Date of Last Revision: January 1, 2019.
Welcome to ATrack, an online database that helps Athletic Training Departments manage their programs.
The ATrack service and network (collectively, " ATrack "
or "the Service") are operated by Eternal Interactive, Inc.,
and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our
web site at www.atrackonline.com or the mobile version thereof (together the "Site"), you (the
"User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms
of Use" or "Agreement"), whether or not you are a registered member of ATrack. We reserve the right,
at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time
without further notice. If we do this, we will post the changes to these Terms of Use on this page
and will indicate at the top of this page the date these terms were last revised. Your continued use
of the Service or the Site after any such changes constitutes your acceptance of the new Terms of
Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or
continue to use or access) the Service or the Site. It is your responsibility to regularly check the
Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS,
AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users of the
Site who are eighteen (18) or older, are currently in college or in a college administrative /
faculty position. Any
registration by, use of or access to the Site by anyone under 18, is unauthorized, unlicensed and in
violation of these Terms of Use. By using the Service or the Site, you represent and warrant that
you are 18 or older and in college or in a college administrative / faculty position, and that you agree to and to abide by all of
the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete
information about you as may be prompted by any registration forms on the Site ("Registration
Data"); (b) maintain the security of your password and identification; (c) maintain and promptly
update the Registration Data, and any other information you provide to Company, to keep it accurate,
current and complete; and (d) be fully responsible for all use of your account and for any actions
that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics,
pictures, video, information, applications, software, music, sound and other files, and their
selection and arrangement (the "Site Content"), are the proprietary property of the Company, its
users or its licensors with all rights reserved. No Site Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in
any form or by any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own User Content (as defined below) that you
legally post on the Site. Provided that you are eligible for use of the Site, you are granted a
limited license to access and use the Site and the Site Content and to download or print a copy of
any portion of the Site Content to which you have properly gained access solely for your personal,
non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except
for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or
Extranet site or incorporate the information in any other database or compilation, and any other use
of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does
not include use of any data mining, robots or similar data gathering or extraction methods. Any use
of the Site or the Site Content other than as specifically authorized herein, without the prior
written permission of Company, is strictly prohibited and will terminate the license granted herein.
Such unauthorized use may also violate applicable laws including copyright and trademark laws and
applicable communications regulations and statutes. Unless explicitly stated herein, nothing in
these Terms of Use shall be construed as conferring any license to intellectual property rights,
whether by estoppel, implication or otherwise. This license is revocable at any time without notice
and with or without cause.
Trademarks
ATRACK, ATRACK ONLINE, ATEP, ATEPONLINE, Eternal Interactive, EI, and other Company graphics, logos, designs, page headers, button icons, scripts and
service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or
other countries. Company's trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection with any product or service in any manner
that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part,
without the prior written permission of the Company.
User Conduct
You understand that the Service and the Site are available for your personal, non-commercial use
only. You represent, warrant and agree that no materials of any kind submitted through your account
or otherwise posted, transmitted, or shared by you on or through the Service will violate or
infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or
other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful
material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the
Service or the Site by electronic or other means for the purposes of sending unsolicited
emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage,
disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or
the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to
be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing,
vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially,
ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an
individual other than yourself, or register for a User account on behalf of any group or
entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your
age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share 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;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or violate any local, state, national or
international law;
- use or attempt to use another's account, service or system without authorization from the
Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole
judgment of Company, is objectionable or which restricts or inhibits any other person from
using or enjoying the Site, or which may expose Company or its users to any harm or
liability of any type.
Privacy
We care about the privacy of our users. Click "Privacy Policy" at the bottom of the website to view
the ATrack's Privacy Policy. By using the Site or the Service, you are consenting to have your
personal data transferred to and processed in the United States.
Educational Standards Scoring, Collection and Storing
The Site and the Service facilitates the display, scoring and analysis of athletic training standardized
educational standards guidelines, scenarios, clinical experience hours logged, course matrix /
scheduling as well as other pertinent information. Throughout your educational process at your
institution scores and/or other information about you including clinical experience hour log and
schedules will be collected and analyzed by your specific college campus. This data will be
available to your AT Program Director for the purpose of evaluating and/or assigning grades.
Course grading is the sole responsibility of your campus AT Program Director. By using this system,
you also agree that historical aggregate data including, but not limited to your
educational standards scores and general demographic information may be used by the Company and/or
its third-party affiliates during your subscription and as a historical record if/when you are no
longer an ATrack subscriber. When collecting historical aggregate data, no personal data will be used to
tie any single score to any single individual.
Disclaimers
The Site and the Service may be temporarily unavailable from time to time for maintenance or other
reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, User communications. The Company is not responsible for
any technical malfunction or other problems of any telephone network or service, computer systems,
servers or providers, computer or mobile phone equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any Site or combination
thereof, including injury or damage to User's or to any other person's computer, mobile phone, or
other hardware or software, related to or resulting from using or downloading materials in
connection with the Web and/or in connection with the Service, including any Mobile Client software.
Under no circumstances will the Company be responsible for any loss or damage, including any loss or
damage to any User Content or personal injury or death, resulting from anyone's use of the Site or
the Service, any User Content or Third Party Applications, Software or Content posted on or through
the Site or the Service or transmitted to Users, or any interactions between users of the Site,
whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES), AND THE SITE CONTENT ARE PROVIDED
"AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF
THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT
THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY
PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD
EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO
YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or
contained in the Site and any Services and Platform Applications offered through the Site at any
time without notice. Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR
ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY OF THE
SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S
LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE,
YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE
ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any content, scores, or
information that you have posted on the Site or through any Platform and/or prohibit you from using
or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site)
for any reason, or no reason, at any time in its sole discretion, with or without notice, including
if it believes that you are under 18. When we are notified that a user has died, we will generally,
but are not obligated to, keep the user's account active under a special memorialized status for a
period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Texas,
without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of
any sort that might arise between you and the Company or any of our affiliates. With respect to any
disputes or claims not subject to arbitration (as set forth below), you agree not to commence or
prosecute any action in connection therewith other than in the state and federal courts of
Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of
Texas.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON
THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY
FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE
SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE
FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner
infringed upon or violated or threatened to infringe upon or violate the other party's patent,
copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct
rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not
an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no
disputes or claims relating to any transactions you enter into with a third party through the ATrack
may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the
"AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's
Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the
"AAA Rules"). The location of the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules and shall be subject to the
limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are
determined to be excessive in a consumer dispute, the Company will be responsible for paying all
arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The
arbitrator's award shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE
SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY
OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE
PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site
and/or the Service (including your visit to or use of the Site and/or the Service) be instituted
more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from and against any
loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees,
arising out of or in connection with any User Content, any Third Party Applications, Software or
Content you post or share on or through the Site (including through the Share Service), your use of
the Service or the Site, your conduct in connection with the Service or the Site or with other users
of the Service or the Site, or any violation of this Agreement or of any law or the rights of any
third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Site or the Service ("Submissions"), provided by you to Company are
non-confidential and shall become the sole property of Company. Company shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment
or compensation to you.
