Terms of Use Effective Date: December 2023 

 

By clicking 'I Accept,' or by creating an TracksandTrucks.com account, or by accessing or otherwise using the TracksandTrucks.com website ("TracksandTrucks"), you agree to be bound by these TracksandTrucks Terms of Use ("Terms of Use") as of the date of initial sign-up ("Registration Date") as well as any applicable laws, statutes, and regulations. You must be at least eighteen (18) years of age to use TracksandTrucks; if you are under eighteen (18) years of age, please do not create a TracksandTrucks account. 

 

1. About The Tracks and Trucks Website 

 

TracksandTrucks.com is provided by Tracks and Trucks LLC, a Georgia Limited Liability Company (the "Company"). Tracks and Trucks LLC is licensed in the State of Georgia, U.S.A. By creating a TracksandTrucks account, you may be able to participate as buyer or seller in classified advertising (the “Services”). The actual contract for sale is directly between the seller or buyer, however. As such, TracksandTrucks is simply an online marketplace. TracksandTrucks has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item; Each TracksandTrucks account may only be used by a single, named user. Subject to these Terms of Use, including (without limitation) payment of the applicable fee(s) detailed on the site, the Company shall grant you access to the content, features, and functionality made available on TracksandTrucks. 

 

2. Using the Tracks and Trucks Website 

 

The Company makes TracksandTrucks available on a 'one-user-per-account' basis. You may not share your TracksandTrucks account or your TracksandTrucks username and password combination with anyone else. You shall use your best efforts to prevent unauthorized access to or use of your TracksandTrucks account and shall notify the Company immediately upon discovery of any unauthorized access or use. You shall not sell, resell, rent, or lease your access to TracksandTrucks or offer the site’s Services to any third party. You shall not use TracksandTrucks to store or transmit any infringing, libelous, or otherwise unlawful or tortious material. You shall not use TracksandTrucks to store or transmit malicious code or software that will impair the functionality of TracksandTrucks or other websites or devices, or otherwise access TracksandTrucks in a manner not specifically authorized by these Terms of Use. You shall not interfere with or disrupt the performance of TracksandTrucks or attempt to gain unauthorized access to TracksandTrucks for yourself or for others. You shall not copy, frame, or mirror any part of the site or any content made available on it. You shall not reverse-engineer TracksandTrucks or the Services thereto. You shall not access TracksandTrucks in order to build a competitive product or service or to copy any features, functions, or content made available on the site. You shall not remove any patent, copyright, trademark, trade secret, or any other proprietary rights notices from any part of the site or the materials made available on the site. 

 

In connection with using or accessing the Services you will not: 

 

• post, list or upload content or items in inappropriate categories or areas on our site; 
• breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status; 
• buy or sell counterfeit items or anything otherwise prohibited under applicable federal, state or local laws; 
• use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools, or are a person with whom transactions are prohibited under economic or trade sanctions; 
• fail to pay for items purchased by you, unless you have a valid reason, for example, the seller has materially changed the item's description after your offer, a clear typographical error is made, or you cannot contact the seller; 

 

• fail to deliver items sold by you, unless you have a valid reason, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer; 
• manipulate the price of any item or interfere with any other user's listings; 
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content; 
• take any action that may undermine the feedback or ratings systems;  

 

• transfer your TracksandTrucks account (including Feedback) and user ID to another party without our consent; 
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; 
• distribute viruses or any other technologies that may harm TracksandTrucks or the interests or property of users; 
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of the Company; 
• interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; 
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to the Company. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to the Company or someone else; 
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you; 
• harvest or otherwise collect information about users without their consent; or 
• circumvent any technical measures used to provide the Services. 

 

If we believe you are abusing TracksandTrucks and/or our Services in any way, including offering or referencing your contact information in the context of buying or selling outside of TracksandTrucks, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

 

Furthermore, we may cancel unconfirmed accounts or accounts that we, in our sole discretion have determined to have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion. 

 

3. Selling Conditions 

 

When listing an item for sale on TracksandTrucks, you hereby agree with the following: 

 

• Unless otherwise specified by us in writing; all fees incurred on the TracksandTrucks website are non-refundable. Fees may be flat and/or percentage based; pre-paid and/or post-paid. Although this list is not exclusive, fees that may be incurred include listing, upgrade, category, online store, final value, banner advertising, placement, images, highlighting, bolding, or other fees, 
• You are responsible for the accuracy and content of the listing and item offered, 
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). TracksandTrucks can't guarantee exact listing durations, 
• Your listings may renew automatically and/or every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or TracksandTrucks, in its sole discretion, 
• Content that violates any of TracksandTrucks's policies may be modified, obfuscated or deleted at TracksandTrucks's discretion, 
• We may revise product data associated with listings to supplement, remove, or correct information, 
• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: 
• buyer's location, search query, browsing site, and history; 
• item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; 
• seller's history, including listing practices, Detailed Seller Ratings, 

TracksandTrucks policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query, 

 

• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer, 
• Some advanced listing upgrades will only be visible on certain Services, 
• Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results, 
• We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers. 

 

4. Buying Conditions 

 

When purchasing an item on TracksandTrucks, you hereby agree with the following: 

 

• You are responsible for reading the full item listing before making an offer or commitment to buy, 
• We are not responsible for shipping and delivery of items, and that is to be arranged exclusively between buyer and seller,  
• You are entering into a legally binding contract to purchase an item when you commit to buy an item or your offer for an item is accepted 
• For motor vehicles and real estate, an offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller, 
• We do not transfer legal ownership of items from the seller to the buyer 

 

5. Fees & Taxes 

 

You are responsible for all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether such exactions are imposed directly upon you or upon the Company) ("Taxes") imposed on your use of TracksandTrucks. "Taxes" do not include any taxes that are imposed on or measured by the net income of the Company. 

 

If any of your payments are disputed, retracted, revoked, or otherwise withdrawn, the Company may, without limiting its other rights and remedies, suspend your access to TracksandTrucks until such amounts are paid in full. 

 

We may change our seller fees from time to time by posting the changes on TracksandTrucks.com fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all TracksandTrucks Services. Additionally, there may be recurring membership fees for some account types with certain fees being due in advance or invoiced, based on account type. 

And and all fees and/or deposits paid to TracksandTrucks in advance of, during, and/or after any sale,,listing or posting for any present or future service or action requested of TracksandTrucks are non-refundable.

 

You must have a payment method on file when selling through TracksandTrucks and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and suspend or limit Services. In addition, TracksandTrucks, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.  

 

In any jurisdiction where TracksandTrucks has an obligation to collect sales taxes on sales you make using TracksandTrucks Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.

 

6. Returns & Cancellations 

 

Sellers may remove or customize their return preferences in their account settings. The cost of return shipping for an item that is not as described is the seller's responsibility. 

 

7. Intellectual Property Rights & Content 

 

Your use of TracksandTrucks involves the Company's intellectual property, and your use of that intellectual property is governed by these Terms of Use. You acknowledge and agree that the Company is the sole and exclusive owner of all TracksandTrucks content and accompanying intellectual property rights. The Company reserves all right, title, and interest in and to the TracksandTrucks content and intellectual property, including but not limited to patent, copyright, trademark, trade secret, and other proprietary rights. Your limited license to use TracksandTrucks content is expressly limited by these Terms of Use. 

 

You may not alter or modify any TracksandTrucks content. You may not distribute any TracksandTrucks content in any manner not specifically anticipated by these Terms of Use. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any TracksandTrucks content. 

 

The site may allow you to provide written feedback on one or more aspects of the site. If you choose to provide such feedback, the Company may use such feedback to alter or improve the site and its associated functionality. The Company has no duty to view or use any feedback you provide, nor to attribute any feedback to you. You will not be compensated for any feedback you submit. 

 

When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against TracksandTrucks, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.

 

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. TracksandTrucks takes no responsibility and assumes no liability for any content provided by you or any third party. 

 

We offer product data (including images, descriptions and specifications) that are provided by third parties (including TracksandTrucks users). You may use that content solely in your TracksandTrucks listings. TracksandTrucks may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

 

We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. Furthermore, the materials appearing on www.TracksandTrucks.com could include technical, typographical, or photographic errors. TracksandTrucks does not warrant that any of the materials on its web site are accurate, complete, or current. TracksandTrucks may make changes to the materials contained on its web site at any time without notice. You also agree that TracksandTrucks is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate. 

 

The name "TracksandTrucks" and other TracksandTrucks marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Tracks and Trucks LLC. They may not be used without the express written prior permission of the Company. 

 

8. Data & Privacy 

 

In order to deliver the Services and site to you, the Company must collect personal information from you. The Company will use your personal information in accordance with the Company's Privacy Policy. In order to provide you with ongoing access to Services and the site to you, the Company will store personal information associated with your TracksandTrucks account for as long as your TracksandTrucks account remains active. 

 

If your TracksandTrucks account becomes inactive for over twelve (12) months, the Company reserves the right to terminate your TracksandTrucks account and anonymize the personal information associated with your TracksandTrucks account. If your TracksandTrucks account is terminated or anonymized, then you will lose access to your TracksandTrucks account and all associated data. Once your TracksandTrucks account has been terminated or anonymized, you will be required to create a new account for further use of the Services. 

 

At all times, including while your TracksandTrucks account remains active or inactive and thereafter, the Company reserves the right to retain all data generated via TracksandTrucks in non-personally identifiable format for the Company's research, product development, and other business purposes, also sharing this aggregate or anonymous information with any third parties that either operate this site or administer activities on the Company’s behalf. 

 

Furthermore, this site may contain links to other websites. As such, the Company is not responsible for the privacy practices or the content of such websites or for the privacy policies and practices of other third parties or for any potential damages arising out of or in connection with the site to which it is linked. Your navigating to any unrelated site is at your own risk. The existence of a link between this site and any other website is not and should not be construed as an endorsement by the Company, and it is strictly prohibited to link other sites with this site without the Company’s prior written authorization. 

 

If TracksandTrucks provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so. 

 

Cookies 

 

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used for enhancing user experience, as well as to provide information to the owners of the site. 

 

How do I change my cookie settings? 

 

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org. 

 

To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout. 

 

9. Disclaimer of Warranties & Limitation of Liability 

 

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Listing updates, revisions and other notification functionality in TracksandTrucks's applications may not occur in real time. Such functionality is subject to delays beyond TracksandTrucks's control. 

 

The Company will use commercially reasonable efforts to make TracksandTrucks available at all times except for planned downtime and unavailability caused by circumstances beyond the Company's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures or Internet service provider failures.  

 

Notwithstanding any of the foregoing, you have no expectation regarding the availability of TracksandTrucks; the Company reserves the right to make TracksandTrucks unavailable, either temporarily or permanently, by providing written notice via the site, and you agree that your use of TracksandTrucks is not contingent upon the delivery of any additional functionality or any additional support from the Company.  

 

Furthermore, you agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement. 

 

IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY'S LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS OF USE.

 

In addition, to the extent permitted by applicable law, we (including our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the following: 

 

• the content you provide (directly or indirectly) using the Services; 
• your use of or your inability to use our Services; 
• pricing, shipping, format, or other guidance provided by TracksandTrucks; 
• delays or disruptions in our Services; 
• viruses or other malicious software obtained by accessing or linking to our Services; 
• glitches, bugs, errors, or inaccuracies of any kind in our Services; 
• damage to your hardware device from the use of any TracksandTrucks Service; 
• a suspension or other action taken with respect to your account or breach of the Abusing TracksandTrucks Section above; 
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or 
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. 

 

Furthermore, we (including our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any personal harm, including but not limited to illness, death, or infectious disease, resulting from in-person meetings between buyer and seller or any other individuals for the inspection and pick-up of purchased items. 

 

Notwithstanding the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the price the item sold for on TracksandTrucks (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (c) $100. 

 

10. Release 

 

If you have a dispute with one or more users, you release us (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 

 

11. Indemnity 

 

You will indemnify and hold us (including our officers, directors, employees and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of TracksandTrucks' Services or your breach of any law or the rights of a third party.

 

12. Term & Termination 

 

Your use of TracksandTrucks shall be governed by these Terms of Use starting on your Registration Date. If the Company determines, in its sole discretion, that you have breached these Terms of Use, then the Company may terminate your TracksandTrucks account by providing written notice to your email address on file with the Company. Such termination by the Company shall be effective as of the date the Company provides such notice. If your account is deleted, then you will lose all access to TracksandTrucks and your TracksandTrucks account data. 

 

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

 

13. Legal Disputes 

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TRACKSANDTRUCKS HAVE AGAINST EACH OTHER ARE RESOLVED. 

 

You and TracksandTrucks agree that any claim or dispute at law or equity that has arisen, or may arise, between you and TracksandTrucks (including any claim or dispute between you and a third-party agent of TracksandTrucks) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of TracksandTrucks or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. 

 

1. Applicable Law 

 

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Georgia, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and TracksandTrucks, except as otherwise stated in this User Agreement. 

 

1. Agreement to Arbitrate 

 

You and TracksandTrucks each agree that any and all disputes or claims that have arisen, or may arise, between you and TracksandTrucks (including any disputes or claims between you and a third-party agent of TracksandTrucks) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of TracksandTrucks or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. 

 

1. Prohibition of Class and Representative Actions and NonIndividualized Relief 

 

YOU AND TRACKSANDTRUCKS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRACKSANDTRUCKS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and TracksandTrucks's right to appeal the court's decision. All other claims will be arbitrated. 

 

2. Arbitration Procedures 

 

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide. 

 

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. 

 

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice. The Notice to TracksandTrucks should be sent to Tracks and Trucks LLC, Re: Notice of Dispute, P.O. Box 464; Hiram, GA 30141. TracksandTrucks will send any Notice to you to the physical address we have on file associated with your TracksandTrucks account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. 

 

If you and TracksandTrucks are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or TracksandTrucks may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to TracksandTrucks at the following address: Tracks and Trucks LLC, P.O. Box 464; Hiram, GA 30141.  In the event TracksandTrucks initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your TracksandTrucks account. Any settlement offer made by you or TracksandTrucks shall not be disclosed to the arbitrator. 

 

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or TracksandTrucks may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and TracksandTrucks subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or TracksandTrucks may attend by telephone, unless the arbitrator requires otherwise. 

 

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same TracksandTrucks user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 

 

3. Costs of Arbitration 

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse TracksandTrucks for all fees associated with the arbitration paid by TracksandTrucks. 

 

4. Severability 

 

With the exception of any of the provisions in Section 1 of this Agreement to 

Arbitrate ("Prohibition of Class and Representative Actions and NonIndividualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. 

 

5. Opt-Out Procedure 

 

IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT 

NOTICE TO Tracks and Trucks LLC, RE: TRACKSANDTRUCKS.COM OPT-OUT NOTICE, P.O. BOX 464, HIRAM, GA 30141 

 

You must complete the Opt-Out Notice by your full name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the TracksandTrucks Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. 

 

6. Future Amendments to the Agreement to Arbitrate 

 

Notwithstanding any provision in the User Agreement to the contrary, you agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against TracksandTrucks prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and TracksandTrucks. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.TracksandTrucks.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

 

1. Judicial Forum for Legal Disputes 

 

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in Paulding County, Georgia. You and the Company agree to submit to the personal jurisdiction of the courts located within Paulding County, Georgia for the purpose of litigating all such claims or disputes. 

 

14. Void Where Prohibited 

 

Tracks and Trucks LLC administers and operates TracksandTrucks.com from its location in Hiram, Georgia USA. Although the website is accessible worldwide and throughout the U.S., not all features, products or services offered are available to all persons or in all geographic locations. Any offer for any feature, product or service made on TracksandTrucks is void where prohibited. However, anyone choosing to access the website is solely responsible for complying with all applicable laws and regulations.  

 

15. Miscellaneous 

 

These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties. Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under shall be in writing. Notices to the Company shall be addressed using the information made available under the "Contact Us" portion of the site. All notices to you shall be addressed to the most recent contact information associated with your TracksandTrucks account. No failure or delay by the Company in exercising any right under these Terms of Use shall constitute a waiver of that right.

  

Other than as expressly stated herein, the Company's remedies provided herein are in addition to, and not exclusive of, any other remedies at law or in equity. 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of Use shall remain in effect. You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of the Company.

  

These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed exclusively by the internal laws of the State of Georgia, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. These Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. 

 

The Company may update these Terms of Use at any time for any reason by providing written notification via the site. You should periodically visit this page to review the current terms to which you are bound. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. 

 

Contact Us

If you have any questions about this User Agreement, please contact us.

We will attempt to respond to your questions or concerns promptly after we receive them.

TracksandTrucks.com

P.O. Box 464

Hiram, Georgia 30141

PRIVACY POLICY

Effective Date: December 2023

TracksandTrucks.com is provided by Tracks and Trucks LLC., a Georgia Limited Liability Company (the "Company").

We work diligently to protect the privacy, confidentiality, and security of the personal information (defined below) that we receive.

This Privacy Policy describes the principles and practices that apply to the personal information that we collect from individuals online or offline (“you”), such as individuals who browse through TracksandTrucks.com, register on TracksandTrucks.com, use the services provided on TracksandTrucks.com, interact with TracksandTrucks.com, communicate with Tracks and Trucks LLC through telephone, email, text, or other communications means, participate in our interviews, surveys, or promotions, read or receive our newsletters, or apply for employment with us.

Privacy Principles

This Privacy Policy is based on the following privacy principles:

• Access : In those instances where we control your data, we will provide you with (i) the opportunity to confirm whether we are processing your personal information; (ii) a way to obtain a copy of your personal information that we process; (iii) the ability to restrict or object to the processing of your personal information; and (iv) the ability to correct, amend, or delete personal information that is inaccurate; all within a reasonable amount of time from the time you submit such a request.
• Accountability for Onward Transfer: We will not disclose your personal information to third parties other than as described in this Privacy Policy or our written agreements with you, and our agreements with third parties with whom we share personal information will reflect our privacy principles.
• Accuracy : We take reasonable steps to ensure that the personal information we have is accurate or rectified without delay if it is determined to be inaccurate.
• Choice : We will provide you with mechanisms that will allow you to opt out of (i) our direct marketing campaigns; (ii) the disclosure of your personal information to third parties who are not acting as our agents; and (iii) the use of your personal information for purposes that are materially different from the purpose for which we originally collected the personal information.
• Data Integrity: You will be able to (i) view the personal information that we have about you; (ii) correct or modify your personal information if it is inaccurate or incomplete; and (iii) limit the collection of data to such data that is relevant to the products and services we provide to you or on your behalf.
• Data Minimization: We process only that personal information which is adequate, relevant, and necessary to achieve the purposes for which it is collected
• Integrity, Confidentiality, and Security: We take reasonable measures to protect the security of your personal information, and our agreements with third parties with whom we share personal information require similar protections.
• Lawfulness, Fairness, and Transparency: We will process your personal information only when we have a legal basis for doing so, and we will process your personal information in a manner that is fair and transparent to you.
• Non-Discrimination: We will not discriminate against you if you choose to exercise your privacy rights.
• Notice: We will not collect or transfer your personal information without your knowledge. We inform you of such collection and transfer through this Privacy Policy, our written agreements with you, and other disclosures we make available on TracksandTrucks.com.
• Purpose Limitation: We collect personal information only for specific, explicit, and legitimate purposes, and refrain from further processing that personal information in any manner that is incompatible with those purposes (subject to our reasonable archive, backup, and research practices).
• Recourse, Enforcement, and Liability: We have processes for handling complaints relating to use of your personal information.
• Storage Limitation: We keep data in personally identifiable form only for as long as necessary to achieve the purposes for which it is being processed (subject to our reasonable archive, backup, and research practices).

Your Agreement to this Privacy Policy 

By clicking 'I Accept,' or by creating a TracksandTrucks.com account, or by accessing or otherwise using the TracksandTrucks.com website ("TracksandTrucks.com") and submitting personal information, you agree to be bound by the TracksandTrucks.com Privacy Policy ("Policy") as of the date of initial sign-up ("Registration Date") as well as any applicable laws, statutes, and regulations.  
 
Furthermore, you agree that we may collect, use, disclose, store, transmit, and/or process such personal information in accordance with this Privacy Policy or as required by law. If you reside in a country or territory that restricts the transfer of personal information out of that country or territory, you agree to the transfer, storage, and processing of your personal information to countries that may not have data protection laws which provide the same level of protection as those that exist in your country of residence.
 
Individuals under the age of eighteen (18) are not permitted to use TracksandTrucks.com. Should we discover that such an individual has sent personal information directly to us, we will use that information only to respond directly to that individual to inform him/her that we will not continue to process his/her personal information.
 

Updates

We reserve the right to revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective immediately, and we encourage you to check this Privacy Policy often for any changes.
 

Links to External Websites

 
TracksandTrucks.com may link to websites that are operated by third parties. Because such websites are not operated by the Company, they are not subject to this Privacy Policy. We recommend that you read the privacy statements that are posted on these third-party websites to understand their procedures for collecting, using, and disclosing personal information.
 

What Personal Information We Collect and How

 
We collect only such personal information as necessary to (i) provide our products or services to you; (ii) inform you about our products and services; (iii) continue our research in the field; and (iv) improve TracksandTrucks.com, our products or services, and your experience interacting with us. We describe below the different ways in which we collect or obtain personal information. Unless otherwise stated below, the legal basis for our processing of your personal information is our legitimate business interest in (i) providing TracksandTrucks.com and our products or services to you; or  (ii)  considering  you  as  a candidate for employment with us. While the Company may disclose your personal information for the business purposes set forth below, the Company does not sell your personal information to third parties.
 
If you visit TracksandTrucks.com: We automatically collect the related Session Data. Session Data is provided to us by your browser, by third-party integrations on TracksandTrucks.com, and through our log files, which record your activities while browsing TracksandTrucks.com, such as when you click on a link. We may record some of this data in one or more cookies that we send to your browser. Furthermore, we may collect your computer's internet address and referring website URL.
 
If you register or create an account: We require that you provide certain personal information during account registration. We collect your name, email address, contact information, date of birth, credit card payment information, and may ask you for other optional information that helps us serve you better. 

If you complete an Assessment: We collect your name, email address, contact information, Assessment responses, Session Data, and other information you may choose to provide or associate with your account. In some cases, we ask questions to which the response is optional (such as demographic questions), and these questions are identified as such. In some instances, these optional demographic questions may involve collection of special categories of personal information, such as information regarding your racial or ethnic origin. You are free not to respond to these optional questions. For all optional questions, our legal basis for processing your personal information is your explicit, informed consent.

If you participate in a survey: We may collect personal information such as your name, email address, and any other personal information that you may provide in your survey responses. Participation in surveys is optional, and we give you the ability to opt out of being contacted for surveys at any time.

If you sign up to receive marketing communications: We may collect information on the open rate of the communications, and whether a specific individual has clicked on a link contained in a particular communication. Our marketing communications contain instructions on how to opt out of receiving future marketing communications if you no longer wish to receive them.
 
If you interact with third parties regarding our Products or Services: We may receive personal information about you from third parties, such as from customers, websites where we advertise, business partners, and service providers. Some of this information pertains to a specific individual; other information can only be linked to an access point or a device.

If you apply for employment: We may collect personal information such as your name, email address, and any other personal information that you may provide in conjunction with your application. We use this information only to consider you as a candidate for the position for which you are applying and to contact you for legitimate purposes relating to that application.

If you use our mobile application: We may collect certain additional personal information from you, including your location information. We may also collect personal information relating to your third-party contacts, including any additional information you choose to add regarding such contacts, but only if you choose to make use of the app’s feature(s) that require or utilize this information.
 

How We Use Personal information

 
We use personal information in order to provide and enhance the products or services that we offer as explained below:
 
To facilitate the use of TracksandTrucks.com: We use Session Data to ease navigation throughout the TracksandTrucks.com website, to enhance navigation, keep track of login name and password in order to avoid requesting identity information when the visitor moves from page to page, and in general to enhance the quality of TracksandTrucks.com and the content provided.

For research purposes: We may use aggregated Session Data to better understand how TracksandTrucks.com is navigated, how many visitors arrive at specific pages, which pages or content attract more viewers, the length and frequency of stays at TracksandTrucks.com, the different types of searches of TracksandTrucks.com content and databases, the types of browsers and computer operating systems that our visitors use, and the IP addresses from which visitors connect to TracksandTrucks.com, in order to improve TracksandTrucks.com and enhance our content. We may use IP addresses to gather broad demographic information—information that is not associated with any individual and is therefore anonymous. We also use aggregated Assessment responses, demographic data, and other data to improve our products and services. We may use location information gathered from our mobile application(s) for research and development purposes.

For maintenance purposes: We may use IP addresses and Session Data to diagnose problems with our server and website.

For marketing purposes: We may use email addresses or other contact information to send mailings, newsletters, and other marketing communications regarding product information and releases. We may use your telephone number to contact you for marketing purposes. We may use pixel tags to monitor the open rate of our communications. This helps us understand the effectiveness of the communications that we send. We give you the ability to opt out of marketing communications at any time.

For survey analysis: The information that we collect through our surveys is not used other than to garner survey results and statistical analysis.
 

To Whom We Disclose Personal information

 
From time to time, we may disclose personal information to someone other than the individual who provided the personal information, as further described below:
 
Customers: The Company provides its customers with the information that they need to properly administer transactions. As such, each party consents to the exchange of personal information in order to facilitate said transactions 

Gift Recipients: If you purchase products or services for use by another individual (for example, as a gift), then we may provide the recipient of such Products or Services with your personal information.

Service providers: We may engage certain third parties to perform functions and provide services to us, including, without limitation, customer relationship management, contract management, order fulfillment, mass mailing, hosting and maintenance, database storage and management, business analytics, and direct marketing campaigns.
Pursuant to written agreements between the Company and these service providers, each of these service providers only has access to such personal information as necessary to fulfill its obligation to the Company, is not permitted to use personal information for any purposes other than those directed by the Company, and is required to act in a manner consistent with the privacy principles articulated in this Privacy Policy and applicable law.
 
To Defend or Enforce Our Rights: The Company may use personal information to protect itself, to respond to a breach of its Terms of Use (or other applicable legal terms), to prevent fraudulent activity, or where it is necessary to pursue available remedies. If a customer neglects to pay amounts due and owing to the Company, the Company may send that customer’s name, contact information, and account information to a third-party service provider for collection of overdue payments.

Co-Marketing Partners: We may collaborate with other companies to offer you additional products or services. We may share personal information that is necessary for these other companies to provide the products or services that you have requested. This Privacy Policy does not cover the use of your personal information by these companies. We encourage you to read the relevant company’s Privacy Policy before requesting any additional products or services.

Mergers & Acquisition; Bankruptcy: If any or all of the Company's assets are acquired by or merged with those of another entity, or in the unlikely event of a bankruptcy, we may disclose, share or transfer some or all of our users’ personal information to or with this entity in preparation of the transaction, as part of the due diligence, or after the transaction has been consummated, so that the successor entity can continue providing our services to our users. If the recipient of the personal information has privacy practices that do not meet the substance of this Privacy Policy, you will be given the opportunity to exercise your rights with respect to your personal information.

Law Enforcement; Litigation: Certain federal, state, local, or other government regulations may require that we disclose information that we hold. In such cases, we will use reasonable efforts to disclose only the personal information required under applicable law, such as in response to a facially valid court order, warrant or subpoena issued or made by a court, person or body. We may use or disclose personal information (a) if we believe in good faith that a law, regulation, rule or guideline requires it; or (b) to a person who needs the information because of an emergency that threatens the life, health or security of an identified group or person.

Aggregated data: Other than as stated above, if the Company provides a third party with personal information, it will be in the form of aggregated data and used for product development, research, or statistical analysis. Aggregated data are created from records that are stripped of all personal identifiers, such as aggregated Assessment responses.
 

Cookies and Other Technologies

 
A cookie is a small text file that a website sends to a visitor’s browser and that sends back information each time the visitor makes a request from the website. A cookie contains a unique identification number that identifies the visitor’s browser, but not necessarily the visitor. Cookies can be accepted, rejected, or identified by configuring a browser’s preferences or settings. Pixel tags or clear gifs are tiny graphics with a unique identifier that are embedded invisibly on a webpage and are used to track a visitor’s movements on a website. We use the information gathered by clear gifs to help us better manage content on TracksandTrucks.com. Cookies and pixel tags are used to help recognize a returning visitor, and to help customize the visitor’s online experience. Unless a visitor specifically informs us of his/her identity (e.g., by registering with us), we will not know who the individual visitor is.

TracksandTrucks.com uses cookies as follows:

• to collect Session Data and other session information.
• to process orders and to store order and shopping cart information.
• to store and hash usernames and passwords so that users do not have to re-enter this information each time they log in; and
• to collect analytics relating to visitors’ use of TracksandTrucks.com.

How We Retain Personal information

 
As a general principle, we keep data in personally identifiable form only for as long as necessary to achieve the purposes for which it is being processed (subject to our reasonable archive, backup, and research practices). In practice, that generally means we may retain your personal information (i) for as long as your account remains active; (ii) for as long as you continue to do business with us; or (iii) for as long as we are required or permitted to by applicable law. When your account becomes inactive (as determined by us in our sole discretion), or if you cease doing business with us, we may retain your personal information for an additional period for our reasonable archive and backup purposes. The duration of our retention of your personal information may be set forth more specifically in our written agreement(s) with you, or our applicable Terms of Use or other legal terms. At all times, both while you are a registered user and thereafter, we may retain user data in non-personally identifiable format for as long as the information is needed for our research, statistical analysis, product development, or other commercial purposes.  
 

How We Protect Personal information

 
We follow generally accepted industry standards to protect personal information, both during transmission and once we receive it. We use administrative, physical, and technical measures designed to protect personal information from unauthorized access, loss, misuse, disclosure, alteration, or destruction.
We use industry-standard technological means to protect personal information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security.
No method of transmission over the Internet, or method of electronic storage, is fully secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security, and will notify you promptly in the event of a data breach.  
 

Your Rights

 
We respect your rights as a data subject. In those instances when we are a data controller, we provide you with the rights described below. In those instances where we are a data processor, we will reasonably assist the data controller in facilitating your ability to exercise the rights below.

Right of access: You have the right to obtain confirmation as to whether or not your personal information is being processed. If your personal information is being processed, you have the right to access your personal information and the following information: (a) the purposes of the processing; (b) the categories of personal information concerned; (c) the recipients or categories of recipients to whom your personal information has been or will be disclosed (including international organizations and recipients in other countries); (d) where possible, the period for which your personal information will be stored or the criteria used to determine that period; (e) the existence of your right to request that the data controller rectify or erase your personal information, or restrict processing of your personal information, or to object to processing of your personal information; (f) your right to lodge a complaint with a supervisory authority; (g) the source of your personal information (if it was not obtained from you directly); and (h) the existence of any automated decision-making (including profiling) along with meaningful information about the logic of such automated decision-making and its consequences.

Right to rectification: You have the right to rectify inaccurate personal information concerning you. Taking into account the purposes of the processing, in some instances you will have the right to have incomplete personal information completed by providing supplementary written statements to us.

Right to erasure: You have the right to request erasure of your personal information when one of the following applies: (a) your personal information is no longer needed to achieve the purpose(s) for which it was originally collected or processed; (b) the processing of your personal information is based on your consent, you choose to withdraw that consent, and we have no other legal basis for ongoing processing; (c) you object to the processing and we have no overriding legitimate grounds for ongoing processing; (d) your personal information has been processed unlawfully; or (e) your personal information must be erased for compliance with applicable law. In those instances where you exercise this right against the Company as the data controller, we will accommodate your request to the extent practicable, and to the extent that it does not otherwise conflict with any of our other obligations. We reserve the right to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our contractual agreements.

Right to restriction of processing: You have the right to restrict processing of your personal information where one of the following applies: (a) you contest the accuracy of your personal information, in which case processing will be restricted for a period allowing the data controller to verify or rectify the accuracy of your personal information; (b) processing of your personal information is unlawful; (c) processing of your personal information is no longer necessary for the purpose(s) for which it was collected or processed but you require it for the establishment, exercise, or defense of legal claims; or (d) you object to the processing, in which case processing will be restricted for a period allowing the controller to demonstrate whether legitimate grounds exist that override your objection.

Right to data portability: Where technically feasible, and as related to personal information you have provided to a data controller based on your consent or a contract with you, you have the right to receive that personal information in a
structured, commonly-used and machine-readable format and to transmit that personal information to another controller if the processing of that personal information is performed by automated means.

Right to object to processing: In certain instances, you may have the right to object to processing of your personal information. Should you so object, the controller of your personal information must stop processing your personal information unless the controller can demonstrate (i) compelling legitimate grounds for ongoing processing of your personal information that override your objection; or (ii) the need for the establishment, exercise, or defense of legal claims.

Right not to be subject to automated decision-making: In certain instances, you have the right not to be subject to decisions based solely on automated processing (including profiling) that produces legal effects concerning you or otherwise significantly affects you. As of the effective date of this Privacy Policy, we do not engage in any such automated decision-making or profiling.

Right to opt-out of marketing communications: If you are receiving marketing communications from us and you wish to unsubscribe, you may do so by clicking on the “unsubscribe” link provided in the communication or by managing your marketing communication preferences on TracksandTrucks.com.

Right to block cookies: You have the right to block pixel tags and certain cookies. Most browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies, or prompt you before accepting a cookie from the website that you visit. If you decide not to accept our cookies, you may not be able to access portions of our products or services. Some cookies are strictly necessary for us to deliver our products or services, and those cookies cannot be disabled.

Right to non-discrimination: You have the right not to be discriminated against if you choose to exercise your privacy rights. As such, if you choose to exercise your privacy rights the Company will not: (i) deny you goods or services; (ii) charge you different prices or rates; (iii) provide a different level of service; or (iv) suggest that you will be provided with a different level of service. In some cases, the nature of the product or service you receive may differ depending on whether (or to what extent) you choose to provide personal information; however, in those cases there is a direct relationship between the product/service and the personal information you provide (for example: if you refuse to provide us with your email address, then our products and services that depend on delivering materials to you via email will not operate as intended).

California Privacy Rights: California law requires that individuals be informed when their personal information is shared with third parties for these third parties’ direct marketing purposes. Other than as described in this Privacy Policy, we do not disclose your personal information to third parties for the direct marketing purposes of these third parties. If our practices change in the future, we will inform you of the change and will provide you with an opportunity to opt out of such information sharing for direct purposes of a third party.
If the Company is the controller of your personal information and you wish to exercise any of the rights described above, please contact us with proof of identity, as provided in the Contact Us section of TracksandTrucks.com or below. In general, you can expect a response to your request within 30 days. However, if your request is complex or involves a high volume of data, the Company may inform you that the request could take up to an additional sixty (60) days. In some instances, fees may apply. If the Company is not the controller of your personal information, we will ask you to direct your request to the data controller, and the Company will reasonably assist the data controller in facilitating the request.  
 

Complaints and Disputes

 
If you have questions or complaints regarding our Privacy Policy or practices, you should first contact us as indicated in the Contact Us section of TracksandTrucks.com or below. However, if our efforts to resolve your complaint through the Company’s internal dispute resolution mechanisms are unsatisfactory, you agree to first attempt to settle in good faith the dispute through mediation. The mediator may propose any appropriate remedy, such as publicity for findings of noncompliance, payment of compensation for losses incurred as a result of noncompliance, or cessation of processing of the personal information who has brought the complaint. The mediation will be held online, and all documents and other correspondence will be transmitted through email.
If our efforts to resolve the dispute through mediation are unsuccessful, you agree to binding arbitration. Judgment on the award rendered by the arbitrator may be entered into any court having jurisdiction over the matter. The arbitration will be held online, and all documents and other correspondence will be transmitted through email.  
 

Contact Us

 
If you have any questions about (a) this Privacy Policy, or (b) the collection, use, management, or disclosure of your personal information, or (c) accessing, modifying, or closing your account, please contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them:

TracksandTrucks.com
P.O. Box 464
Hiram, Georgia 30141