Privacy Policy

Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Tracman Members. This provision applies to all disputes with Tracman. It affects how disputes with Tracman are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully. Thank you for using Tracman!

These Terms constitute a legally binding agreement ("Agreement") between you and Tracman (as defined below) governing your access to and use of the Tracman website, including any subdomains thereof, and any other websites through which Tracman makes its services available (collectively, "Site"), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Tracman Services"). The Site, Application, and Tracman Services together are hereinafter collectively referred to as the “Tracman Platform”. Our User Agreement, Privacy Policy, Payment Terms, and other Policies applicable to your use of the Tracman Platform are incorporated by reference into this Agreement

Users alone are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their activities and use of the Tracman Platform. For example, some jurisdictions have laws that restrict certain activities or require permits or licenses. Users are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any activities they undertake. Certain types of activities may be prohibited altogether. Penalties may include fines or other enforcement actions. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your use of the Tracman Platform, you should always seek legal guidance.

1. Acceptance of Terms By accessing or using the Tracman Platform, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. If you do not agree to these Terms, you must refrain from using the Tracman Platform.

2. Modification of Terms Tracman reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Tracman Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email.

3. Eligibility You must be at least 18 years old and able to enter into legally binding contracts to access and use the Tracman Platform or register a Tracman Account. By accessing or using the Tracman Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

4. Account Registration To access certain features of the Tracman Platform, you must register for an account ("Tracman Account") and provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality and security of your Tracman Account credentials and for all activities that occur under your Tracman Account. You agree to notify Tracman immediately of any unauthorized use of your Tracman Account.

5. Content Tracman may, at its sole discretion, enable Users to (i) create, upload, post, send, receive, and store content, such as text, photos, audio, video, or other materials and information on or through the Tracman Platform ("User Content"); and (ii) access and view User Content and any content that Tracman itself makes available on or through the Tracman Platform, including proprietary Tracman content and any content licensed or authorized for use by or through Tracman from a third party ("Tracman Content" and together with User Content, "Collective Content").

6. Service Fees Tracman may charge fees to Users ("Service Fees") in consideration for the use of the Tracman Platform. More information about when Service Fees apply. Any applicable Service Fees (including any applicable Taxes) will be displayed to a User prior to their use of the Tracman Platform. Tracman reserves the right to change the Service Fees at any time, and we will provide Users adequate notice of any fee changes before they become effective.

7. Terms Specific for Service Providers Service Providers alone are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their Listings and Services. Service Providers must describe their Services accurately and ensure that their activities do not violate any agreements they have with third parties.

8. Prohibited Activities You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Tracman Platform. In connection with your use of the Tracman Platform, you will not and will not assist or enable others to:

• -Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms.
• -Use the Tracman Platform for any commercial or other purposes that are not expressly permitted by these Terms.
• -Copy, store, or otherwise access or use any information, including personally identifiable information about any other User, contained on the Tracman Platform in any way that is inconsistent with Tracman’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties.

9. Termination and Suspension We may terminate or suspend your access to the Tracman Platform if you breach these Terms, our Policies, or any applicable laws, or for any other reason at our sole discretion, with or without notice to you. Upon termination, you remain liable for all amounts due under your Tracman Account up to and including the date of termination.

10. Disclaimers If you choose to use the Tracman Platform or Collective Content, you do so voluntarily and at your sole risk. The Tracman Platform and Collective Content are provided “as is,” without warranty of any kind, either express or implied.

11. Limitation of Liability To the maximum extent permitted by law, Tracman shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Tracman Platform; (ii) any conduct or content of any third party on the Tracman Platform; or (iii) any unauthorized access, use, or alteration of your transmissions or content.

12. Indemnification You agree to release, defend (at Tracman’s option), indemnify, and hold Tracman and its affiliates and subsidiaries, including but not limited to, their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms; (ii) your improper use of the Tracman Platform; or (iii) your breach of any laws, regulations, or third-party rights.

13. Dispute Resolution and Arbitration Agreement Agreement to Arbitrate: You and Tracman mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Tracman Platform or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except as set forth under exceptions in the Agreement.