Subscription Agreement

NASCAR Media Ventures ("NASCAR") and NBC Sports Ventures, LLC d/b/a Playmaker Media ("Playmaker"), as licensed distributor of NASCAR international digital content, (collectively, "Provider", "we", "our" or "us") offer Trackpass, a Subscriber Video on Demand mobile and tablet application, and its related website, services, products, and software (collectively, the "Service"). When you sign-up for a subscription to the Service, you agree to the terms and conditions set forth in this Subscription Agreement (this "Subscription Agreement"), the Terms of Service and our Privacy Policy.

We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Subscription Agreement at any time. If we make material changes to this Subscription Agreement, we will notify you of such changes via the Service. If you do not agree to this Subscription Agreement, you should not use the Service. This Subscription Agreement is part of and is incorporated by reference into the Terms of Service, and all terms and provisions of the Terms of Service shall apply to your use of the Service. In the event of any conflict between the Terms of Service and this Subscription Agreement, the terms of this Subscription Agreement shall govern.

  1. Payments; Fees and Automatic Renewals Certain portions, content and features of the Service are only available to individuals who purchase a subscription. As a subscriber to the Service, you agree as follows:
    1. Payment and Fees. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods, such as the recurring monthly fee), applicable taxes, and other charges and fees incurred in order to access the Service. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this platform or such other means as we may deem appropriate from time to time (including e-mail or conventional mail).
    2. Additional Charges. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Service, including, without limitation, all telephone access lines (including long-distance charges, when applicable), content distributor fees, internet service provider fees, mobile fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Service.
    3. Automatic Renewal. WE WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD OR OTHER ACCOUNT AT THE START OF THE STANDARD OR MULTIPLE-PERIOD PREPAYMENT PLAN BILLING PERIOD AND AT THE START OF EACH RENEWAL PERIOD, UNLESS YOU TERMINATE OR CANCEL YOUR SUBSCRIPTION BEFORE THE RELEVANT RENEWAL PERIOD BEGINS. EACH TIME YOU ARE CHARGED FOR YOUR RENEWAL, THE RENEWAL CHARGE WILL BE THE SAME AS THE PRIOR PERIOD’S CHARGE, UNLESS (A) YOU PREVIOUSLY PURCHASED A MULTIPLE PERIOD PAYMENT PLAN, IN WHICH CASE YOUR RENEWAL CHARGE WILL BE A SINGLE CHARGE IN AN AMOUNT EQUAL TO THE FULL TERM SUBSCRIPTION PRICE; (B) YOU WERE ELIGIBLE FOR A DISCOUNTED RATE BUT ARE NO LONGER ELIGIBLE FOR THAT DISCOUNTED RATE, IN WHICH CASE YOUR RENEWAL CHARGE WILL BE IN AN AMOUNT EQUAL TO THE THEN-CURRENT FULL TERM REGULAR PRICE FOR THE PRODUCT YOU SUBSCRIBED TO; OR (C) WE NOTIFY YOU IN ADVANCE AT THE TIME OF SIGN UP OR PRIOR TO THE BEGINNING OF THE RENEWAL PERIOD THAT YOUR RENEWAL PRICE WILL BE CHANGING. IF YOU PURCHASED A SUBSCRIPTION WITH A FREE TRIAL PERIOD, YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD OR OTHER ACCOUNT WHEN THE FREE TRIAL PERIOD ENDS, UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE FREE TRIAL PERIOD ENDS. WE WILL NOTIFY YOU BEFORE THE END OF YOUR SUBSCRIPTION PERIOD THAT YOUR SUBSCRIPTION IS EXPIRING AND WE WILL PROVIDE YOU WITH THE TERMS AND CONDITIONS THAT WILL APPLY IF YOU WOULD LIKE TO RENEW YOUR SUBSCRIPTION. YOU WILL THEN HAVE THE OPTION TO CANCEL OR RENEW YOUR SUBSCRIPTION. IF YOU DO NOT CANCEL OR RENEW YOUR SUBSCRIPTION BEFORE THE EXPIRATION OF YOUR THEN CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE RENEWAL PRICE FOR THE RENEWAL PERIOD YOU WERE NOTIFIED OF. EACH TIME YOU USE THE SERVICE YOU REAFFIRM YOUR AGREEMENT THAT WE MAY CHARGE YOUR CREDIT CARD (OR OTHER FORM OF PAYMENT, IF APPLICABLE). IN THE EVENT WE CANNOT CHARGE YOUR ACCOUNT, WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICE. IF YOU PURCHASED A MULTIPLE-PERIOD PREPAYMENT PLAN, YOUR SUBSCRIPTION WILL AUTOMATICALLY BE RENEWED AT THE SAME SUBSCRIPTION RATE AND FOR THE SAME SUBSCRIPTION PERIOD. IF YOU WERE ELIGIBLE FOR A DISCOUNTED RATE BUT ARE NO LONGER ELIGIBLE FOR THAT RATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY BE RENEWED AT OUR STANDARD SUBSCRIPTION RATES AND FOR OUR STANDARD PERIOD (USUALLY MONTHLY) AT THE START OF THE RENEWAL PERIOD.
    4. Billing Information. For purposes of your use of the Service, including identification and billing, you agree to provide the trusted third parties that we have retained to perform billing and subscription-related functions with true, accurate and complete information as required by the subscription or sign up process to the Service ("Subscription Data"), including your legal name, address, telephone number, e-mail address and applicable billing information (e.g., credit card number and expiration date), for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Subscription Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Service. You are obligated to check the "Account Settings" feature of the Service to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data, including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Service. If your registration or subscription is revoked for any reason, you agree not to register or subscribe to the Service using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
    5. Protecting Your Account. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Account Settings feature of the Service to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account.
    6. Restrictions. Except for multiple-period prepayment plans, your failure to satisfy limitations we set based on age, geographic or other criteria, or if we terminate your subscription to the Service prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you logged onto or used the Service during that month). If you subscribe to a prepayment plan for multiple periods (e.g., a 6-month prepayment plan) and you decide to cancel during such prepayment period, we will refund any unused portion of such period on a pro rata basis. If your cancellation of your subscription to the Service is due to your failure to satisfy limitations we set based on age, geographic or other criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time. If we cancel or terminate your subscription to the Service (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis.
  2. Cooling Off and Cancellation You have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the "Cooling-off Period"), but only if you have not logged in or otherwise started to use the Service. You may cancel your subscription to Trackpass at any time. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment and/or terminate this Subscription Agreement after the Cooling-off Period is over, and/or before the end of the subscription period, we will not refund any subscription fees already paid to us. You can cancel your subscription by contacting customer service (support@trackpass.nascar.com) or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact customer service to have the charges reversed. If you use the Service during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Subscription Agreement or our enforcement or application of this Subscription Agreement; (ii) any practice or policy of Provider, or our enforcement or application of these policies; (iii) the content available through the Service or any change in content provided through the Service; (iv) your ability to access and/or use the Service; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to the Service, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Service (or part thereof) except as we may otherwise provide in writing from time to time.
  3. Availability of the Service The availability and use of the Service may be limited based on age, geographic location or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to the Service or may terminate your subscription to the Service at any time based on these criteria. Parental or Guardian Permission Some of the Content on the Service may not be appropriate for children. INDIVIDUALS WHO HAVE NOT REACHED THE AGE OF MAJORITY IN THE COUNTRY WHERE THEY RESIDE ARE NOT PERMITTED TO SUBSCRIBE TO THE SERVICE.