Terms and Conditions of Use
Last Updated: May 25, 2018
Thank you for using Trackwired, a service provided by Trackwired Inc., an Arkansas corporation (“Trackwired,” “we,” “our” or “us”). These Terms and Conditions of Use (the “Terms”) explain the agreement you make with us when you access and use our website (http://trackwired.com), software, mobile applications, social media platforms, tools, resources, and other services (collectively, the “Services”).
PLEASE REVIEW THE TERMS CAREFULLY. BY USING THE SERVICES YOU AGREE TO BE BOUND BY EVERYTHING IN THE TERMS. IF YOU DO NOT AGREE, YOU SHOULD STOP USING THE SERVICES IMMEDIATELY.
1. The Services
These Terms apply to all of the Services, including all of our websites, software, mobile applications, tools and resources (collectively, the “Site”) developed, offered, or operated by Trackwired. The Terms apply to you and all others who use the Services (“you,” and “User(s)”).
As a general policy, you are and will be exclusively responsible and liable for your use of the Services and for any consequence that arises out of or is related to your use of the Services. Without limiting the generality of the foregoing, the preceding sentence expressly includes all claims, liability, injuries, obligations, damages, costs, and expenses (whether actual or threatened) that arise out of or are related to your completion or attempt to complete training programs, workouts, drills, exercises, and other related activities that are made available on the Site, including, but not limited to, personal injury, death, and monetary loss.
By using the Services, you acknowledge and agree that Trackwired will not be responsible or liable to you or any third party for any consequence, loss, or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section or the Terms generally. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception.
We may change the Services from time to time without notice. We may stop providing the Services, or restrict use of the Services, without notice and for any reason.
We rely on third-party providers for certain parts of the Services. Because of this and for other reasons, the Services may be unavailable, interrupted, or terminated from time to time for many reasons (including routine maintenance).
By using the Services, you acknowledge and agree that Trackwired collects, stores, and uses certain electronic information about you. We have attempted to provide clear explanations of our information policies so you can make meaningful decisions about whether to use the Services. To understand specifically what information we collect, and how we store and use that information, please carefully read the remainder of this section for more information. This Policy applies to the Services and to any offline activities (e.g., physical mailings and telephone calls). If you do not agree to our information policies, you cannot use the Services.
We use information about our Users in the way described more fully below to improve the Services – meaning, we are able to respond better to your requests, provide better updates to the Services, and communicate better with you.
Trackwired uses or may use third-party providers for various aspects of the Services, including the processing of payments and fees. By using the Services, you acknowledge and agree that you will also be subject to the third-party terms and conditions associated with those third-party services. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security. You specifically acknowledge that you understand that the third-party terms and conditions will apply to your financial information collected to enable the processing of required payments on the Services.
Trackwired values the importance of protecting children’s online privacy. To protect that privacy, we take the following steps: (i) use of the Services is not allowed for persons under the age of 13; and (ii) use of the Services by Users between the ages of 13 and 18 is subject to the eligibility requirements set out in Section 3 below.
By using the Services, you agree that Trackwired will not be responsible or liable to you or any third party for any consequence, loss or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section.
A. What We Collect About You and How We Collect It
We collect several types of information from and about Users, including information by which you might be personally identified. We may collect this information directly from you when you provide it to us, automatically as you navigate or use the Services, or from third parties. We may use technologies to collect information about your online activities over time and across third party websites, which may include or be associated with your personal information we collect in other ways or receive from third parties. For example, the information we collect includes:
• Information you provide directly, such as:
o Information you provide by filling in forms on our website;
o Your name, address, email address, telephone number, and anything else you provide through your Account on the Services or otherwise in using the Services;
o Correspondence with us or with Users through the Services; and
o Records of your transactions with us or with other Users through the Services and fulfillment of those transactions.
• Information collected automatically as you navigate through our website or otherwise use the Services, such as:
o Information collected through cookies, which are small text files sent by your computer when you access the Services through a web browser and may be session cookies or persistent cookies, through web beacons, through embedded scripts, and through other tracking technologies;
o Information about your internet connection, IP addresses, the equipment you use to access the Services, and usage details; and
o Information about your location and travel while using or related to the Services.
We may also work with third parties, using services such as KISSmetrics, Google AdSense, and others. Some content or applications, including advertisements, on our website are served by those third parties or others, including advertisers, ad networks and servers, content providers, and application providers. All of these third parties may also deploy cookies, web-beacons, embedded scripts, or other tracking technologies on our websites and collect information about you when you use the Services. We do not control these third parties’ tracking technologies or how they may be used.
We also collect and use generalized, anonymous information about all Users. This information cannot be used to identify or isolate your personal information.
B. How We Use and Disclose Your Information
Trackwired respects and cares about the security of User information, and we have taken reasonable steps to safeguard your information. However, Trackwired cannot guarantee total security of your information. By using the Services, you agree that you provide your personal information and content at your own risk. You are solely responsible for maintaining the security of your Account.
You will automatically receive various messages from us, and you may receive communications from our partners (including advertising and marketing messages). You may change or opt out of certain communications through prompts we provide in our communications to you and/or your Account Settings page. However, in some instances, we may need to provide you with service announcements and administrative messages. These particular communications are a necessary part of the Services. You cannot opt-out from receiving these communications.
• As you direct or consent: When you direct us or consent to us sharing your information with third parties.
• For external processing: We may share your information with third parties who process it on our behalf or who we use to support our business, for example to process payments, to ensure compliance with appropriate security and confidentiality measures, or to process payments on our behalf.
• To contact you about goods and services: We may use your information to contact you about our own or third-parties’ goods and services that may be of interest to you, and to enable us to display or direct advertisements to our advertisers’ target audiences; and
• For business purposes: We may disclose your information (a) to our current or future parents, affiliates, subsidiaries, and other companies under common control and ownership, or (b) to a buyer or other successor in connection with, or during negotiations, a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Trackwired’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
3. Eligibility and Obligations for all Users
You must be able to form a legally binding contract to use the Services. By using the Services, you represent that you are able to do so. If you are under 18 years old, your parent or guardian must enter into this agreement on your behalf. That parent or guardian will be responsible for your use of the Services, including financial responsibility. Persons under 13 years old are expressly prohibited from using the Services. Any attempt by a person under the age of 13 to use the Services will be automatically void. If Trackwired receives credible notice that a User is under 13 years old, we will automatically remove the account associated with the User and delete all information about and from that User from the Services.
You must create an account with Trackwired (your “Account”) to receive the full benefit of the Services. You agree to provide truthful information for your Account. If you create an Account as or on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. You are solely responsible and liable for safeguarding the security and accuracy of your Account and notifying Trackwired of any unauthorized use of your Account.
To the extent you are allowed to register for the Services by using existing third-party accounts or profiles (ex: Facebook or Google), you acknowledge that you will also be subject to the third-party terms and conditions associated with those third-party services if you choose to use those features. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security.
Access to and use of password protected and secure areas of the Services is restricted to authorized Users. Unauthorized persons who access or attempt to access these parts of the Services will be prosecuted.
You are solely responsible and liable for all activity that occurs on and through your Account, or in connection with your Account. THIS SPECIFICALLY INCLUDES ALL TRAINING PROGRAMS, WORKOUTS, DRILLS, EXERCISES, AND OTHER RELATED ACTIVITES THAT YOU CHOOSE TO PROVIDE OR PURCHASE THROUGH THE SERVICES (AND ALL CONSEQUENCES OF THOSE SERVICES).
By using the Services, you acknowledge that you may be exposed to situations that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of the Services is at your own risk and judgment.
There are certain things you cannot do on the Services:
You will not provide false information; create an account for anyone other than yourself without that person’s permission; use a name of another person with the intent to impersonate or disparage that person; use a name that is subject to rights of a third party without the proper authorization; or use a name or post any content anywhere on the Services that is offensive, vulgar, obscene or otherwise unlawful.
You will not provide services to or otherwise have any interactions with any other User that are injurious, threatening, violent, abusive, harassing, defamatory, invasive of privacy, tortious, obscene, vulgar, or profane to the User. You will not provide any services or conduct any action on or through the Services that are (i) in furtherance of illegal activities, (ii) false, fraudulent, or deceptive; or (iii) otherwise unlawful.
You will not reverse engineer, reverse compile, reduce to human readable form, or derive (or attempt to derive) the source code of any software associated with the Services. In these Terms, “reverse engineer” will mean the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms, or encryption devices of the underlying technology of the Services.
You will not access or tamper with non-public areas of the Services, including, but not limited to, our computer and network systems; breach or circumvent any security or authentication measures; scrape the Services without the prior consent of Trackwired; use the Services to send altered, deceptive, or false information; or interfere with or disrupt (or attempt to do so) any User, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or scripting the Services.
You will not create or help create any product or service that is derivative or competitive with the Services.
Trackwired charges fees for parts of the Services, including, but not limited to, the purchase of certain training programs, workouts, drills, exercises, and other content available on the Site. The information posted about each such training program, workout, drill, exercise, and related content will include current pricing for that content. Trackwired reserves the right to modify the pricing and fees related to use of the Services. All required fees will be due and payable immediately upon any purchase. All payments to Trackwired through the Services will be non-refundable.
By using the Services via the website, you authorize Trackwired to automatically initiate all required payments to the credit card registered with your Account immediately upon any purchase made via your Account. By using the Services via the mobile applications, you acknowledge that all required payments will be initiated by the third party payment service associated with the mobile application you are using (e.g., Apple Pay or Android Pay), and all such payments will be conducted in accordance with and will be subject to that third party’s terms and conditions.
Although we may impose certain requirements on Users by and through these Terms, Trackwired does not verify or otherwise control or guarantee compliance with such requirements by Users. Instead, as stated above and below in these Terms, Users are and will be exclusively responsible and liable for their use of the Services and for any consequence that arises out of or is related to their use of the Services.
We may offer special promotional offers through the Services that may or may not apply to you or your Account. By using the Services, you agree to be bound by the terms of the special offers.
The Services may not be available in all geographic areas. The Services are available only to Users with individual resources capable of supporting and performing the Services. You are solely responsible for obtaining the resources capable of supporting and performing the Services.
Trackwired may, in its sole discretion and for any reason, (i) refuse to offer the Services to any person or entity, or with respect to any item or thing, or (ii) change the eligibility criteria for the Services at any time. You may voluntarily cancel your Account at any time through your Settings page.
Failure to comply with any of the terms and obligations set out in this Section 3 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that Trackwired will not be liable, and you will indemnify, hold harmless and reimburse Trackwired for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
4. Our License to Your Account and Content
When you use the Services, you keep your rights to the information you submit, post, or make available on or through the Services. However, by using the Services, you grant Trackwired an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your information for the purposes of providing and promoting the Site and the Services in any and all media or distribution methods (now known or later developed), including promotional or commercial uses. We may modify or adapt your information to transmit, display, or distribute it in various media, networks, forms, and devices.
If you choose to terminate your account on the Services pursuant to Section 9 below, Trackwired will remove the information you submitted and posted from the public portions of the Site.
By using the Services you agree that you will not be entitled to any compensation from Trackwired (or other companies, organizations, or individuals who partner with Trackwired) for your information or for use, consistent with Trackwired’s rights under these Terms, of your information, including promotional or commercial uses.
You understand and agree that since your information may be distributed or published by Trackwired, you may be subject to liability if you do not have the legal right to use, submit, or publish the information on the Services. In that event, you will be exclusively responsible for your use of the Services, for all information and content you submit and publish, and for all consequences arising from both, including the use of your information by other Users and our third party partners. Trackwired will not be responsible or liable for any use or consequence of your information (whether by Trackwired, a third party partner, or other User). By using the Services, you represent and warrant that you have the necessary rights and authority to use and publish all information and content posted or made available by you on and through the Services, and to grant the licenses given to Trackwired in these Terms.
Failure to comply with any of the terms and obligations set out in this Section 4 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that Trackwired will not be liable, and you will indemnify, hold harmless, and reimburse Trackwired for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
5. Use, Information, and Content on the Services
You will have exclusive responsibility and liability for all information and content published on or through your Account, whether publicly posted or privately transmitted. Trackwired is not responsible or liable for any User information or content, or any consequence, loss, or damage (direct or indirect) caused by or related to User information or content.
Trackwired does not represent or guarantee completeness, truthfulness, accuracy, appropriateness, or reliability for any content or information posted on the Services, or endorse any opinion expressed on the Services. If you choose to use or rely on information or content posted on or obtained through the Services (whether published by Users or Trackwired), you understand that your use or reliance is at your own risk.
By using the Services, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, potentially misleading or otherwise deceptive. Trackwired does not monitor content provided by Users and does not censor or remove User Content, except in the limited circumstances described in these Terms. You agree that Trackwired will not be responsible or liable for any content on or made available through the Services under any circumstance.
When you provide information on or use the Services as a User, you represent and warrant that your information and use:
• Is not counterfeit or stolen;
• Does not infringe or violate the intellectual property or proprietary rights of Trackwired or any third party;
• Is not for any unlawful purpose or in furtherance of illegal activities (international users agree to comply with all local laws regarding online conduct and acceptable content);
• Does not violate any contractual obligation;
• Is not false, fraudulent, or deceptive;
• Is not threatening, violent, abusive, harassing, defamatory, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, profane, contains or depicts nudity or sexual activity; discriminatory, or otherwise inappropriate;
• Is not unsolicited advertising, junk mailing, or spamming;
• Does not contain software viruses, malware/phishing or another other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of Trackwired or third party equipment, software, or systems;
• Does not impersonate any person without such person’s prior consent;
• Does not include any personal identification, financial, or confidential information of any other person or entity without prior consent;
• Does not solicit Users or guests to use other on- or off-line services that are competitive with Trackwired;
• Does not attempt by any method to determine source code or underlying algorithms of any part of the Services;
• Does not falsely imply affiliation with or sponsorship by Trackwired or any third party without the prior written consent of Trackwired or such third party; or
Trackwired reserves the exclusive right to determine whether information you post or make available on the Services falls within any of the prohibited categories listed above. We may immediately terminate or suspend your Account without notice to you in the event that, in our judgment, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.
The Services may include advertisements and other marketing messages from Trackwired and its partners. The form and frequency of advertising and marketing messages on the Services may change without notice to you. By using the Services you agree that Trackwired and its third-party partners may advertise on the Services, including, but not limited to, targeted advertisements related to content posted by you or others.
Failure to comply with any of the terms and obligations set out in this Section 5 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that Trackwired will not be liable, and you will indemnify, hold harmless, and reimburse Trackwired for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
6. Our Rights as Trackwired
Trackwired exclusively and perpetually owns and reserves all right, title, and interest in and to the Services and all information and content developed or published by Trackwired on the Services. The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets, and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use the Trackwired name or any of the Trackwired trademarks, logos, domain names, distinctive brand features, or other intellectual property or content in any way.
We reserve the right to terminate, suspend, or refuse to provide the Services, to suspend or terminate Users, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you.
We will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve, and disclose any User information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests; and (v) protect the rights, property, or safety of Trackwired, our Users, and the public.
Feedback, comments, and suggestions you provide about Trackwired or the Services is entirely voluntary. We are free to use all feedback, comments, and suggestions without any obligation or compensation to you.
7. Your License to Use the Services
When you use the Services, Trackwired gives you a limited, personal, revocable, non-transferable, and non-exclusive license to use the Services. This limited license is only so you may use and enjoy the benefit of the Services as provided by Trackwired and as allowed under these Terms. This license is revocable at will and may be terminated by Trackwired without notice to you.
8. Users From Outside the United States
The Website and our Services are provided, supported and hosted in the United States, and our operation of them is governed by United States law. If you are using the Site from outside the United States, be aware that your Information may be transferred to, stored and processed in the United States and other countries where our facilities are located. The data protection and other laws of the United States might not be as comprehensive as those in your country. By using the Site you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy.
9. Intellectual Property Disputes
Trackwired reserves the right in its sole discretion to remove accounts and content that are alleged to infringe the intellectual property of others without prior notice or liability to Users. In appropriate circumstances, we may also terminate a User for content violations.
Trackwired will respond to notices of alleged infringement that comply with applicable law, including the Digital Millennium Copyright Act of 1998 (http://www.copyright.gov/legislation/dmca.pdf). If you believe your intellectual property has been used or copied in an infringing way, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the material claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
You must provide this notice to our agent for notice of alleged intellectual property infringement:
Attn: Intellectual Property Agent
2140 N College Avenue
Fayetteville, AR 72703