Terms of Service for the Track 10 Website
Please read these terms of service and conditions of use carefully before using this website. By using this website, you signify your consent to these terms of use in addition to any other law or regulation that applies to the website, the Internet, and/or the World Wide Web. If you do not agree to these terms of service and conditions of use please do not use the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Track 10 website following the posting of changes to these terms (including the Track 10 Privacy Policy) will mean you accept those changes. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.
Copyright and Ownership
This website is owned and operated by Eaglemont Entertainment LLC and its affiliates. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, and software ("Content"), is owned by Eaglemont Entertainment LLC, its licensors, and/or its content providers. All elements of Track 10’s website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. This website, its Content and all related rights shall remain the exclusive property of Eaglemont Entertainment LLC or its licensors unless otherwise expressly agreed.
Restrictions on Use of Materials
Except as may be otherwise indicated on the website, you are authorized to view, play, print, forward, and download documents, audio, and video found on our website (subject to any applicable terms, including fees for downloads) for personal, informational, and noncommercial purposes only. Except as permitted above, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on this website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark, or other proprietary notices from material found on this website.
Corporate Identification, Site Content & Trademarks
All trademarks, service marks, and trade names of Track 10 used herein are trademarks or registered trademarks of Eaglemont Entertainment or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Track 10 trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Eaglemont Entertainment’s prior written consent. The use of Track 10 trademarks on any other website or network computer environment is not allowed. You may not use the Track 10 trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
Links to Third Parties
This website may contain hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Track 10 of, or any affiliation with, or endorsement by, the owner of the linked site. Track 10 is not responsible for the contents or use of any linked site, or any consequence of making the link.
Fees
For all charges for any products and services sold on the website, Track 10 will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse Track 10 for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website.
Risk of Loss
For those items purchased from Track 10 that are shipped to you, the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
Track 10 and its affiliates attempt to describe its products as accurately as possible. Track 10 does not, however, warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Track 10 is not as described, your sole remedy is to return it in unused condition.
Pricing
All prices are listed in U.S. dollars.
Shipping
For those items requiring shipping, Track 10 will ship to any address in the United States.
Forums and Public Communication
"Forum" means a chat area, bulletin board, or e-mail function offered as part of the Track 10 online presence. You shall not upload to, distribute through, or otherwise publish through a Track 10 website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. The forums shall be used only in a non-commercial manner. You must follow these and any other posted rules whenever you are using any Track 10 website.
By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
Track 10 may, at its discretion but without any obligation, remove content that does not meet these guidelines or is otherwise inappropriate, according to its sole interpretation, and may also remove all other content by that user, disable a user’s account, and otherwise seek to prevent that user from utilizing our services. Track 10 may also, at its discretion, disable and suppress content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright.
Account Security
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Track 10 sites. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Anyone able to provide your personally identifiable information can access your account so you should take reasonable steps to protect this information
Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Track 10 website(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from Track 10 if in Track 10's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other Track 10 site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
Disclaimer
Your use of and browsing of this website are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TRACK 10 MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. TRACK 10 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRACK 10 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TRACK 10) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold Eaglemont Entertainment, LLC and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users.
Limitation of Liability
IN NO EVENT SHALL TRACK 10 BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF TRACK 10 OR A TRACK 10 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRACK 10'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
No Endorsement
You shall not use Track 10’s name or any language, pictures, or symbols which could, in Track 10's judgment, imply Track 10’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent. User published content does not represent the views of Track 10 or any individual associated with Track 10, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Track 10’s endorsement of user published content. Track 10 does not vouch for the accuracy or credibility of any user published content on our sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on our sites. You may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive; there may also be risks of dealing with underage persons, people acting under false pretense, or international trade and foreign nationals. By using our sites, you assume all associated risks.
In the event that you have a dispute with one or more other users of the sites, you release Track 10 (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Force Majeure
Neither Track 10 nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
This Website is created and controlled by Track 10 in the State of Washington. These disclaimers, terms, and conditions of use are governed by the laws of the State of Washington. By using this website, you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington in all disputes arising out of or relating to the use of this Website. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Track 10’s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.
Additional Terms
Additional terms and conditions may apply to the purchase of product and other uses of this website. By using this website, you agree to such terms and conditions.
Privacy
Please read our Privacy Policy.
Entire Agreement
These terms and conditions are the entire agreement between the user and Track 10 and supersedes any prior understandings or agreements (written or oral).
Copyright
All of the Content owned by Eaglemont Entertainment, LLC is Copyright © 2005 Track 10. All Rights Reserved.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
In operating the sites, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the sites. If you believe any material available via the sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Scott Drum. You can email scott.drum@track10.com or write to: Track10, 14201 SE Petrovitsky Road, Suite A3-338, Renton, WA 98058.