The following terms and conditions ("Terms of Service") govern your access to, and use of, the GroupTrac.com website and GroupTrac App (the "Service") operated by GroupTrac, Inc. ("GroupTrac").
By clicking on the "I Agree" checkbox or by accessing, browsing, or otherwise using the site, you agree to be bound by this terms of service and any of the related policies or guidelines, including any subsequent changes or modifications to them. If you do not agree to this terms of service or any changes, do not access or otherwise continue to use this site.
Privacy. Refer to GroupTrac's Privacy Policy to understand how GroupTrac collects, uses and discloses your personal information.
Conduct Policy. You agree to the terms of GroupTrac's Conduct Policy related to your use of the Service, including your submission of any data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials (collectively, "User Content"). The Conduct Policy is located at the end of, and is a part of, this Terms of Service.
Payments Service. If you are a GroupTrac team owner or team manager, you agree to the terms ofGroupTrac's Payments Service Acceptable Use Policy. The policy is located at the end of, and is a part of, these Terms of Service.
All copyrighted and copyrightable materials on the Service, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED Copyright © 2016 GroupTrac Inc. and/or its licensors.
GroupTrac grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to: (a) use the Service or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Service, including any images found on the Service or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Service or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of GroupTrac or any third party. Any unauthorized use of the Service will terminate the permission or license granted by GroupTrac to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You are solely responsible for your activities on our Service, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify GroupTrac and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
Furthermore, GroupTrac takes no responsibility for any damages, injuries or other consquences that occur from you using GroupTrac content. The content is for informational purposes only and you and you alone must decide whether it is right for you. Many athletic or other active endeavors or hobbies, including those which may be described or shown in the GroupTrac content, should only be performed under the direction of qualified professionals and using appropriate safety equipment and personnel. You accept all responsibility and release GroupTrac from any liability arising out of or relating to your use of such content.
"GroupTrac," "GroupTrac.com" and GroupTrac's logos are trademarks, service marks or registered trademarks of GroupTrac Inc. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of GroupTrac or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without GroupTrac's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of GroupTrac, and may not be copied, imitated, or used, in whole or in part, without GroupTrac's prior written permission. All other GroupTrac names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GroupTrac.
GroupTrac or third parties may provide links on the Service to other sites or content. GroupTrac has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. GroupTrac provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
The site and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. You expressly agree that use of the site, including all content or data distributed by or downloaded or accessed from or through the site, is at your sole risk. GroupTrac disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site. GroupTrac does not represent or warrant that materials in the site are accurate, complete, current, reliable or error-free.
GroupTrac is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
In no event shall we be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
You agree that GroupTrac's aggregate liability for any actual and direct damages hereunder shall not exceed the amounts you paid to GroupTrac during the prior 12 month period or $50. You acknowledge that this is a reasonable allocation of risk for your use of the site.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in San Jose, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Service.
GroupTrac reserves the right to change or modify any of the terms and conditions contained in this Terms of Service, or any policy of the Service, at any time and in its sole discretion. If GroupTrac decides to change this Terms of Service, it will post a new version on the Service and update the effective date set forth above. Any changes or modifications to this Terms of Service or policy will be effective upon posting of the revisions. Your continued use of the Service following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply.
Please read this Conduct Policy carefully. It governs your conduct while using various services on this Web site, located at GroupTrac.com (the "Service") and operated by GroupTrac Inc. ("GroupTrac"). By using our Service, you agree to be bound the terms of this Conduct Policy.
Any violation of this policy may result in the suspension or termination of your access to the site or use of our service and such action as we deem appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Service.
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
Notwithstanding anything to the contrary in this Conduct Policy, GroupTrac reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Service or its systems, equipment or network. GroupTrac further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that GroupTrac deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in our Privacy Policy, GroupTrac reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if GroupTrac suspects you have violated this Conduct Policy or any law or regulation. GroupTrac also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
If you want to report any violations of this Conduct Policy, please contact us at: tos@grouptrac.com
We reserve the right, without notice and in our sole discretion, to terminate your account and your license to use the Service and to block or prevent future access to and use of the Service. Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (DMCA), it is GroupTrac's policy to terminate, in appropriate circumstances as determined in our sole discretion, subscribers or account holders who we determine are repeat infringers. If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions. If you believe your copyright has been violated by material uploaded by a user of GroupTrac, please click here.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of GroupTrac's Payment service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
You may not use the GroupTrac Payments service for activities that:
PayPal requires pre-approval to accept payments for certain services, as set forth in the PayPal acceptable use policy, which you may access as of the date of this policy at the following link: https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full.
To learn more about the Acceptable Use Policy, please refer to tos@grouptrac.com
We encourage you to report violations of this Acceptable Use Policy to GroupTrac immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email GroupTrac at tos@grouptrac.com