Terms of Service – Track Central

Introduction and Acceptance of Terms

Track Central LLC (“Track Central”) (together with our affiliates, “Company,” “We,” “Us,” and “Our”), provides scheduling services for drag races across the United States of America. These Terms and Conditions (these “Terms”) govern your access to and use as an end user (“You,” or “Your”) of Our website (available at https://trackcentral.org), any other websites that link to these Terms (collectively, Our “Website”), and any associated features, functionalities, user interfaces, downloads, mobile applications, Content (as defined below) and other online services that We operate or control.

These Terms constitute a legally binding agreement made between You and Track Central. If You are accessing Our website on behalf of an entity, You represent and warrant that You have the authority to bind that entity to these Terms, and in such event, “You” and “Your” will refer and apply to that entity. BY ACCESSING OR USING OUR WEBSITE, PURCHASING A SERVICE FROM TRACK CENTRAL THROUGH OUR WEBSITE OR OTHERWISE, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS THAT APPLY YOU MAY NOT USE OR ACCESS OUR WEBSITE IN ANY WAY, NOR PURCHASE ANY PRODUCTS OR SERVICES FROM TRACK CENTRAL.

Subscription and Payment Terms

Track Central offers the option for customers to purchase Our offerings through a subscription model (the “Subscription”). By subscribing, You agree to a minimum commitment of one (1) year (the “Initial Billing Period”) and authorize Us to automatically renew Your Subscription for subsequent one-year periods (each, a “Renewal Billing Period”). If You wish to cancel Your Subscription, You must provide written notice of cancellation at least thirty (30) days before the end of Your current Billing Period to prevent the next scheduled charge. This can be done electronically by contacting Our customer service team at https://trackcentral.org. All cancellations will take effect at the end of Your current Billing Period.

To use Our service, You must provide at least one (1) payment method. By doing so, You authorize Us to charge any payment method associated with Your account in case Your primary payment method is declined or no longer available for use. Except as required by applicable law, payments are non-refundable, and no credits will be issued for partially used Subscription periods. If a payment is unsuccessful, We may suspend Your access to Our Website until a valid payment method is successfully charged. It is Your responsibility to ensure that Your billing account information is accurate and up-to-date. This includes promptly making any necessary adjustments (e.g. changes in billing address, credit card number, or expiration date). If Your credit card is cancelled or becomes invalid, please notify Us immediately. To update Your billing information, please contact Our customer service team at https://trackcentral.org Please note that for certain payment methods, the issuer may charge additional fees such as foreign transaction fees. Be sure to check with Your payment service provider for details.

We reserve the right to cancel Your Subscription at any time if We determine that You have engaged in any of the prohibited activities listed below.

Prohibited Activities

You shall only access Our Website for lawful purposes. As a visitor of Our Website, You agree not to, without limitation:

Sharing Subscription credentials with any third party or accessing Our Website and portal simultaneously from multiple devices or locations, except as explicitly authorized in writing by Track Central.
Systematically retrieve data or other content from Our Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from Us.
Engage in deceptive or fraudulent activities, or mislead Us and other users, particularly in attempts to gain access to confidential, proprietary, or sensitive information.
Circumvent, disable, or otherwise interfere with security-related features of Our Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Our Website and/or the Content contained therein, and/or attempt to gain unauthorized access to any parts of Our Website or systems.
Defame, tarnish, or otherwise harm, in Our opinion, Track Central.
Use any information obtained from Our Website in order to harass, abuse or harm another person.
Make improper use of Our support services or submit false reports of abuse or misconduct.
Use Our Website in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to Our Website.
Upload or transmit (or attempt to upload or transmit) viruses, or other material, that interferes with any party’s uninterrupted use and enjoyment of Our Website or modify, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of Our Website.
Engage in any automated use of Our Website’s system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on Our Website or the networks or services connected to Our Website.
Harass, annoy, intimidate, or threaten any of Our employees or agents.
Attempt to bypass any measures of Our Website designed to prevent or restrict access to Our Website or any portion of Our Website.
Copy or adapt Our Website’s software, including, without limitation, Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Our Website.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Our Website, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on Our Website or otherwise.
Use Our Website as part of any effort to compete directly with Track Central or otherwise use Our Website and/or the Content for any revenue-generating endeavor or commercial enterprise without Our express written consent.
Use Our Website to advertise or offer to sell goods and services.

Links to Third-Party Websites; No Implied Endorsements

Our Website may contain links to other websites on the Internet. You acknowledge that Track Central has no control over such websites and that We are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or services be construed as an approval or endorsement by Us of that third party, third party website, or of any product or service provided by such third party.

Intellectual Property Rights

Track Central is the owner or the licensee of all intellectual property rights in Our Website, including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, blog posts, and graphics (collectively, the “Content”), as well as the trademarks, service marks and logos contained therein (collectively, the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and internationally.

The Content and Marks are provided “AS IS” for Your personal, non-commercial use or internal business purpose only.

Subject to Your compliance with these Terms, We grant You a non-exclusive, non-transferable, revocable license to:

Access Our Website; and
Download or print a copy of any portion of the Content to which You have properly gained access.

Solely for Your personal, non-commercial use or internal business purpose.

Except as set forth in these Terms, no part of the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our prior express written permission.

If You wish to make any use of the Content or Marks other than as set out in this section or elsewhere in these Terms, please address Your request to: https://trackcentral.org If We grant You the permission to post, reproduce or publicly display any part of Our Content or Marks, You must prominently identify Track Central as the owners or licensors of the Content or Marks and ensure that Our copyright or proprietary notice appears clearly and is visible on any posting, reproduction, or display of Our Content.

In the event of any breach of these Intellectual Property Rights, such breach will constitute a breach of Our Terms. In such event, Track Central reserves the right to terminate services provided to You and You may be required to cease Your use of Our Website immediately.

Liability Limitations and Disclaimers

We expressly disclaim all warranties and representations, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy regarding Our Website, its contents, or the information accessible through it; it is provided “as is,” with all existing faults. You recognize and accept that You bear all responsibility for Your interaction with Our Website and understand that information transmitted or received while using Our Website may be unsecured and subject to interception by unauthorized entities. Except as otherwise provided under applicable laws, We and Our affiliates, and directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of Our Website or any other linked site(s), to the maximum extent permitted by applicable law. This limitation of liability applies to all types of damages, including, without limitation, direct, indirect, consequential, special, punitive, exemplary, or others, including, without limitation, lost profits, failure of performance, business interruption, computer virus, data corruption, communication-line failure, network or system outage, the loss of data or information, and any other tangible or intangible loss, even if We are not notified in advance of the potential of such damages and/or losses. You explicitly recognize and consent that neither Track Central nor any of its affiliates shall be liable for any defamatory, offensive, or illegal conduct of any user of Our Website.

Indemnification

You agree to defend, indemnify, and hold harmless Track Central, Our affiliates, members, officers, employees, agents, contractors, successors and assigns of each, from any losses, damages, liabilities, claims, deficiencies, judgments, decrees, awards, demands, costs, expenses, fines, penalties, or settlements, including reasonable legal fees and expenses, brought by a third party due to or arising from: (i) Your use of Our Website; (ii) any purchase of services from Track Central; (iii) breach of any of Your representations and warranties set forth in these Terms; or (iv) any overt act that causes harm, damage, or loss to any other visitor of Our Website. Notwithstanding the foregoing, Track Central reserves the right to assume the exclusive defense and control of any matter for which You are required to indemnify Track Central, and You agree to cooperate, at Your expense, with Track Central’s defense of such claims. We will endeavor to promptly inform You of any such claim, action, or proceeding that falls under this indemnification obligation upon becoming aware of it.

Electronic Communications, Transactions, and Signatures

Using Our Website, emailing Us, and filling out online forms are forms of electronic communication. By engaging in these activities, You are giving Your consent to receive communications from Track Central electronically. You agree that all forms of agreements, notices, disclosures, and other communications that We may provide to You electronically, whether through email or through Our Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH OUR WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Investigations of Violations of these Terms

We may, but are not obligated to, investigate any reported violation of these Terms and We may take any action that We deem appropriate to cure such violation. Such action may include, without limitation, issuing warnings, removing posted content and/or reporting any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

Applicable Law

By visiting Our Website, purchasing an item from Track Central, or consigning an item with Track Central, You agree that the laws of the Commonwealth of Pennsylvania will govern these Terms and any dispute of any sort that might arise between You and Us or any of Our affiliates. We recognize that You may obtain access to this Website from any jurisdiction in the world, but We have no practical ability to prevent such access. This Website has been designed to comply with the laws of the Commonwealth of Pennsylvania and of the United States. If any material on Our Website, or Your use of Our Website, is contrary to the laws of the jurisdiction You are when You access Our Website, Our Website is not intended for You, and We may ask that You do not use Our Website.

Arbitration and Class Action Proceedings

Both We and You agree that in the event of any dispute, the party seeking to address the dispute must contact the other party in writing, including by email, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send You notices via the email address or mailing address that You provide to Us, and all notices to Us shall be sent to contact@jgintdesign.com and include the words “Dispute Notice” in the subject line. The parties shall make a good faith effort to resolve the dispute prior to initiating more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

Except for intellectual property matters, injunctive relief, and matters involving confidential information as specified herein, Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of relating to these Terms, including with respect to the interpretation of any provisions of these Terms or other agreements between You and Track Central, or concerning the performance or obligation of You and Track Central, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Us or You pursuant to the following conditions.

Unless You elect to conduct the arbitration by telephone or by video, an in-person arbitration hearing will be conducted at a JAMS facility in Philadelphia, Pennsylvania. The selection of the arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures. Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one (1) day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and containing an opinion setting forth the reasons for the giving or the denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

Each party will be responsible for its own filing fees, as set by JAMS, to initiate arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and other expenses and fees required under JAMS procedures.

Notwithstanding the arbitration clause set forth herein, the parties also agree that Track Central may bring suit in a court located in Bucks County, Pennsylvania, to enjoin infringement or other misuse of Our intellectual property rights.

BOTH YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Any arbitration, claim or other proceedings by or between You and Track Central shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits You from commencing arbitration proceedings as a representative of others. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Corrections

There may be information on Our Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Our Website at any time.

Entire Agreement and Admissibility

These Terms and any policies, statements, notices, or operating rules (individually and collectively, starting with the term “Terms”, the “Entire Agreement”) posted on Our Website constitute the entire agreement and understanding between You and Track Central with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of the Entire Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of Our Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.

Privacy Practices

To understand Our privacy practices, please review Our Privacy Policy which governs Your access to Our Website, and which is hereby incorporated by reference into these Terms.

Updates to Terms and Conditions

We may make changes to these Terms periodically, so We encourage You to review them frequently to stay informed of any changes. The most current version of Our Terms will always be posted on Our Website. Each new version of these Terms becomes effective and will regulate Your use of Our Website from the moment it is posted. Your continued use of Our Website after such changes constitutes Your agreement to follow and be bound by the modified Terms. If You do not agree to the modified Terms, You must immediately stop using Our Website.

If You have any questions about these Terms, write to:

info@trackcentral.org

Last Updated: February 20, 2025