TUNERTRACK, LLC takes your privacy very seriously.  We have created this Privacy Policy to demonstrate our firm commitment to privacy and security.  We want to make your experience on www.tunertrack.com (the “Site”) as enjoyable and rewarding as possible, and we want you to use this Site’s vast array of information, tools, and opportunities with complete confidence.  Please read the following to learn more about our privacy policy and terms and conditions.

 I.          WHAT THIS PRIVACY POLICY COVERS

             This policy covers how TUNERTRACK treats personal information that it collects and receives.  “Personal information” is information like your name, address, email address, or phone number that is not otherwise publicly available. 

             This policy does not apply to the practices of companies that TUNERTRACK does not own or control or to people that TUNERTRACK does not employ or manage.

 II.        INFORMATION COLLECTION AND USE

             A.        General

             TUNERTRACK gathers personally identifiable information about users of the Site through the registration process and other means, such as user submissions and any web sites accessible through our Site.  We use this personal information primarily to provide a customized experience as you use our Site and, generally, do not share this information with third parties except as set forth herein.  However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.

             B.        Personal Information

             1.  Registration:  When you register to receive information or products from the Site, you will be asked to provide certain personal information when you sign up including name, address, telephone number, payment information, and email address.  The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes).  This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.  However, in instances where TUNERTRACK and a partner jointly promote the Site, TUNERTRACK may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Site or as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion.  In this instance, personal information may not be used by the partner for any other purpose. TUNERTRACK may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members).  As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Site. 

             2.  Online Shopping:  On the Site, you can purchase products, services or register to receive materials, such as a catalog or new product and service updates.  In many cases, whether Member or non-registered user of the Site (“Visitor”), you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information.  If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number.  TUNERTRACK has no control over the “third parties” use of any personal information you provide when placing such an order.  Please exercise care when doing so.

             If you order products directly from TUNERTRACK, we will use the personal information you provide only to process that order.  We do not share this information with outside parties except to the extent necessary to complete that order.

             3.  Online Advertisements:  TUNERTRACK displays our online advertisements.  We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers.  Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements.  For instance, an advertiser tells us the audience they want to reach (for example, females between 25 and 35 years of age) and provides us an advertisement tailored to the audience.  Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.  TUNERTRACK does not share personal information about its Visitors or Members with these advertisers.

             4.  Responses to Email Inquiries:  When Visitors or Members send email inquiries to TUNERTRACK, the return email address is used to answer the email inquiry we receive.  TUNERTRACK does not use the return email address for any other purpose and does not share the return email address with any third party.

             5.  Special Cases:  It is TUNERTRACK’s policy not to use or share the personal information about Visitors of Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.  However, TUNERTRACK may disclose personal information about Visitors or Members, or information regarding your use of the Site or Web sites accessible through our Site, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms & Conditions or other user policies; to operate the Site properly; or to protect TUNERTRACK and our Members.

              C.        Non-Personal Information & Cookies

             TUNERTRACK also gathers non-personal information through standard tracking mechanisms on TUNERTRACK internet servers.  For example, TUNERTRACK employs “cookies” on various parts of the Site. Cookies are information that the Site transfers to the user's hard drive to facilitate record keeping and tracking a user's preferences.  Non-personal information is primarily collected in order to improve the functionality and user's enjoyment of the Site, to tailor the Site to your individual preferences, and to make using the Site simpler and more enjoyable.  The information that is typically tracked includes the type of internet browser and operating system being used by a user, and the user’s internet service provider.

             D.        Security

             The importance of security for all personally identifiable information associated with users is of the utmost concern to TUNERTRACK.  Unfortunately no data transmission over the internet can be guaranteed to be 100% secure.  As a result, while TUNERTRACK strives to protect users’ personal information, TUNERTRACK cannot ensure or warrant the security of any information users transmit to the Site, and users do so at their own risk.

 Your account information is protected by the password you use to access your online account.  If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 Personal information that is maintained in our offices or stores is subject to physical, administrative, and technical controls as well.  Hard copies of private information are maintained in locked locations or cabinets with similar restrictions for electronic storage of private information.  When disposed of, the information is shredded, destroyed, erased, or otherwise made unreadable.

 III.       COMMITMENT TO CHILDREN'S PRIVACY

             Protecting children’s privacy is especially important to us.  It is our policy to not knowingly solicit or exchange information with children under the age of 13 or otherwise contact children for any purpose.  While we make every effort to ensure that the Site is fun and age-appropriate for our younger audience, we believe that there is no substitute for proper parental supervision.  For further information about tips, tools, age-appropriate or kid-friendly Web sites and how to report online trouble, please visit www.getnetwise.com.

 It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.  Therefore, children under the age of 13 are not permitted to register for the Site.  Children under 13 may use the Site, but should do so only with parental supervision, especially when it relates to the disclosure of personal information about children.  Although TUNERTRACK will do what it can to screen information from children under the age of 13 on the Site, TUNERTRACK has no way to guarantee that a registrant or user is under 13.  Therefore, to the maximum extent permitted by law, TUNERTRACK is not responsible for a child’s use of the Site or the personal information supplied by a child on the Site.

 IV.       USER-INITIATED COMMUNICATION

 From time to time, portions of the Site may enable you to send email to us or to third parties and to participate in public bulletin boards and discussion groups (hosted by us or one or more of our service providers).  All postings to public bulletin boards and discussion groups become our property.  Whenever you choose to initiate these kinds of communications with us, or anyone else, you may expect to be contacted in return. 

 Also, remember that our bulletin boards and discussion groups are open to the public, and therefore, your postings can be seen by anyone and are not protected by us or any other entity.  Please use your own discretion when deciding what to post publicly, and whom to contact.  We reserve the right, in our sole discretion, to edit or delete inappropriate postings from our bulletin boards and discussion groups; provided, however, the reservation of this right shall not, under any circumstances, obligate us to conduct such editing or deletions.

 TUNERTRACK discussion boards are a free service to enable you to share comments about products and services available on our site. This service is available only to individuals older than 13 years of age who have purchased items from the Site and are in good standing with TUNERTRACK.  If you use the Site discussion boards, you are certifying that you are old enough to participate in the boards.

 V.        THIRD PARTY LINKS

 This Privacy Policy only applies to this Site.  The Site contains links to web sites that are not operated or controlled by TUNERTRACK, when you click on one of those links, you are entering another web site.  Please be aware that these sites may collect information about you, and operate according to their own privacy practices that may differ from this Privacy Policy.  The placement of links on the Site does not imply that TUNERTRACK endorses or warrants the content on any third party web site.  Please remember to read the terms of use and privacy policies for those sites, as they may differ from these terms of use.  Remember that once you're outside the Site, any information you submit is outside of our control.

 VI.       TERMS AND CONDITIONS

 For an explanation of TUNERTRACK’s practices and policies related to the Sites terms and conditions of use, please read our Terms and Conditions.

 VII.     REVISIONS TO THIS POLICY

 TUNERTRACK reserves the right to revise, amend, or modify this policy, its Terms and Conditions and our other policies and agreements at any time, and in any manner.  Notice of any revision, amendment, or modification will be posted in accordance with the Terms and Conditions.  Accordingly, we encourage you to periodically review this Privacy Policy and the Site in order to keep apprised of our current privacy practices.  If you do not agree to any provision of this Privacy Policy, or any update or modification thereto, please do not use the Site.

 VIII.    WHERE TO DIRECT QUESTIONS ABOUT THE McLEOD PRIVACY POLICY     

If you have any questions about this Privacy Policy or the practices described herein, you may contact:

TUNERTRACK LLC
Atlanta, GA 30308 USA

Effective date: November 5, 2013

Welcome to www.tunertrack.com by TUNERTRACK, LLC.  Please read these Terms and Conditions of Use (“Terms and Conditions”) completely and carefully before using mcleodracing.com (the “Site”).  By using the Site, you express your unconditional agreement to follow and be bound by the Terms and Conditions of Use in their entirety.  If you do not agree with any of the following Terms of Use and Conditions, please do not use this Site.

Further, by accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.  If you are under the age of 18, but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  McLEOD does not intentionally collect personal information about children under the age of 13.  Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms and Conditions on their behalf.  If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.  If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.  All billing and registration information provided must be truthful and accurate.  Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions.  By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

 I.          SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting.  Violations of system or network security may result in civil or criminal liability.  TUNERTRACK will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.  You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from TUNERTRACK on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 See Privacy Policy for additional security related information. 

 II.        Memberships & Orders

Please note that there may be certain memberships and/or orders that we are unable to accept and must cancel.  We reserve the right, at our sole discretion, to refuse or cancel any membership or order for any reason, at any time.  For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped.  Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  We may also require additional verifications or information before accepting any membership and/or order.  We will contact you if all or any portion of your membership or order is canceled or if additional information is required.  If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.  While TUNERTRACK strives to provide accurate product and pricing information, pricing or typographical errors may occur.  TUNERTRACK cannot confirm that the information and/or pricing as typographical errors may occur.  TUNERTRACK cannot confirm the price of an item until after you order.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, TUNERTRACK shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item.  In the event that an item is mispriced, TUNERTRACK may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Prices and availability are subject to change without notice.

 III.       Warranty Disclaimer

THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRUPOSE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TUNERTRACK DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL INACCURACIES.  TUNERTRACK PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS, OR THAT THE SITE=S SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE, BY YOUR USE OF THE TUNERTRACK.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 IV.       Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL TUNERTRACK OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MCLEOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL TUNERTRACK BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE WHICH THE CLAIM AROSE. 

V.        Third Party Links

The links from the TUNERTRACK website to the World Wide Web provide access to information from a variety of sources.  The presence of these links is not an endorsement of any product or information available from other sources.  TUNERTRACK disclaims any and all responsibility for the information which is accessible through this web site, and assumes no liability associated therewith.  We make no warranty, guarantee, or representation, express or implied, with respect to the accuracy, effectiveness, or usefulness of any information, methods, or materials that are available, or described herein.  TUNERTRACK does not assume any liability for the use of any information, methods, or materials found herein or for damages arising from such use, nor assume any responsibility for any injury to individuals or property, or for any financial loss, sustained as a result of the use or application of the information, methods, or materials that are available, or described, in our links to other sites.  TUNERTRACK has no control over the resources that can be accessed from our website.

 VI.       User Input

Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on this Site, shall be deemed to be non-confidential and TUNERTRACK shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Registered users may post reviews, comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information.  Users are not permitted to post content that is illegal, false, misleading, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, violates any local, state, or Federal law, or any form of user initiated submission as set forth in Section 1 above.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

If you do post content or submit material, and unless we indicate otherwise, you grant TUNERTRACK a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant TUNERTRACK and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and defend TUNERTRACK for all claims resulting from content you supply; the duty to defend is distinct from the indemnity obligation.  TUNERTRACK has the right, but not the obligation, to monitor and edit or remove any activity or content. TUNERTRACK takes no responsibility and assumes no liability for any content posted by you or any third party.

 VII.     Trademarks and Copyrights

All trademarks relating to the Site, including but not limited to "TUNERTRACK", “TUNERTRACK LLC” or “tunertrack.com” is the sole property of TUNERTRACK.  In addition, other names, logos, characters and images on the Site are the trademarks of TUNERTRACK, or their respective owners.  You agree not to use any trademark located on the Site for any purpose without the prior written consent of TUNERTRACK or the appropriate trademark owner.  All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of TUNERTRACK.

 VIII.    Privacy

For an explanation of TUNERTRACK's practices and policies related to the collection, use and storage of our online guests’ information, please read our Privacy Policy.

 IX.       Indemnity

You agree to defend, indemnify, and hold harmless TUNERTRACK and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.  You acknowledge that the duty to defend is distinct from the indemnity obligation.

 X.        Jurisdictional Issues

This agreement shall be governed by, construed and enforced according to the laws of the state of California.  You expressly consent to the venue and jurisdiction of state courts located within Orange County, California.

 XI.       Severability, Integration and Amendment

If any provision of the Terms and Conditions shall be held to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.  The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and TUNERTRACK, its affiliates or related entities.  The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein.  These Terms and Conditions may not be amended, waived, modified.  TUNERTRACK may terminate this agreement at any time without notice, and deny access to Site by any subsequent action unless set forth in a revised Terms and Conditions posted on this Site by TUNERTRACK.

             TUNERTRACK, LLC takes your privacy very seriously.  We have created this Privacy Policy to demonstrate our firm commitment to privacy and security.  We want to make your experience on www.tunertrack.com (the “Site”) as enjoyable and rewarding as possible, and we want you to use this Site’s vast array of information, tools, and opportunities with complete confidence.  Please read the following to learn more about our privacy policy and terms and conditions.

 I.          WHAT THIS PRIVACY POLICY COVERS

             This policy covers how TUNERTRACK treats personal information that it collects and receives.  “Personal information” is information like your name, address, email address, or phone number that is not otherwise publicly available. 

             This policy does not apply to the practices of companies that TUNERTRACK does not own or control or to people that TUNERTRACK does not employ or manage.

 II.        INFORMATION COLLECTION AND USE

             A.        General

             TUNERTRACK gathers personally identifiable information about users of the Site through the registration process and other means, such as user submissions and any web sites accessible through our Site.  We use this personal information primarily to provide a customized experience as you use our Site and, generally, do not share this information with third parties except as set forth herein.  However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.

             B.        Personal Information

             1.  Registration:  When you register to receive information or products from the Site, you will be asked to provide certain personal information when you sign up including name, address, telephone number, payment information, and email address.  The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes).  This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.  However, in instances where TUNERTRACK and a partner jointly promote the Site, TUNERTRACK may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Site or as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion.  In this instance, personal information may not be used by the partner for any other purpose. TUNERTRACK may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members).  As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Site. 

             2.  Online Shopping:  On the Site, you can purchase products, services or register to receive materials, such as a catalog or new product and service updates.  In many cases, whether Member or non-registered user of the Site (“Visitor”), you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information.  If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number.  TUNERTRACK has no control over the “third parties” use of any personal information you provide when placing such an order.  Please exercise care when doing so.

             If you order products directly from TUNERTRACK, we will use the personal information you provide only to process that order.  We do not share this information with outside parties except to the extent necessary to complete that order.

             3.  Online Advertisements:  TUNERTRACK displays our online advertisements.  We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers.  Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements.  For instance, an advertiser tells us the audience they want to reach (for example, females between 25 and 35 years of age) and provides us an advertisement tailored to the audience.  Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.  TUNERTRACK does not share personal information about its Visitors or Members with these advertisers.

             4.  Responses to Email Inquiries:  When Visitors or Members send email inquiries to TUNERTRACK, the return email address is used to answer the email inquiry we receive.  TUNERTRACK does not use the return email address for any other purpose and does not share the return email address with any third party.

             5.  Special Cases:  It is TUNERTRACK’s policy not to use or share the personal information about Visitors of Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.  However, TUNERTRACK may disclose personal information about Visitors or Members, or information regarding your use of the Site or Web sites accessible through our Site, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms & Conditions or other user policies; to operate the Site properly; or to protect TUNERTRACK and our Members.

              C.        Non-Personal Information & Cookies

             TUNERTRACK also gathers non-personal information through standard tracking mechanisms on TUNERTRACK internet servers.  For example, TUNERTRACK employs “cookies” on various parts of the Site. Cookies are information that the Site transfers to the user's hard drive to facilitate record keeping and tracking a user's preferences.  Non-personal information is primarily collected in order to improve the functionality and user's enjoyment of the Site, to tailor the Site to your individual preferences, and to make using the Site simpler and more enjoyable.  The information that is typically tracked includes the type of internet browser and operating system being used by a user, and the user’s internet service provider.

             D.        Security

             The importance of security for all personally identifiable information associated with users is of the utmost concern to TUNERTRACK.  Unfortunately no data transmission over the internet can be guaranteed to be 100% secure.  As a result, while TUNERTRACK strives to protect users’ personal information, TUNERTRACK cannot ensure or warrant the security of any information users transmit to the Site, and users do so at their own risk.

 Your account information is protected by the password you use to access your online account.  If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 Personal information that is maintained in our offices or stores is subject to physical, administrative, and technical controls as well.  Hard copies of private information are maintained in locked locations or cabinets with similar restrictions for electronic storage of private information.  When disposed of, the information is shredded, destroyed, erased, or otherwise made unreadable.

 III.       COMMITMENT TO CHILDREN'S PRIVACY

             Protecting children’s privacy is especially important to us.  It is our policy to not knowingly solicit or exchange information with children under the age of 13 or otherwise contact children for any purpose.  While we make every effort to ensure that the Site is fun and age-appropriate for our younger audience, we believe that there is no substitute for proper parental supervision.  For further information about tips, tools, age-appropriate or kid-friendly Web sites and how to report online trouble, please visit www.getnetwise.com.

 It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.  Therefore, children under the age of 13 are not permitted to register for the Site.  Children under 13 may use the Site, but should do so only with parental supervision, especially when it relates to the disclosure of personal information about children.  Although TUNERTRACK will do what it can to screen information from children under the age of 13 on the Site, TUNERTRACK has no way to guarantee that a registrant or user is under 13.  Therefore, to the maximum extent permitted by law, TUNERTRACK is not responsible for a child’s use of the Site or the personal information supplied by a child on the Site.

 IV.       USER-INITIATED COMMUNICATION

 From time to time, portions of the Site may enable you to send email to us or to third parties and to participate in public bulletin boards and discussion groups (hosted by us or one or more of our service providers).  All postings to public bulletin boards and discussion groups become our property.  Whenever you choose to initiate these kinds of communications with us, or anyone else, you may expect to be contacted in return. 

 Also, remember that our bulletin boards and discussion groups are open to the public, and therefore, your postings can be seen by anyone and are not protected by us or any other entity.  Please use your own discretion when deciding what to post publicly, and whom to contact.  We reserve the right, in our sole discretion, to edit or delete inappropriate postings from our bulletin boards and discussion groups; provided, however, the reservation of this right shall not, under any circumstances, obligate us to conduct such editing or deletions.

 TUNERTRACK discussion boards are a free service to enable you to share comments about products and services available on our site. This service is available only to individuals older than 13 years of age who have purchased items from the Site and are in good standing with TUNERTRACK.  If you use the Site discussion boards, you are certifying that you are old enough to participate in the boards.

 V.        THIRD PARTY LINKS

 This Privacy Policy only applies to this Site.  The Site contains links to web sites that are not operated or controlled by TUNERTRACK, when you click on one of those links, you are entering another web site.  Please be aware that these sites may collect information about you, and operate according to their own privacy practices that may differ from this Privacy Policy.  The placement of links on the Site does not imply that TUNERTRACK endorses or warrants the content on any third party web site.  Please remember to read the terms of use and privacy policies for those sites, as they may differ from these terms of use.  Remember that once you're outside the Site, any information you submit is outside of our control.

 VI.       TERMS AND CONDITIONS

 For an explanation of TUNERTRACK’s practices and policies related to the Sites terms and conditions of use, please read our Terms and Conditions.

 VII.     REVISIONS TO THIS POLICY

 TUNERTRACK reserves the right to revise, amend, or modify this policy, its Terms and Conditions and our other policies and agreements at any time, and in any manner.  Notice of any revision, amendment, or modification will be posted in accordance with the Terms and Conditions.  Accordingly, we encourage you to periodically review this Privacy Policy and the Site in order to keep apprised of our current privacy practices.  If you do not agree to any provision of this Privacy Policy, or any update or modification thereto, please do not use the Site.

 VIII.    WHERE TO DIRECT QUESTIONS ABOUT THE McLEOD PRIVACY POLICY     

If you have any questions about this Privacy Policy or the practices described herein, you may contact:

TUNERTRACK LLC
Atlanta, GA 30308 USA

Effective date: November 5, 2013

Welcome to www.tunertrack.com by TUNERTRACK, LLC.  Please read these Terms and Conditions of Use (“Terms and Conditions”) completely and carefully before using mcleodracing.com (the “Site”).  By using the Site, you express your unconditional agreement to follow and be bound by the Terms and Conditions of Use in their entirety.  If you do not agree with any of the following Terms of Use and Conditions, please do not use this Site.

Further, by accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.  If you are under the age of 18, but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  McLEOD does not intentionally collect personal information about children under the age of 13.  Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms and Conditions on their behalf.  If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.  If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.  All billing and registration information provided must be truthful and accurate.  Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions.  By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

 I.          SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting.  Violations of system or network security may result in civil or criminal liability.  TUNERTRACK will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.  You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from TUNERTRACK on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 See Privacy Policy for additional security related information. 

 II.        Memberships & Orders

Please note that there may be certain memberships and/or orders that we are unable to accept and must cancel.  We reserve the right, at our sole discretion, to refuse or cancel any membership or order for any reason, at any time.  For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped.  Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  We may also require additional verifications or information before accepting any membership and/or order.  We will contact you if all or any portion of your membership or order is canceled or if additional information is required.  If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.  While TUNERTRACK strives to provide accurate product and pricing information, pricing or typographical errors may occur.  TUNERTRACK cannot confirm that the information and/or pricing as typographical errors may occur.  TUNERTRACK cannot confirm the price of an item until after you order.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, TUNERTRACK shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item.  In the event that an item is mispriced, TUNERTRACK may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Prices and availability are subject to change without notice.

 III.       Warranty Disclaimer

THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRUPOSE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TUNERTRACK DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL INACCURACIES.  TUNERTRACK PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS, OR THAT THE SITE=S SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE, BY YOUR USE OF THE TUNERTRACK.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 IV.       Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL TUNERTRACK OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MCLEOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL TUNERTRACK BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE WHICH THE CLAIM AROSE. 

V.        Third Party Links

The links from the TUNERTRACK website to the World Wide Web provide access to information from a variety of sources.  The presence of these links is not an endorsement of any product or information available from other sources.  TUNERTRACK disclaims any and all responsibility for the information which is accessible through this web site, and assumes no liability associated therewith.  We make no warranty, guarantee, or representation, express or implied, with respect to the accuracy, effectiveness, or usefulness of any information, methods, or materials that are available, or described herein.  TUNERTRACK does not assume any liability for the use of any information, methods, or materials found herein or for damages arising from such use, nor assume any responsibility for any injury to individuals or property, or for any financial loss, sustained as a result of the use or application of the information, methods, or materials that are available, or described, in our links to other sites.  TUNERTRACK has no control over the resources that can be accessed from our website.

 VI.       User Input

Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on this Site, shall be deemed to be non-confidential and TUNERTRACK shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Registered users may post reviews, comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information.  Users are not permitted to post content that is illegal, false, misleading, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, violates any local, state, or Federal law, or any form of user initiated submission as set forth in Section 1 above.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

If you do post content or submit material, and unless we indicate otherwise, you grant TUNERTRACK a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant TUNERTRACK and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and defend TUNERTRACK for all claims resulting from content you supply; the duty to defend is distinct from the indemnity obligation.  TUNERTRACK has the right, but not the obligation, to monitor and edit or remove any activity or content. TUNERTRACK takes no responsibility and assumes no liability for any content posted by you or any third party.

 VII.     Trademarks and Copyrights

All trademarks relating to the Site, including but not limited to "TUNERTRACK", “TUNERTRACK LLC” or “tunertrack.com” is the sole property of TUNERTRACK.  In addition, other names, logos, characters and images on the Site are the trademarks of TUNERTRACK, or their respective owners.  You agree not to use any trademark located on the Site for any purpose without the prior written consent of TUNERTRACK or the appropriate trademark owner.  All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of TUNERTRACK.

 VIII.    Privacy

For an explanation of TUNERTRACK's practices and policies related to the collection, use and storage of our online guests’ information, please read our Privacy Policy.

 IX.       Indemnity

You agree to defend, indemnify, and hold harmless TUNERTRACK and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.  You acknowledge that the duty to defend is distinct from the indemnity obligation.

 X.        Jurisdictional Issues

This agreement shall be governed by, construed and enforced according to the laws of the state of California.  You expressly consent to the venue and jurisdiction of state courts located within Orange County, California.

 XI.       Severability, Integration and Amendment

If any provision of the Terms and Conditions shall be held to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.  The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and TUNERTRACK, its affiliates or related entities.  The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein.  These Terms and Conditions may not be amended, waived, modified.  TUNERTRACK may terminate this agreement at any time without notice, and deny access to Site by any subsequent action unless set forth in a revised Terms and Conditions posted on this Site by TUNERTRACK.

             TUNERTRACK, LLC takes your privacy very seriously.  We have created this Privacy Policy to demonstrate our firm commitment to privacy and security.  We want to make your experience on www.tunertrack.com (the “Site”) as enjoyable and rewarding as possible, and we want you to use this Site’s vast array of information, tools, and opportunities with complete confidence.  Please read the following to learn more about our privacy policy and terms and conditions.

 I.          WHAT THIS PRIVACY POLICY COVERS

             This policy covers how TUNERTRACK treats personal information that it collects and receives.  “Personal information” is information like your name, address, email address, or phone number that is not otherwise publicly available. 

             This policy does not apply to the practices of companies that TUNERTRACK does not own or control or to people that TUNERTRACK does not employ or manage.

 II.        INFORMATION COLLECTION AND USE

             A.        General

             TUNERTRACK gathers personally identifiable information about users of the Site through the registration process and other means, such as user submissions and any web sites accessible through our Site.  We use this personal information primarily to provide a customized experience as you use our Site and, generally, do not share this information with third parties except as set forth herein.  However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.

             B.        Personal Information

             1.  Registration:  When you register to receive information or products from the Site, you will be asked to provide certain personal information when you sign up including name, address, telephone number, payment information, and email address.  The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes).  This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.  However, in instances where TUNERTRACK and a partner jointly promote the Site, TUNERTRACK may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Site or as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion.  In this instance, personal information may not be used by the partner for any other purpose. TUNERTRACK may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members).  As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Site. 

             2.  Online Shopping:  On the Site, you can purchase products, services or register to receive materials, such as a catalog or new product and service updates.  In many cases, whether Member or non-registered user of the Site (“Visitor”), you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information.  If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number.  TUNERTRACK has no control over the “third parties” use of any personal information you provide when placing such an order.  Please exercise care when doing so.

             If you order products directly from TUNERTRACK, we will use the personal information you provide only to process that order.  We do not share this information with outside parties except to the extent necessary to complete that order.

             3.  Online Advertisements:  TUNERTRACK displays our online advertisements.  We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers.  Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements.  For instance, an advertiser tells us the audience they want to reach (for example, females between 25 and 35 years of age) and provides us an advertisement tailored to the audience.  Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.  TUNERTRACK does not share personal information about its Visitors or Members with these advertisers.

             4.  Responses to Email Inquiries:  When Visitors or Members send email inquiries to TUNERTRACK, the return email address is used to answer the email inquiry we receive.  TUNERTRACK does not use the return email address for any other purpose and does not share the return email address with any third party.

             5.  Special Cases:  It is TUNERTRACK’s policy not to use or share the personal information about Visitors of Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.  However, TUNERTRACK may disclose personal information about Visitors or Members, or information regarding your use of the Site or Web sites accessible through our Site, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms & Conditions or other user policies; to operate the Site properly; or to protect TUNERTRACK and our Members.

              C.        Non-Personal Information & Cookies

             TUNERTRACK also gathers non-personal information through standard tracking mechanisms on TUNERTRACK internet servers.  For example, TUNERTRACK employs “cookies” on various parts of the Site. Cookies are information that the Site transfers to the user's hard drive to facilitate record keeping and tracking a user's preferences.  Non-personal information is primarily collected in order to improve the functionality and user's enjoyment of the Site, to tailor the Site to your individual preferences, and to make using the Site simpler and more enjoyable.  The information that is typically tracked includes the type of internet browser and operating system being used by a user, and the user’s internet service provider.

             D.        Security

             The importance of security for all personally identifiable information associated with users is of the utmost concern to TUNERTRACK.  Unfortunately no data transmission over the internet can be guaranteed to be 100% secure.  As a result, while TUNERTRACK strives to protect users’ personal information, TUNERTRACK cannot ensure or warrant the security of any information users transmit to the Site, and users do so at their own risk.

 Your account information is protected by the password you use to access your online account.  If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 Personal information that is maintained in our offices or stores is subject to physical, administrative, and technical controls as well.  Hard copies of private information are maintained in locked locations or cabinets with similar restrictions for electronic storage of private information.  When disposed of, the information is shredded, destroyed, erased, or otherwise made unreadable.

 III.       COMMITMENT TO CHILDREN'S PRIVACY

             Protecting children’s privacy is especially important to us.  It is our policy to not knowingly solicit or exchange information with children under the age of 13 or otherwise contact children for any purpose.  While we make every effort to ensure that the Site is fun and age-appropriate for our younger audience, we believe that there is no substitute for proper parental supervision.  For further information about tips, tools, age-appropriate or kid-friendly Web sites and how to report online trouble, please visit www.getnetwise.com.

 It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.  Therefore, children under the age of 13 are not permitted to register for the Site.  Children under 13 may use the Site, but should do so only with parental supervision, especially when it relates to the disclosure of personal information about children.  Although TUNERTRACK will do what it can to screen information from children under the age of 13 on the Site, TUNERTRACK has no way to guarantee that a registrant or user is under 13.  Therefore, to the maximum extent permitted by law, TUNERTRACK is not responsible for a child’s use of the Site or the personal information supplied by a child on the Site.

 IV.       USER-INITIATED COMMUNICATION

 From time to time, portions of the Site may enable you to send email to us or to third parties and to participate in public bulletin boards and discussion groups (hosted by us or one or more of our service providers).  All postings to public bulletin boards and discussion groups become our property.  Whenever you choose to initiate these kinds of communications with us, or anyone else, you may expect to be contacted in return. 

 Also, remember that our bulletin boards and discussion groups are open to the public, and therefore, your postings can be seen by anyone and are not protected by us or any other entity.  Please use your own discretion when deciding what to post publicly, and whom to contact.  We reserve the right, in our sole discretion, to edit or delete inappropriate postings from our bulletin boards and discussion groups; provided, however, the reservation of this right shall not, under any circumstances, obligate us to conduct such editing or deletions.

 TUNERTRACK discussion boards are a free service to enable you to share comments about products and services available on our site. This service is available only to individuals older than 13 years of age who have purchased items from the Site and are in good standing with TUNERTRACK.  If you use the Site discussion boards, you are certifying that you are old enough to participate in the boards.

 V.        THIRD PARTY LINKS

 This Privacy Policy only applies to this Site.  The Site contains links to web sites that are not operated or controlled by TUNERTRACK, when you click on one of those links, you are entering another web site.  Please be aware that these sites may collect information about you, and operate according to their own privacy practices that may differ from this Privacy Policy.  The placement of links on the Site does not imply that TUNERTRACK endorses or warrants the content on any third party web site.  Please remember to read the terms of use and privacy policies for those sites, as they may differ from these terms of use.  Remember that once you're outside the Site, any information you submit is outside of our control.

 VI.       TERMS AND CONDITIONS

 For an explanation of TUNERTRACK’s practices and policies related to the Sites terms and conditions of use, please read our Terms and Conditions.

 VII.     REVISIONS TO THIS POLICY

 TUNERTRACK reserves the right to revise, amend, or modify this policy, its Terms and Conditions and our other policies and agreements at any time, and in any manner.  Notice of any revision, amendment, or modification will be posted in accordance with the Terms and Conditions.  Accordingly, we encourage you to periodically review this Privacy Policy and the Site in order to keep apprised of our current privacy practices.  If you do not agree to any provision of this Privacy Policy, or any update or modification thereto, please do not use the Site.

 VIII.    WHERE TO DIRECT QUESTIONS ABOUT THE McLEOD PRIVACY POLICY     

If you have any questions about this Privacy Policy or the practices described herein, you may contact:

TUNERTRACK LLC
Atlanta, GA 30308 USA

Effective date: November 5, 2013

Welcome to www.tunertrack.com by TUNERTRACK, LLC.  Please read these Terms and Conditions of Use (“Terms and Conditions”) completely and carefully before using mcleodracing.com (the “Site”).  By using the Site, you express your unconditional agreement to follow and be bound by the Terms and Conditions of Use in their entirety.  If you do not agree with any of the following Terms of Use and Conditions, please do not use this Site.

Further, by accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.  If you are under the age of 18, but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  McLEOD does not intentionally collect personal information about children under the age of 13.  Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms and Conditions on their behalf.  If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.  If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.  All billing and registration information provided must be truthful and accurate.  Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions.  By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

 I.          SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting.  Violations of system or network security may result in civil or criminal liability.  TUNERTRACK will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.  You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from TUNERTRACK on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 See Privacy Policy for additional security related information. 

 II.        Memberships & Orders

Please note that there may be certain memberships and/or orders that we are unable to accept and must cancel.  We reserve the right, at our sole discretion, to refuse or cancel any membership or order for any reason, at any time.  For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped.  Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  We may also require additional verifications or information before accepting any membership and/or order.  We will contact you if all or any portion of your membership or order is canceled or if additional information is required.  If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.  While TUNERTRACK strives to provide accurate product and pricing information, pricing or typographical errors may occur.  TUNERTRACK cannot confirm that the information and/or pricing as typographical errors may occur.  TUNERTRACK cannot confirm the price of an item until after you order.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, TUNERTRACK shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item.  In the event that an item is mispriced, TUNERTRACK may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Prices and availability are subject to change without notice.

 III.       Warranty Disclaimer

THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRUPOSE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TUNERTRACK DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL INACCURACIES.  TUNERTRACK PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS, OR THAT THE SITE=S SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE, BY YOUR USE OF THE TUNERTRACK.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 IV.       Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL TUNERTRACK OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MCLEOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL TUNERTRACK BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE WHICH THE CLAIM AROSE. 

V.        Third Party Links

The links from the TUNERTRACK website to the World Wide Web provide access to information from a variety of sources.  The presence of these links is not an endorsement of any product or information available from other sources.  TUNERTRACK disclaims any and all responsibility for the information which is accessible through this web site, and assumes no liability associated therewith.  We make no warranty, guarantee, or representation, express or implied, with respect to the accuracy, effectiveness, or usefulness of any information, methods, or materials that are available, or described herein.  TUNERTRACK does not assume any liability for the use of any information, methods, or materials found herein or for damages arising from such use, nor assume any responsibility for any injury to individuals or property, or for any financial loss, sustained as a result of the use or application of the information, methods, or materials that are available, or described, in our links to other sites.  TUNERTRACK has no control over the resources that can be accessed from our website.

 VI.       User Input

Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on this Site, shall be deemed to be non-confidential and TUNERTRACK shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Registered users may post reviews, comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information.  Users are not permitted to post content that is illegal, false, misleading, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, violates any local, state, or Federal law, or any form of user initiated submission as set forth in Section 1 above.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

If you do post content or submit material, and unless we indicate otherwise, you grant TUNERTRACK a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant TUNERTRACK and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and defend TUNERTRACK for all claims resulting from content you supply; the duty to defend is distinct from the indemnity obligation.  TUNERTRACK has the right, but not the obligation, to monitor and edit or remove any activity or content. TUNERTRACK takes no responsibility and assumes no liability for any content posted by you or any third party.

 VII.     Trademarks and Copyrights

All trademarks relating to the Site, including but not limited to "TUNERTRACK", “TUNERTRACK LLC” or “tunertrack.com” is the sole property of TUNERTRACK.  In addition, other names, logos, characters and images on the Site are the trademarks of TUNERTRACK, or their respective owners.  You agree not to use any trademark located on the Site for any purpose without the prior written consent of TUNERTRACK or the appropriate trademark owner.  All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of TUNERTRACK.

 VIII.    Privacy

For an explanation of TUNERTRACK's practices and policies related to the collection, use and storage of our online guests’ information, please read our Privacy Policy.

 IX.       Indemnity

You agree to defend, indemnify, and hold harmless TUNERTRACK and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.  You acknowledge that the duty to defend is distinct from the indemnity obligation.

 X.        Jurisdictional Issues

This agreement shall be governed by, construed and enforced according to the laws of the state of California.  You expressly consent to the venue and jurisdiction of state courts located within Orange County, California.

 XI.       Severability, Integration and Amendment

If any provision of the Terms and Conditions shall be held to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.  The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and TUNERTRACK, its affiliates or related entities.  The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein.  These Terms and Conditions may not be amended, waived, modified.  TUNERTRACK may terminate this agreement at any time without notice, and deny access to Site by any subsequent action unless set forth in a revised Terms and Conditions posted on this Site by TUNERTRACK.