainder of such billing cycle. For example, if you are billed on a monthly-basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Coaching Service through the end of that month. There are no refunds for termination or cancellation of your Coaching Service. If you no longer wish to subscribe to a Coaching Service, it is your responsibility to cancel such service in due time, regardless of whether or not you actively use the Coaching Service. European Union: If you are a resident of the European Union: You have the right to delete your account with us by contacting us at team@tracksterapp.com. If you choose to permanently delete your account, the non-public User information that we have associated with your account will also be deleted. By Company. Company may remove any item of User Content and/or terminate a User’s account for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement, as determined by Company in its sole and absolute discretion, at any time and without prior notice. Company may also terminate a User’s account if Company has reason to believe the User is a repeat offender. If Company terminates your account, Company may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. If you do not pay the fees or charges due for your use of the Coaching Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services and may do so without notice.
We are not responsible for the accuracy, appropriateness, or legality of User Content or any other information posted, submitted, made available, or accessed by you or other Users of the services. We do not pre-screen, control, or endorse User Content, and we make no claims or representations regarding any content we do not create. We are not responsible or liable, directly or indirectly, for any damage or loss that results from your use of, reliance on, or any other connection between you and any content or data that any User or third-party makes available. Your use of our Services is at your sole risk. Our Services are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In addition, Company does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While Company attempts to make your access to and use of our Services safe, we cannot and do not represent and warrant that our Services or servers are free from viruses or other harmful components. You assume the risk as to the quality and performance of the Services. You hereby acknowledge that Company makes no warranties of any kind, express or implied, and does not guarantee individual results. You, not company, is personally responsible for the achievement of your individual performance goals. Company is not responsible for the conduct of any User, including Coaches, and is not a party to any transactions or agreements, entered into between Users or for the failure of Users to abide by their contractual obligations and agreements. User Content, including advice, statements, athletic training plans, or other information should not necessarily be relied on. Company does not make any claims, representations, guarantees, or warranties regarding (i) any User Content; (2) Users’ credit worthiness, honesty, behavior, credentials, or ability to pay; or (3) any User’s compliance with relevant laws and disclaims all liability in this regard to the maximum extent permitted by law. Your interactions with fellow Users, payments, and delivery of goods or services, if any, are solely between you and such fellow User. User Content is the sole responsibility of the User from whom such User Content originated.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS, INCLUDING ANY THIRD-PARTY PROVIDER, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, DATA LOSS, BUSINESS LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES. THE TOTAL LIABILITY OF COMPANY, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, IS LIMITED TO A REFUND OF THE AMOUNT PAID BY USER FOR COACHING SERVICES IF SUCH COACHING SERVICES WERE IN FACT, NOT PROVIDED AS DETERMINED BY COMPANY IN ITS SOLE DISCRETION.
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ THIS SECTION CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURES DESCRIBED BELOW. You and Company agree that in the event of any dispute between you and Company, each party shall notify the other party in writing within thirty (30) days of the date the dispute arises. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to Company’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration in the English language, administered by the Judicial Arbitration and Mediation Services (JAMS) in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You and Company hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users who live in the European Union. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court. Class-Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. Exception—Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Thirty-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Trackster, Inc., 7683 SE 27th St. PMB#263, Mercer Island, WA 98040. The notice must be sent within 30 days of accessing the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Company also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Company may terminate your use of the Services. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Company and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Any dispute or claim arising out of or in connection to these Terms or the Services, shall be governed by, and construed in accordance with, the laws of the Delaware, without regard to its conflicts of law provisions. Subject to Section 18 entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing Delaware and you consent to the exclusive jurisdiction of the federal or state courts embracing Delaware. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.
We reserve the right to modify, change, suspend or discontinue the Services at any time, including the availability of any feature, database, or User Content at any time, for any reason or for no reason at all. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Any use of the Services after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose. If the modified Services are not acceptable to you, your only recourse is to stop accessing and using our Services.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Services at any time without prior notice. Due to maintenance, security, or capacity issues, or to events beyond our control, the Services may be temporarily suspended or affected. We will use commercially reasonable efforts to correct any errors and minimize any disruption and/or inoperability of the Services, whether scheduled or not. Where feasible, we will notify registered Users via email.
These Terms, including agreements incorporated herein by reference, constitute the entire agreement between you and Company regarding your access to and use of our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of Company. No waiver of any provision of these Terms shall constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Even after your access to the Service is terminated, or your use of the Service discontinues, these Terms shall remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination. If you have any questions, complaints, or claims with respect to the Services or any of the Company agreements, you may contact us at team@tracksterapp.com. Additional Terms of Service for the Coaching Marketplace. The Coaching Marketplace provides a platform to connect independent providers of athletic coaching services, or Coaches, and individuals seeking such services (“Athletes”) (each, a “User”). The Coaching Marketplace enables Coaches to seek, receive, and fulfill requests for coaching services from Athletes. The coaching services offered or provided in connection with the Coaching Marketplace are hereinafter referred to as "Coaching Services." In addition to all other Terms and policies of Company, the following terms apply to Athletes who access the Coaching Marketplace (“Marketplace Terms”). In the event of a conflict between these Marketplace Terms and the Terms of Service above, these Marketplace Terms shall control. Athlete understands that Coaches have entered into a separate contract with Company for use of the Coaching Marketplace. In the event of a conflict between these Marketplace Terms and the contract between Company and a Coach, the contract shall control.
By accessing the Coaching Marketplace, you affirm that you are fully able and competent to enter into and comply with the Terms, including these Marketplace Terms, and that all the information you submit is accurate and truthful. We only permit individuals who are (i) at least 18 years old or at least 13 years old and have their parent or guardian’s consent to the Terms on their behalf and (ii) who can form legally binding contracts with us to use the Coaching Marketplace. We may still refuse to let certain people access or use the Coaching Marketplace. We may also change our eligibility criteria at any time. We reserve the right, but are not obligated, to further limit the access of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
Once a Coach has been approved by Company and activated its account, the Coach can then publish a public profile in the Coaching Marketplace by providing certain information including offered Coaching Services and fees. Athletes can browse Coaches’ profiles and submit requests to communicate and purchase Coaching Services from Coaches. The provision of Coaching Services is up to Coaches and subject to availability; Coaches are not obligated to answer all communications or comply with any requests for the provision of Coaching Services. We reserve the right to cancel or to discontinue making certain Coaching Services available through the Services without prior notice.
Once an Athlete makes a purchase of Coaching Services on the Coaching Marketplace, an agreement has been made between the Athlete and the Coach. A Coach has the right to reject or cancel an Athlete’s purchase for any reason, at the Coach’s sole discretion. Any agreements created between Users are not binding on Company. IN ADDITION TO ALL DISCLAIMERS SET FORTH IN THE TERMS OF SERVICE, WE ARE NOT LIABLE FOR, OR OBLIGATED TO ENFORCE, ANY AGREEMENTS BETWEEN A COACH AND AN ATHLETE.
Athletes contract for Coaching Services directly with Coaches. Company is not a party to any contracts for Coaching Services and makes no guarantees or warranties whatsoever regarding the performance or provision of Coaching Services or the Athlete’s ability to meet their payment obligations. The Services facilitate these contracts by supplying a medium through which Users can connect on the Coaching Marketplace, contract for Coaching Services, and pay or be paid for those Coaching Services ("Payments"). No refunds or credits will be provided once the Athlete has been charged unless the Coach, in its sole discretion, cancels the purchase before providing the purchased Coaching Service, or unless Company has made an error that needs to be corrected. No other refunds will be issued. The refund method will depend upon the payment method. You can cancel your subscription for a Coaching Service either directly in the Services or by contacting us at team@tracksterapp.com. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid. While we will use commercially reasonable efforts to ensure the security of all payment card and other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third-parties, and you agree to hold us harmless for any damages that may result therefrom. All Athletes making a payment via the Coaching Marketplace must agree to the policies of our third-party payment provider (currently, Stripe). Company will cover any transactional or other fees charged by the third-party provider. Contractor and Company Fees. The fee charged by Coaches for Coaching Services (“Coach Fee”) shall be determined by each Coach, in its sole discretion. In consideration for Coaches’ use of Services, Company charges each Coach a fee (“Company Fee”). The Company Fee is a percentage of Coach Fee. The Company Fee will be automatically deducted from all payments made by Athletes before payment is distributed to the Coach by the third-party payment provider. By using the Services, you authorize Company to withhold Company Fees and any other applicable fees from the Payments made to the Coach. All obligations to pay fees related to the Coaching Services shall survive the termination of your account or termination of the Services. Athletes and Coaches expressly agree not to attempt to circumvent the Services by independently attempting to communicate with each other through alternative means; such parties will be subject to legal action and their access to the Services may be terminated.
IN ADDITION TO ALL OTHER LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH IN THE TERMS, YOU AGREE TO HOLD COMPANY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE FROM THE COACHING SERVICES. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY COACHING SERVICE OR COMMUNICATION OR OTHER TRANSACTION BETWEEN USERS. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR PARTICIPATION IN AND PURCHASE OF THE COACHING SERVICES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS AFFILATES FROM ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE COACHING SERVICES.
IN ADDITION TO ALL OTHER WAIVERS, RELEASES, ASSUMPTIONS OF RISK, LIMITATIONS OF LIABILITY, AND DISCLAIMERS SET FORTH IN THE TERMS, BY USING THE COACHING MARKETPLACE, YOU RELEASE, INDEMNIFY, AND COVENANT NOT-TO-SUE COMPANY AND ITS AFFILIATES FROM ANY AND ALL PRESENT AND FUTURE CLAIMS RESULTING FROM THE USE OF THE SERVICES FOR ANY REASON WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, OR WRONGFUL DEATH, ARISING AS A RESULT OF ENGAGING IN OR RECEIVING COACHING SERVICES OR ANY ACTIVITIES INCIDENTAL THERETO, WHEREVER, WHENEVER, OR HOWEVER THE SAME MAY OCCUR. YOU HEREBY VOLUNTARILY WAIVE ANY AND ALL CLAIMS BOTH PRESENT AND FUTURE THAT MAY BE MADE BY YOU, YOUR FAMILY, ESTATE, HEIRS, OR ASSIGNS, AND RELINQUISH ON BEHALF OF YOURSELF, SPOUSE, HEIRS, ESTATE AND ASSIGNS THE RIGHT TO RECOVER FOR INJURY OR DEATH. YOU ARE AWARE THAT COACHING SERVICES ARE DESIGNED FOR VIGOROUS ACTIVITIES THAT CAN INVOLVE SEVERE CARDIOVASCULAR STRESS, AND UNDERSTAND THAT PARTICIPATION IN THE SERVICES AND THE COACHING SERVICES CAN INVOLVE CERTAIN RISKS, INCLUDING, BUT NOT LIMITED TO, DEATH, SERIOUS NECK AND SPINAL INJURIES RESULTING IN COMPLETE OR PARTIAL PARALYSIS, BRAIN DAMAGE, AND SERIOUS INJURY TO VIRTUALLY ALL BONES, JOINTS, MUSCLES, AND INTERNAL ORGANS. YOU AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS AFFILIATES FOR ANY AND ALL CLAIMS ARISING AS A RESULT OF YOUR PARTICIPATION IN COACHING SERVICES OR ANY ACTIVITIES INCIDENTAL THERETO, WHEREVER, WHENEVER, OR HOWEVER THE SAME MAY OCCUR. YOU FURTHER UNDERSTAND THAT THIS WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY APPLICABLE LAW, AND AGREE THAT IF ANY PORTION IS HELD INVALID, THE REMAINDER OF THE WAIVER WILL CONTINUE IN FULL LEGAL FORCE AND EFFECT.
JACKPOT is not a lottery or gambling game. JACKPOT is a fitness competition with a cash buy-in and a cash prize awarded to the weekly winners. It's the same process as paying for an entry bib at your local 5K and winning an Amazon gift card for your age group, for example. JACKPOT calculates participants' scores based on posted training data (more info can be viewed at www.tracksterapp.com/jackpot). At the end of the week, JACKPOT awards the cash prize based on a different split format every week. Trackster reserves the right to cancel your JACKPOT participation and disqualify your winnings if it suspects cheating or dishonest training data has been submitted. No refunds will be given for any JACKPOT entry payments. Apple and Google Play are not affiliated with JACKPOT or Trackster in anyway. Apple and Google Play are also not participating sponsors toward JACKPOT.
