Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website, platform, and services (collectively, the “Service”) provided by TrackPass(“Company,” “we,” “us,” or “our”). TrackPass is the marketing name for M.R.BRIX LLC. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to register an account or sign a waiver on your own behalf. Riders under 18 may participate only when a parent or legal guardian has signed the applicable waiver and consents on their behalf through the TrackPass minor-onboarding flow.

2. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

3. Waivers and Assumption of Risk

Motocross is an inherently dangerous activity. By signing a waiver through TrackPass, you acknowledge and assume the risks of riding, including the risk of serious injury or death. TrackPass does not own, operate, inspect, or supervise any track. The track owner is solely responsible for facility safety, conditions, supervision, and event operations. TrackPass provides the digital infrastructure for waivers, payments, and check-in only.

4. Acceptable Use

You agree to use the Service only for lawful purposes. You will NOT:

• Impersonate another person, including signing a waiver in someone else's name.
• Provide false, misleading, or inaccurate information.
• Attempt to circumvent payment, check-in, or waiver-validation flows.
• Use the Service to harass, threaten, or harm any other user or track.
• Attempt to access, scrape, or interfere with accounts, tracks, or systems that are not yours.
• Use the Service to transmit malware, phishing links, or any harmful code.
• Violate any applicable federal, state, or local law, including the TCPA, CCPA, and GDPR where applicable.

5. SMS Messaging Compliance

TrackPass sends two categories of messages: (a) transactional messages tied to your activity (receipts, waiver reminders, check-in confirmations); and (b) marketing messages (launch notifications, optional product updates) sent only with your prior express written consent.

• Consent: Marketing SMS are only sent to users who opt in via a clearly labeled checkbox or other documented consent mechanism.
• Opt-Out: You may opt out at any time by replying STOP. UNSUBSCRIBE, CANCEL, QUIT, and END are also honored.
• Frequency: Marketing message frequency is typically low (a few per year at most). Transactional message frequency depends on your activity.
• Rates: Standard message and data rates from your wireless carrier may apply.
• Records: We maintain consent records for the period required by applicable law.

6. Billing & Payments

• Track-Owner Plans: Track owners are billed for TrackPass at the rate disclosed at checkout. Plans may be free or paid depending on the offering at the time of signup.
• Rider Payments: Riders pay gate fees, membership dues, and similar amounts directly to the track through the TrackPass payment flow. Refunds for those payments are governed by the individual track's policies.
• Payment Processing: All payments are processed securely by Stripe, Inc. By using the Service, you agree to Stripe's terms of service.
• Cancellation: Track owners may cancel a paid subscription at any time. Cancellation takes effect at the end of the current billing period; no refunds are issued for partial periods.
• Price Changes: We may modify pricing with 30 days' notice. Continued use after the effective date constitutes acceptance.

7. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and trademarks, is the property of M.R.BRIX LLC and is protected by intellectual property laws. “TrackPass” is a trademark of M.R.BRIX LLC. You may not copy, modify, distribute, or create derivative works from any part of the Service without our written permission.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include violation of these Terms, non-payment, fraud, or abuse. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including waiver, indemnification, limitation of liability, and dispute resolution) will survive.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE MAKE NO WARRANTIES REGARDING THE CONDITION, SAFETY, OR OPERATION OF ANY TRACK USING THE SERVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, M.R.BRIX LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY ACTIVITY AT ANY TRACK. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless M.R.BRIX LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or regulation; or (d) your activity at any track accessed through the Service.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State in which M.R.BRIX LLC is organized, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

13. Changes to Terms

We may modify these Terms at any time by posting an updated version on this page and updating the effective date. Material changes will be communicated through email or in-app notice when reasonable. Continued use of the Service after changes constitutes acceptance.

14. Contact