The services of ClockCaster are owned and operated by Netrendity Networks, LLC. ("Netrendity"), its holding company. Our services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies, including, without limitation, ClockCaster's Privacy Policy.

Account & Services

To use the services available on ClockCaster, you must be granted an account by your organization. You agree to: (A) provide true, accurate, current and complete information about yourself ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that Netrendity may use your User Data to provide services on ClockCaster for which you have expressed interest. If you provide any information that is inaccurate or not current, or Netrendity has reasonable grounds to suspect that such information is inaccurate or not current, Netrendity has the right to suspend or terminate your account and refuse any and all current or future use of ClockCaster. In consideration of your use of ClockCaster, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

Payments

Certain amounts of entries require payment of usage fees at the time of setup. If you expect to have these entries work through ClockCaster, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by Netrendity) ("Payment Method"). By purchasing packages for those events on ClockCaster, you hereby authorize Netrendity to charge your Payment Method in advance for all applicable fees incurred by you in connection with the event. You hereby understand and agree that in most cases, Netrendity will charge your designated Payment Method in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. All fees shall be paid in U.S. dollars.

User Conduct

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into ClockCaster. You accept responsibility for all activities that occur under your account or from your device. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your content or the personal information you provide, and we cannot promise that our security measures will prevent third-parties from illegally accessing the services or its contents. You agree to immediately notify Netrendity of any unauthorized use of your account, or any other breach of security, and to accept all risks of unauthorized access to your data and any other information you provide to us. Netrendity will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such act or omission.

Responsibility of Users of the Service

You understand that all information, data, text, software, photographs, graphics, video, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with ClockCaster are the sole responsibility of the user from whom such Content originated. This means that you, and not Netrendity, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via ClockCaster. Netrendity has not reviewed, and cannot review, all of the material posted to ClockCaster, and cannot therefore be responsible for that material's content, use or effects. You understand that by using ClockCaster, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Netrendity be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available on ClockCaster.

You agree to not use ClockCaster to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a ClockCaster official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt ClockCaster or servers or networks connected to ClockCaster, or disobey any requirements, procedures, policies or regulations of networks connected to ClockCaster; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) ClockCaster or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to ClockCaster. You acknowledge that ClockCaster may or may not pre-screen or monitor Content, but that ClockCaster and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via ClockCaster. Without limiting the foregoing, ClockCaster and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with ClockCaster, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that ClockCaster may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ClockCaster, its users and the public. Subject to the foregoing, ClockCaster will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

ClockCaster is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of ClockCaster, use of ClockCaster or access to ClockCaster. You understand that use of certain features of ClockCaster may require you to purchase third party equipment or materials (e.g., GPS systems). While ClockCaster may recommend the equipment or materials of certain third party suppliers, ClockCaster shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with ClockCaster or will be error-free.

Links

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Services and its Users link, and that link to the Services. ClockCaster does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, ClockCaster does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ClockCaster disclaims any responsibility for any harm resulting from your use of linked-to or linked-from websites and webpages.

You are granted a limited, non-exclusive right to create a text hyperlink to ClockCaster, provided such link does not portray ClockCaster or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on ClockCaster for your personal, non-commercial use, solely as described on ClockCaster. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

Copyright Infringement and DMCA Policy

As ClockCaster asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ClockCaster Services violates your copyright, you are encouraged to notify ClockCaster in accordance with ClockCaster’s Digital Millennium Copyright Act (“DMCA”) Policy. ClockCaster will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ClockCaster will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ClockCaster or others.

Intellectual Property

This Agreement does not transfer from ClockCaster to you any ClockCaster or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ClockCaster. ClockCaster, ClockCasterhq.com, the ClockCaster logo, and all other trademarks, service marks, graphics and logos used in connection with ClockCaster, or the Services are trademarks or registered trademarks of ClockCaster or ClockCaster’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of ClockCaster grants you no right or license to reproduce or otherwise use any ClockCaster or third-party trademarks.

Advertisements

Netrendity reserves the right to display advertisements.

Attribution

Netrendity reserves the right to display attribution links on shares to social networks, share pages that aggregate stories and related social context (comments, likes, etc) such as 'Published by ClockCaster'.

Changes

Netrendity reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to ClockCaster following the posting of any changes to this Agreement constitutes acceptance of those changes. Netrendity may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Netrendity may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ClockCaster account (if you have one), you may simply discontinue using the Services. Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

ClockCaster is provided "as is". Netrendity and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Netrendity nor its suppliers and licensors, makes any warranty that ClockCaster 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, ClockCaster at your own discretion and risk.

Limitation of Liability

In no event will Netrendity, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Netrendity under this agreement during the twelve (12) month period prior to the cause of action. Netrendity shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of ClockCaster will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of ClockCaster will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless ClockCaster, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of ClockCaster, including but not limited to your violation of this Agreement.

Miscellaneous

This Terms of Use Agreement constitutes the entire agreement between Netrendity and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Netrendity, or by the posting by Netrendity, a revised version. Except to the extent applicable law, if any, provides otherwise, this Terms of Use Agreement, any access to or use of the service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Ana, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Netrendity may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Feedback

If you have a question, concern or feedback about the Terms of Use, please use our contact form on our homepage.

Thank you for using ClockCaster ("we," "us" or "our"). Your privacy is extremely important to us. ClockCaster runs a service designed to help you find races that interest you. To do that we need to collect certain pieces of information. We take this as our commitment to your privacy.

Netrendity Networks, LLC ("Netrendity"), ClockCaster's holding company, operates this website, its mobile applications and other services, including ClockCaster.com, its administrative portal, Apple® iPhone® and iPad® applications, and API services (collectively, the "Services"). It is Netrendity's policy to respect your privacy regarding any information we may collect while operating our services.

What does ClockCaster Collect?

ClockCaster only collects personal information about you if you voluntarily choose to share it with ClockCaster. If you obtain an administrative portal account for ClockCaster, we ask you to complete our registration form and agree to our Terms of Use. During registration you will be required to provide personal information such as your name and email address; your email address won't be shared with any of our other users.

Cookies

When you use ClockCaster, a cookie will be stored on your computer. Our cookie works by assigning to your computer a unique number that has no meaning outside of ClockCaster. ClockCaster's cookies do not contain any personally identifying information. ClockCaster uses cookies to assist it in delivering content specific to your operation via a regional proxy based on your location. When using our administrative portal, after you've entered your username and password during a session on ClockCaster's website, ClockCaster saves that information so you don't have to re-enter it repeatedly during the session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of ClockCaster unavailable to you.

Transport Layer Security (TLS)

ClockCaster uses TLS (Transport Layer Security) encryption when transmitting all information. An icon resembling a padlock is displayed on the address bar of most browsers' URL bar during TLS transactions. Using TLS for all data transfer ensures that any sensitive information transferred to and from ClockCaster (including payment information, your password, or the cookie mentioned above) will always be encrypted on its journey between you and our systems.

Please be aware that on occasion we may need to adjust our security settings due to Payment Card Industry (PCI) Compliance which may affect how older web browsers functions. We encourage you to use an updated browser to mitigate this issue.

Log Files

Like most website, mobile application, and internet service operators, ClockCaster collects logs containing non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. ClockCaster's purpose in collecting non-personally identifying information is to better understand how ClockCaster's visitors use its website. From time to time, ClockCaster may release non-personally-identifying information in the aggregate; for example, by publishing a report on trends in the usage of its website. In addition, ClockCaster uses Google Analytics as a method of tracking site statistics and user behavior on ClockCaster.

ClockCaster also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in and logged out users at ClockCasterhq.com. ClockCaster only discloses logged-in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Protecting your Information

ClockCaster discloses potentially personally-identifying and personally-identifying information only to those of its staff, contractors and affiliated organizations that (i) need to know that information in order to process it on the behalf of Netrendity or to provide services available at ClockCaster, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using ClockCaster's services, you consent to the transfer of such information to them. Netrendity will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Netrendity discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other government request, or when Netrendity believes in good faith that disclosure is reasonably necessary to protect the property or rights of the company, third parties or the public at large.

If you are a administrative user of ClockCaster and have supplied your email address, Netrendity may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with ClockCaster and our products. If you send us a request (for example via a support email or via one of our contact forms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Netrendity takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Policy Changes

If Netrendity makes changes to any terms or conditions of this Privacy Policy, these changes will be posted on this page in a timely manner. If Netrendity decides to change the Privacy Policy, it will post those changes on this Privacy Policy and other places ClockCaster deems appropriate. This may include the ClockCaster website, for a period of time Netrendity deems appropriate, so that you are aware of what information Netrendity collects, how Netrendity uses it, and under what circumstances, if any, Netrendity discloses it. Netrendity reserves the right to modify this Privacy Policy at any time, so please review it frequently. In case of a business transaction in which a portion or all of Netrendity's assets are acquired, Netrendity will notify you as described above in this paragraph. Your continued use of this site after any change in this privacy policy will constitute your acceptance of such change.

Questions?

If you have questions, concerns or feedback about the Privacy Policy, please use our contact form on our homepage.