Terms of Use

These Terms govern your access to, usage of all content, Product and Services available at the website clubtrack.org (the “Service”) operated by Club Track.

Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Club Track and its licensors.

Third Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).

If you use any Third Party Services, you understand that:

  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
  • You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate the Agreement or your Club Track account, you may simply discontinue using our Services.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Ordering Uniforms

All apparel and uniforms for Club Track are sponsored by Neal Berman Co. Apparel and uniform orders will be directed to nealberman.com for further purchasing options. Orders placed on nealberman.com do not require an account with either Club Track or Neal Berman Co. Separate Terms and Conditions provided by nealberman.com apply to purchases made on their website.

Services Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Club Track and its suppliers and licensors may disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Club Track, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of The United States of America.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in The United States of America.

Digital Millennium Copyright Act Policy

We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit the notice to us that sets forth the following information:

Notice of Infringement – Claim

  1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
  4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
  5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Send all takedown notices through our Contact page. Please send by email for prompt attention.

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

  1. Your physical or electronic signature.
  2. A description of the material that has been taken down and the original location of the material before it was taken down.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
  5. Send your counter notice through our Contact page. Email is highly recommended.

Repeat Infringer Policy

We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.

Modifications

We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.

Status of linking policy

clubtrack.org welcomes links to this website made in accordance with the terms of this linking policy.

[By using this website you agree to be bound by the terms and conditions of this linking policy.]

Links to clubtrack.org

Links pointing to clubtrack.org should not be misleading.

Appropriate link text should be always be used.

[From time to time we may update the URL structure of our website, and unless we agree in writing otherwise, you are responsible for updating said links.] You must not use our logo to link to this website (or otherwise) without our express written permission.

You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website

This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

clubtrack.org has no control over the contents of third party websites, and clubtrack.org accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, should we request the deletion of a link to clubtrack.org that is within your control, you will delete the link promptly.

If you would like us to remove a link to your website that is included on nealberman.com, please contact us using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

We may amend this linking policy at any time by publishing a new version on this

website.

Contact us

Should you have any questions about this linking policy, please contact us using the details set out below:

Contact Email: coach@clubtrack.org

All Rights Reserved.

Our Anti-Spam Policy

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

Club Track has a zero-tolerance spam policy.

Automated spam filtering

clubtrack.org‘s messaging systems automatically scan all incoming email messages, and filter out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by clubtrack.org‘s systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

Receipt of unwanted messages from clubtrack.org

In the unlikely event that you receive any message from clubtrack.org or sent using clubtrack.org‘s systems that may be considered to be spam, please contact clubtrack.org using the details below and the matter will be investigated.

Changes to this anti-spam policy

clubtrack.org may amend this anti-spam policy at any time by publishing a new version on this website.

Email Subscription/ Newsletter Disclaimer

If you choose to provide us with your email address or any other personally identifiable information, we will use it only to send you our newsletter or respond to your query.

If you choose to unsubscribe from the newsletters, you’ll stop receiving any newsletters.

Copyright

Club Track reserves all copyrights on text or images on the newsletter. The text or images in the newsletter may not be copied or distributed without prior permission of Club Track.

If there is any approved use of content, the following conditions should be followed:

  • The source of copied material should be mentioned as Club Track.
  • This statement should appear on all forms of distribution.

E-Mail

You may choose to communicate with us via e-mail. However, in case you do so, you should note that the security of internet e-mail is unreliable. By sending confidential or sensitive e-mail messages which are unencrypted you accept the risks of such uncertainty and possible breach of confidentiality or privacy over the internet.

No Warranty

The information contained in this newsletter is provided by Club Track. as a service/promotion to its users, subscribers, customers and possible others. It does not contain (legal) advice. Although we try to provide quality information, we do not guarantee of results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance for a particular purpose.

No Liability

In no way is Club Track liable to users or any other party for any damages, costs of any character including but not limited to direct or indirect, consequential, incidental or other costs or damages, via the use of the information contained in the newsletters.

Changes to our subscription policy

We may make changes to this information at any time without prior notice. We make no commitment to update the information contained in this newsletter.

Changes to our Terms of Use

Club Track reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.

If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.

Your continued use of our Services will be subject to the new terms.

Club Track