Terms of Service

Version 2.0 · Last Updated September 16, 2026

These Terms of Service ("Terms") govern access to and use of the Track Time Alerts platform (the "Platform"), operated by Off Camber LLC ("Off Camber," "we," "us," or "our"), a New York limited liability company.

Please read Section 4 (Alerts, Schedules, and Your Responsibility at the Track) and Section 19 (Limitation of Liability) carefully. They limit what you may rely on the Platform for and limit our liability to you.

1. Agreement to These Terms

1.1 Acceptance

By creating an account, accessing an event, installing or using a Track Time Alerts mobile application, purchasing Event Days, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

Where the Platform presents these Terms for active acceptance — for example at account signup, at first login, or at checkout — clicking to accept creates a binding agreement between you (and, where applicable, the Organization you represent) and Off Camber. We may record the version of the Terms accepted, the account that accepted them, and the date and time of acceptance.

1.2 Incorporated Policies

The following are incorporated into these Terms by reference and form part of your agreement with us:

1.3 Who Is Bound

If you accept these Terms on behalf of a club, chapter, region, organizing body, promoter, or other entity, you represent and warrant that you are at least 18 years old and that you have the authority to bind that entity to these Terms. In that case "you" means both you individually and that entity, and the entity is the "Organization."

2. Definitions

  • Organization — the club, chapter, region, promoter, or other entity that holds an organizational account on the Platform and runs events through it.
  • Organization Owner — the individual who controls an Organization's account, as described in Section 6.2.
  • Administrator / Event Coordinator — an individual authorized by an Organization to create or manage events, rosters, schedules, documents, and broadcasts. Includes Event Chairs, Race Directors, registrars, and any other role the Organization grants administrative access to.
  • Driver / Event Participant — an individual enrolled in an event by an Administrator, including students, instructors, workers, and other participants. Includes anyone accessing the Platform through a driver-side application or portal.
  • Event Day — one calendar day of track activity for a single event at a single venue, as described in Section 9.
  • Organization Content — schedules, rosters, participant information, run group assignments, pairings, event documents, logos, broadcasts, and any other material an Organization or its Administrators submit to the Platform.
  • Driver Content — profile information, photos, vehicle information, and preferences a Driver submits to the Platform.
  • Alerts — schedule notifications, session reminders, and event broadcasts delivered by the Platform by email or push notification.

3. What the Platform Is — and What It Is Not

3.1 What We Provide

Track Time Alerts is a scheduling and communication tool for motorsports events. It lets Administrators build and publish event schedules, import and manage rosters, pair instructors and students, attach event documents, and broadcast Alerts to enrolled Drivers.

3.2 What We Do Not Provide

The Platform does not provide, and Off Camber does not perform:

  • racing instruction, coaching, or driver evaluation
  • safety oversight, flagging, corner working, timing, or scoring
  • event management, event sanctioning, or operation of any event
  • medical, emergency, or dispatch services
  • registration, waiver administration, tech inspection, or insurance

Off Camber is not an organizer, promoter, sanctioning body, or venue operator, and is not a party to any agreement between a Driver and an Organization or venue. Events run on the Platform are organized, staffed, and operated entirely by the Organization.

4. Alerts, Schedules, and Your Responsibility at the Track

This section is important. Read it in full.

4.1 The Official Schedule Controls

The Platform displays and broadcasts information entered by an Organization's Administrators. It is a convenience layer on top of an event, not the event's system of record. The official event schedule as published by the Organization, and the instructions of grid marshals, corner workers, the Race Director, event officials, and venue staff, always control. Where the Platform and an official on the ground disagree, the official is correct.

4.2 Alerts May Be Late, Missing, Duplicated, or Wrong

You acknowledge and agree that Alerts may be delayed, delivered out of order, duplicated, or not delivered at all, and that information shown in the Platform may be incomplete, outdated, or incorrect. Causes include, without limitation:

  • schedule information entered incorrectly, incompletely, or late by an Organization or its Administrators
  • schedule changes made on the ground that are never entered into the Platform
  • outages, throttling, queuing, or delivery failures at Apple Push Notification service, Firebase Cloud Messaging, email providers, hosting providers, or other third-party services
  • cellular or Wi-Fi congestion, outages, or lack of coverage at the venue
  • device settings, including notification permissions, Do Not Disturb, Focus modes, low-power modes, background-refresh restrictions, airplane mode, sound settings, a dead battery, or a phone left in the car
  • operating system behavior, app updates, or uninstalled or logged-out applications
  • spam filtering, email forwarding rules, or a mistyped or outdated email address

4.3 You Remain Responsible for Making Your Session

Do not rely on the Platform alone to get you to grid. You are solely responsible for knowing your run group, your session times, and your location, and for presenting yourself correctly and on time. Confirm your schedule against the Organization's official posted schedule, and check with event staff if anything is unclear.

Off Camber is not liable for any missed, late, shortened, or mistimed session; for forfeited track time; for exclusion from a session or event; for entry fees, instruction fees, travel, lodging, fuel, tire, or vehicle costs; or for any other loss arising from an Alert that was late, incorrect, or never delivered.

4.4 Not a Safety or Emergency System

The Platform is not a safety system and must never be used as a substitute for, or as a primary channel for, safety-critical or emergency communication. On-track flag signals, corner station displays, radio communication, the drivers meeting, and the Organization's own emergency procedures govern at all times. An Alert about a black flag, weather, a red flag, or any other condition is supplemental information only and may not arrive.

Organizations agree not to designate the Platform as their sole or primary means of emergency notification, evacuation notice, or safety instruction, and to maintain communication procedures that function completely independently of the Platform.

4.5 Motorsports Risk

Motorsports activity is inherently dangerous. Your participation in any event is governed by your agreement with the Organization and the venue, including any waiver or release you sign with them. Nothing in the Platform, and no Alert, constitutes a representation that any event, session, or track condition is safe.

5. Eligibility and Age Requirements

5.1 Administrators Must Be 18 or Older

You must be at least 18 years old to create an Organization account, to act as an Administrator or Organization Owner, or to purchase Event Days. By doing any of those things you represent that you meet this requirement and have the legal capacity to enter into a binding contract.

5.2 Drivers Under 18

A Driver under 18 years of age may use the Platform only with the consent and supervision of a parent or legal guardian, who accepts these Terms on the minor's behalf and is responsible for the minor's use. An Organization that enrolls a participant under 18 represents that it has obtained the parent's or legal guardian's consent for that participant's enrollment and for the sharing of that participant's information with the Platform.

5.3 Children Under 13

The Platform is not directed to children under 13, and we do not knowingly collect personal information from children under 13. See the Privacy Policy.

5.4 Legal Compliance

You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

6. Accounts, Organizations, and Roles

6.1 Organization Accounts

Administrators sign up and create an Organization account. The Organization — not any individual Administrator — is our customer and is the party responsible for fees, for Organization Content, and for the conduct of everyone it grants access to.

6.2 Organization Owner

Each Organization has an Organization Owner. Unless the Organization tells us otherwise in writing, the Organization Owner is the individual who created the Organization account.

The Organization Owner controls the Organization's account, including its events, rosters, schedules, documents, billing, and the ability to invite, modify, or remove Administrators. Actions taken by the Organization Owner and by any Administrator bind the Organization.

6.3 Changes of Role and Departing Administrators

Roles in volunteer motorsports organizations turn over. You agree that:

  • The Organization is responsible for keeping its list of Administrators current, and for removing access promptly when a person leaves the role, leaves the Organization, or should no longer have access. We are not responsible for access that the Organization failed to revoke.
  • The Organization Owner may transfer the Organization Owner role to another Administrator at any time through the Platform where that function is available.
  • If the Organization Owner departs, becomes unreachable, or refuses to transfer the role, the Organization may request a transfer by contacting us. We may require written confirmation from an officer of the Organization, on the Organization's letterhead or from a verified Organization domain, identifying the new Organization Owner and confirming the requester's authority. We may also notify the current Organization Owner and allow a reasonable period to object.
  • Where authority over an Organization account is genuinely disputed, we may suspend the account until the dispute is resolved among the parties, or act on a court order or other documentation reasonably satisfactory to us. We are not obligated to resolve internal disputes within an Organization, and we are not liable for acting reasonably and in good faith on documentation that appears authentic.
  • The Organization's data belongs to the Organization, not to any individual Administrator. An individual Administrator has no right to take, withhold, delete, or continue to use Organization Content after leaving the role.

6.4 Drivers

Drivers do not independently create accounts. Access is provided through enrollment by an Administrator using the Driver's email address. A Driver who has been enrolled may be invited to future events by the same or another Organization and may retain access to prior event data. Drivers may update limited profile information and communication preferences.

6.5 Account Security

You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account, including activity by anyone you share credentials or a device with. Notify us promptly at support@tracktimealerts.com if you believe your account has been compromised. We are not responsible for loss arising from unauthorized use of your credentials or from access to your email account or device.

7. Organization Responsibilities and Data Accuracy

Each Organization represents, warrants, and agrees that:

  • it has the authority and a lawful basis to submit Driver and participant information to the Platform, and has given any notices and obtained any consents required for that submission and for the delivery of Alerts to those individuals;
  • schedules, run groups, pairings, session times, documents, and broadcasts it enters are accurate, current, and its own responsibility to keep current;
  • it will update the Platform promptly when the event's actual schedule changes, and will not rely on the Platform to communicate changes it has not entered;
  • it will not use the Platform to send marketing, solicitation, or unrelated messages to Drivers;
  • it is responsible for the content, tone, targeting, and timing of every broadcast it sends; and
  • it is solely responsible for its own event, including safety, staffing, insurance, waivers, licensing, sanctioning, and compliance with venue and sanctioning-body rules.

8. Acceptable Use

You agree not to:

  • use the Platform for any unlawful purpose, or in violation of any applicable law or regulation
  • submit false, misleading, or unauthorized personal information, or enroll anyone you are not authorized to enroll
  • impersonate any person or organization, or misrepresent your affiliation or authority
  • harass, threaten, defame, or send abusive, obscene, or discriminatory content through the Platform
  • interfere with, disrupt, overload, or degrade the Platform or the servers or networks that support it
  • attempt to gain unauthorized access to any account, system, or data, or probe, scan, or test the vulnerability of the Platform without our prior written consent
  • scrape, crawl, or use automated means to extract data from the Platform beyond the export functions we provide
  • copy, resell, sublicense, rent, or provide the Platform as a service to a third party, or use it to build a competing product
  • reverse engineer, decompile, or disassemble any part of the Platform except to the extent that restriction is prohibited by law
  • remove, obscure, or alter any proprietary notice
  • use the Platform for advertising, solicitation, or spam

We may investigate suspected violations and may suspend or terminate access under Section 22.

9. Event Days, Pricing Integrity, and Anti-Circumvention

9.1 One Event Day Per Day of Activity

Pricing is based on Event Days. One Event Day means one calendar day of track activity for a single event at a single venue. A two-day weekend is two Event Days; a three-day weekend is three Event Days. Event Days must be purchased for every calendar day on which the Organization uses the Platform to schedule or communicate about track activity.

9.2 Prohibited Circumvention

You agree not to structure your use of the Platform to avoid Event Day fees. Without limiting that, you agree not to:

  • enter a multi-day event as a single Event Day, or compress multiple days of activity into one day's schedule
  • reuse, rename, re-date, duplicate, or recycle a completed or paid event to cover activity on a different date
  • run concurrent or overlapping events at different venues under a single Event Day
  • split one Organization across multiple accounts, or create additional Organizations, to obtain additional free or discounted events
  • share, resell, or provide account access to another organization so that it can run its events under your Organization
  • misrepresent the number of days, venues, or events in order to reduce fees

9.3 Remedy

If we determine in good faith that Event Days have been under-purchased, we may invoice the Organization for the unpaid Event Days at the then-current rate, suspend the Organization's account or the affected event, withhold schedule publication or broadcasts, or terminate the account. This is in addition to any other remedy available to us.

9.4 First Event Free

Any introductory free event is limited to one per Organization, is not transferable, has no cash value, and may not be obtained repeatedly by creating additional accounts or Organizations.

10. Content, Licenses, and Feedback

10.1 You Keep Your Content

As between you and us, Organizations own their Organization Content and Drivers own their Driver Content. We do not claim ownership of it.

10.2 License to Us

You grant Off Camber a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers only) license to host, store, copy, transmit, reformat, index, back up, and display Organization Content and Driver Content, and to distribute it to the Drivers, Administrators, and participants it is directed to, in each case solely to operate, provide, secure, support, and improve the Platform and to deliver Alerts. This license covers schedules, rosters, logos, event documents and attachments, broadcasts, and driver and vehicle photos. It ends when the content is deleted from the Platform, except for copies retained in routine backups or as required by law, and except to the extent the content has already been distributed to recipients.

10.3 Your Warranty

You represent and warrant that you own or have all rights necessary to submit your content and to grant the license above, and that your content does not infringe or misappropriate the rights of any third party or violate any law. Organizations are responsible for confirming their rights in any logo, track map, supplemental regulation, form, or other document they upload.

10.4 Removal

We may remove or disable content that we reasonably believe violates these Terms, infringes a third party's rights, or exposes us or others to liability. We are not obligated to monitor content, and we do not endorse or verify any Organization Content or Driver Content.

10.5 Feedback

If you send us ideas, suggestions, feature requests, bug reports, or other feedback about the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable right to use, modify, and commercialize that feedback for any purpose, without restriction, attribution, compensation, or obligation of confidentiality. We may already be working on something similar, and nothing in your feedback creates any obligation to you or any right in the Platform.

11. Data Ownership, Processing Roles, Export, and Deletion

11.1 Roles

Organizations determine what event and participant data is entered into the Platform, how it is used within their events, and who has access to it. Off Camber processes that data on the Organization's behalf and under the Organization's instructions, and for our own limited purposes of operating, securing, supporting, and improving the Platform, as described in the Privacy Policy. Where applicable data protection law uses the terms, the Organization acts as the controller (or business) for Driver and participant data, and Off Camber acts as the processor (or service provider).

11.2 Our Commitments

We do not sell personal information, use it for advertising or behavioral profiling, or share it with third parties for their own marketing. See the Privacy Policy for full detail on collection, use, and third-party providers.

11.3 Export

While an Organization's account is active, Administrators may export event schedules and rosters using the Platform's export functions, including Excel and PDF export. Drivers may print or export their own schedules.

11.4 Closure and Deletion

If an Organization closes its account, or we terminate it, the Organization may request an export of its Organization Content within 30 days of closure, and we will provide it in a commercially reasonable format. After that period we may delete or de-identify Organization Content in accordance with our retention practices. Drivers may request deletion of their personal data at any time through the deletion request process. Deletion requests are subject to our need to retain records for legal, tax, security, and dispute-resolution purposes, and to routine backup cycles.

12. Communications

12.1 Email and Push Only

The Platform delivers Alerts by email and by push notification to the mobile applications. The Platform does not send SMS or text messages. If you receive a text message claiming to be from Track Time Alerts, it did not come from the Platform — please report it to support@tracktimealerts.com.

12.2 Transactional Email

Drivers enrolled in an event receive event-related email, including enrollment, schedule publication, schedule changes, and account and security messages. These are transactional messages necessary to provide the service, and they are not marketing. Drivers who do not wish to receive them should ask the Organization to remove them from the event.

12.3 Push Notifications

Push notifications require installing a mobile application and granting notification permission on the device. You may revoke that permission at any time in your device settings, and you may adjust notification preferences where the Platform provides them. Turning off notifications does not remove you from an event, and it does not change your responsibility under Section 4.3.

12.4 Messages From Us

We may send you service, security, billing, legal, and Terms-change messages relating to your account. You may not opt out of these while your account is active.

13. Mobile Applications

13.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Track Time Alerts mobile applications on devices you own or control, solely for your own use in connection with events on the Platform. All rights not expressly granted are reserved.

13.2 Driver Application

The driver application is provided at no charge to Drivers enrolled in an event by an Organization. It provides access to schedules, run groups, pairings, event documents, and Alerts. It is not a timing, scoring, telemetry, navigation, or safety application, and Section 4 applies to everything it displays.

13.3 Administrator Application

The administrator application is provided to Administrators authorized by an Organization. It provides event, roster, schedule, and broadcast functions, and its use is subject to the Organization's fees under Section 14. Use of the administrator application is limited to individuals who are at least 18 years old and currently authorized by the Organization. An Administrator who broadcasts through the application does so on behalf of and as an agent of the Organization, and the Organization is responsible for those broadcasts.

13.4 Updates

We may release updates, and applications may stop working correctly if you do not install them. Device and operating system requirements may change over time. We may discontinue support for an operating system version or device class.

13.5 Apple-Specific Terms

These terms apply to any Track Time Alerts application you obtain from the Apple App Store. In the event of a conflict, this Section 13.5 controls over other provisions of these Terms as to the Apple-sourced application:

  • This agreement is with us, not Apple. These Terms are concluded between you and Off Camber LLC only, and not with Apple Inc. ("Apple"). Off Camber, not Apple, is solely responsible for the application and its content.
  • Scope of license. Your license to use the application is limited to a non-transferable license to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where applicable.
  • Maintenance and support. Off Camber is solely responsible for providing any maintenance and support services for the application. Apple has no obligation whatsoever to furnish any maintenance or support services.
  • Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) paid for the application. Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Off Camber's responsibility.
  • Product claims. Off Camber, not Apple, is responsible for addressing any claims relating to the application or your possession and use of it, including product liability claims, any claim that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
  • Intellectual property claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, Off Camber, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
  • Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Developer contact. Questions, complaints, and claims regarding the application should be directed to Off Camber LLC, Walworth, NY 14568, support@tracktimealerts.com.
  • Third-party terms. You must comply with any applicable third-party terms of agreement when using the application.
  • Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the Apple-sourced application, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

13.6 Google Play

Applications obtained from Google Play are additionally subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the applications.

14. Fees, Payments, Taxes, and Billing

14.1 Fees

Organizations pay for Event Days at the rate shown at checkout. Fees are presented before purchase and are charged upfront when the event is created, unless we agree otherwise in writing. Drivers pay nothing to use the Platform.

14.2 Payment Processing

Payments are processed by third-party payment processors. We do not store full payment card details. You authorize us and our processors to charge the payment method you provide for all amounts due, and you represent that you are authorized to use it.

14.3 Taxes

Fees are exclusive of all sales, use, excise, value-added, and similar taxes. You are responsible for all such taxes arising from your purchase, other than taxes based on our net income. Where we are required to collect a tax, we may add it at checkout or invoice it separately. If a taxing authority later determines that tax was due on a purchase and not collected, you remain responsible for that tax, and we may invoice you for it.

14.4 Price Changes

We may change our pricing. We will give at least 30 days' notice of a price increase by posting the new pricing on our website and, where we have your email address on file for the Organization, by email. Price changes do not affect Event Days already purchased. Introductory or early-access pricing is not a guarantee of future pricing.

14.5 Promotional Codes

Promotional codes, including GRIDPASS, are offered at our discretion and are subject to the following unless the offer states otherwise:

  • one code per Organization, applied at checkout only
  • no cash value, not redeemable for cash or credit, and not refundable
  • not transferable and not for sale
  • may not be combined with another offer
  • may be modified, suspended, or withdrawn at any time before redemption
  • void where prohibited, and void if obtained or used fraudulently or in a manner that circumvents Section 9

14.6 Non-Payment and Chargebacks

If a payment fails, is reversed, or is charged back, we may suspend or terminate the Organization's account, un-publish schedules, stop broadcasts, and disable events until the balance is resolved. We may charge a reasonable fee to cover bank or processor charges arising from a failed payment or chargeback, and we may recover our reasonable costs of collection.

If you believe a charge is incorrect, contact us first at support@tracktimealerts.com. Filing a chargeback without first contacting us is a breach of these Terms, and we may dispute it with records of your use of the Platform.

14.7 Refunds

Refunds, credits, and cancellations are governed by the Refund and Cancellation Policy. Except as that policy provides, fees are non-refundable.

15. Beta and Early-Access Features

We may offer features, modules, or applications identified as beta, preview, early access, pilot, or similar ("Beta Features"). Beta Features are provided for evaluation, are not part of the paid service, and may be incomplete, unstable, or changed or withdrawn at any time without notice. They are provided "as is" and "as available", without warranty or support commitment of any kind, and are excluded from any service commitment we may otherwise make. Do not use Beta Features for anything you cannot afford to lose or repeat manually. We may collect and use usage data and feedback about Beta Features under Section 10.5. To the maximum extent permitted by law, we have no liability arising from Beta Features.

16. Third-Party Services

The Platform depends on third-party services for functionality including authentication, hosting, email delivery, push notification delivery, storage, logging, monitoring, and payment processing. It may also interoperate with registration services such as MotorsportReg or ClubRegistration.net for roster import. We do not control those services, we are not responsible for their availability, performance, accuracy, or acts and omissions, and your use of a third-party service may be subject to that provider's own terms.

17. Intellectual Property

The Platform, including all software, text, graphics, layouts, logos, trademarks, and functionality, is the exclusive property of Off Camber LLC or its licensors and is protected by intellectual property laws. "Track Time Alerts" and the Track Time Alerts logo are marks of Off Camber LLC. Except for the limited license in Section 13.1, these Terms grant you no right in our intellectual property. You may not copy, modify, distribute, publicly display, or create derivative works from any part of the Platform without our prior written consent.

18. Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the above, we do not warrant that the Platform will be uninterrupted, timely, secure, or error-free; that Alerts will be delivered, delivered on time, or delivered to every recipient; that any information displayed is accurate or current; or that defects will be corrected. No advice or information, whether oral or written, obtained from us creates any warranty not expressly stated here.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

19. Limitation of Liability

19.1 Exclusion of Certain Damages

To the maximum extent permitted by law, Off Camber and its members, managers, officers, employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost track time, wasted expenditure, or loss of goodwill, arising out of or relating to the Platform, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not we have been advised of the possibility of those damages.

19.2 Matters We Are Not Liable For

Without limiting Section 19.1, and to the maximum extent permitted by law, we are not liable for:

  • any Alert that is late, early, duplicated, incorrect, or not delivered, and any decision made or not made in reliance on an Alert, including a missed or mistimed session (Section 4)
  • information entered by an Organization or its Administrators, including incorrect schedules, run groups, session times, pairings, documents, or rosters
  • the content, targeting, or timing of any broadcast composed and sent by an Organization or its Administrators
  • content submitted by Drivers or other participants, or conduct of any Organization, Administrator, Driver, venue, or other third party, whether online or at an event
  • the conduct, safety, staffing, cancellation, postponement, or operation of any event, or any injury, death, or property damage occurring at or in connection with an event
  • access to or use of your account by anyone using your credentials, email account, or device, whether or not authorized
  • failure, outage, delay, filtering, or throttling by any third-party service, network, carrier, device, or operating system
  • unauthorized access to or alteration of data by a third party, despite our reasonable safeguards
  • any Beta Feature

19.3 Cap on Liability

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Platform or these Terms will not exceed the greater of:

  1. the total fees paid to Off Camber by the Organization in the twelve (12) months immediately preceding the event giving rise to the claim; or
  2. twenty U.S. dollars (US $20.00).

This cap applies in the aggregate to all claims by you and, where you are an Organization, to all claims by you and your Administrators and Drivers combined. Multiple claims do not enlarge it.

19.4 Basis of the Bargain

The disclaimers and limitations in Sections 18 and 19 are a fundamental basis of the bargain between us, and reflect that the Platform is offered at low or no cost to the people who use it. They apply even if a limited remedy fails of its essential purpose.

19.5 Exceptions

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by our own negligence. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

20. Indemnification

You agree to defend, indemnify, and hold harmless Off Camber LLC and its members, managers, officers, employees, and contractors from and against any claim, demand, action, damage, loss, liability, penalty, cost, and expense (including reasonable attorneys' fees) arising out of or relating to:

  • your use of the Platform
  • your breach of these Terms or of any law or the rights of a third party
  • Organization Content or Driver Content you submit, including any claim that it infringes a third party's rights or was submitted without authority or required consent
  • broadcasts sent from your account
  • any event you organize, host, staff, or participate in, including any claim of injury, death, or property damage
  • any dispute between you and another Organization, Administrator, Driver, participant, venue, or sanctioning body

We may assume exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense. You will not settle any matter that imposes any obligation or admission on us without our prior written consent.

21. Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including: outages, degradation, throttling, suspension, or termination of service by hosting, storage, database, authentication, email, or push-notification providers (including Apple Push Notification service and Firebase Cloud Messaging); app store review, removal, or policy changes; internet, cellular, carrier, or venue network failures; power failures; cyberattacks, denial-of-service attacks, or malicious code; acts of God, severe weather, fire, flood, earthquake, or other natural disaster; epidemic or pandemic; war, terrorism, civil unrest, or government action or order; labor disputes; and changes in law. Our obligations are suspended for the duration of the event, and we will use commercially reasonable efforts to restore service.

Force majeure does not excuse an Organization's obligation to pay fees already incurred. How cancellations caused by weather or other circumstances beyond anyone's control are handled is set out in the Refund and Cancellation Policy.

22. Term, Suspension, and Termination

22.1 Term

These Terms apply from your first use of the Platform and continue until your account is terminated or, if you have no account, until you stop using the Platform.

22.2 Your Right to Stop

An Organization may stop using the Platform at any time, subject to outstanding payment obligations. A Driver may stop using the Platform at any time and may ask the Organization to remove them from an event.

22.3 Our Right to Suspend or Terminate

We may suspend or terminate access to the Platform, in whole or in part, with or without notice, if: you breach these Terms; we reasonably believe your use creates a risk to the Platform, to us, or to others; payment fails or is charged back; we are required to do so by law; or we discontinue the Platform or a part of it. Where practical and lawful, we will give notice before suspending an Organization with a live event.

22.4 Effect of Termination

On termination, your right to access the Platform ends. Sections 4, 7, 9.3, 10.2 (as to content already distributed), 10.3, 10.5, 11, 14 (as to amounts owed), 17, 18, 19, 20, 21, 24, and 25, and any other provision that by its nature should survive, survive termination.

23. Changes to These Terms

We may update these Terms. The current version is always posted at tracktimealerts.com/terms-of-service/ with a version number and date.

For material changes, we will give notice before they take effect — by email to the address on file for the account, by in-Platform notice, or both — and, where practical, at least 14 days in advance. Where the Platform presents updated Terms for active acceptance, continued use after the effective date, or clicking to accept, constitutes acceptance. If you do not agree to the updated Terms, stop using the Platform and, if you are an Organization, close your account; changes do not apply retroactively to Event Days already purchased.

Non-material changes — corrections, clarifications, formatting — take effect when posted.

24. Governing Law, Venue, and Dispute Resolution

24.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of New York, without regard to its conflict of law principles, and without application of the United Nations Convention on Contracts for the International Sale of Goods.

24.2 Venue

You and Off Camber agree that the exclusive venue for any dispute arising out of or relating to these Terms or the Platform is the state courts located in Wayne County, New York, or the United States District Court for the Western District of New York. You consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.

24.3 Jury Trial Waiver

To the maximum extent permitted by law, you and Off Camber each knowingly and voluntarily waive any right to a trial by jury in any action arising out of or relating to these Terms or the Platform.

24.4 Attorneys' Fees

In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees, expert fees, and costs, in addition to any other relief awarded.

24.5 Time Limit

To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be brought within one (1) year after the claim arises, or it is permanently barred.

24.6 Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

25. General Provisions

25.1 Entire Agreement

These Terms, together with the Privacy Policy and the Refund and Cancellation Policy, are the entire agreement between you and Off Camber regarding the Platform, and supersede all prior or contemporaneous understandings, proposals, and communications on the subject. Any additional or different terms in a purchase order, vendor form, or similar document you provide are rejected and have no effect unless we sign them.

25.2 Severability

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions will remain in full force and effect.

25.3 No Waiver

Our failure to enforce any provision is not a waiver of it. A waiver is effective only if in writing and signed by us.

25.4 Assignment

You may not assign or transfer these Terms or any right under them without our prior written consent, and any attempt to do so is void. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. These Terms bind and benefit the parties' permitted successors and assigns.

25.5 Notices

We may give notice to you by email to the address associated with your account, by posting within the Platform, or by posting on our website. Notice is effective when sent or posted. You must give notice to us in writing at support@tracktimealerts.com, with a copy to Off Camber LLC, Walworth, NY 14568. You are responsible for keeping your account email address current.

25.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and Off Camber.

25.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly stated in Section 13.5 with respect to Apple.

25.8 Headings and Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafter.

25.9 Export and Government Use

You agree to comply with all applicable export control and sanctions laws. The Platform is a "commercial item" as defined in 48 C.F.R. 2.101, and any use by or for the U.S. Government is subject to these Terms.

25.10 Language

These Terms are written in English. Any translation is provided for convenience only, and the English version controls.

26. Contact Information

For questions regarding these Terms:

Off Camber LLC Walworth, NY 14568 General and legal: support@tracktimealerts.com Privacy: privacy@tracktimealerts.com