Terms of Use

Last updated: October 28, 2026

These Terms and Conditions of Use (the “Terms of Use”) govern the websites and mobile application (the “App”) owned or operated by Quack Track, LLC, a Kansas limited liability company (“Quack Track”), currently located at www.quacktrack.com (collectively, together with all related features, content and services, the “Sites”).

YOU UNDERSTAND AND AGREE THAT BY BROWSING OR USING THE SITES, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY SUPPLEMENTAL TERMS THAT MAY APPLY. If you do not agree with these Terms of Use, please do not use the Sites.

Quack Track reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time, consistent with applicable law. You are responsible for checking these Terms of Use periodically for changes. Quack Track will post a notice on these Sites or otherwise inform you if these Terms of Use change materially. Such changes, whether modifications, additions, or deletions, take effect when stated in the applicable notice. If you do not accept the changes, you must stop using these Sites after the date they take effect. By continuing to use the Sites after changes are posted, you accept and agree to those changes. As long as you comply with these Terms of Use, Quack Track grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

1. CONTENT & INTELLECTUAL PROPERTY

All articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, found on the Sites is owned by Quack Track or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.

All trademarks shown on these Sites belong to their respective owners, which in some cases includes Quack Track. Nothing on these Sites should be interpreted as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by Quack Track or any third party.

When accessing these Sites, you agree to obey the law and to respect the intellectual property rights of Quack Track and others. You agree that you are solely responsible for any violation of applicable laws and for any infringement of third-party rights arising from any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you submit or send to us.

All materials contained in or distributed through these Sites (the “Materials”) are owned by Quack Track or its licensors. You may not reproduce, modify, copy, publish, transmit, prepare derivative works based on, distribute, perform or display the Materials without first obtaining written permission from Quack Track and, where applicable, any other copyright owner. You acknowledge that downloading or printing the Materials does not give you any ownership rights. Materials may not be used in any unauthorized manner.

2. USE OF THE SITES; RESTRICTIONS

You may browse these Sites and all related content only for your own personal use and enjoyment. Except as expressly provided in these Terms of Use, no part of the Sites may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without Quack Track’s express prior written permission.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites, or in any way reproduce or circumvent the navigational structure or presentation of the Sites, to obtain or try to obtain any materials, documents or information by any means not purposely made available to you through the Site. You may not try to gain unauthorized access to any part or feature of the Sites, or to any other systems or networks connected to the Sites or to any Quack Track server, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test for vulnerabilities in the Sites or any network connected to the Sites, or breach the security or authentication measures on the Sites or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used to provide these Sites, trace or attempt to trace any information about any other user or visitor of the Sites, or any other Quack Track customer, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any manner intended to reveal any information, including but not limited to PII, other than your own information, as made available by the Site.

You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Quack Track’s systems or networks, or any systems or networks connected to the Sites or to Quack Track.

You agree not to use any device, software or routine to interfere or try to interfere with the proper operation of the Sites or any transaction being carried out on the Sites, or with any other person’s use of the Sites, including, but not limited to, by interfering or trying to interfere with service to any visitor, host, or network, such as by submitting a virus or any other harmful component to these Sites, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” these Sites. In addition, you agree not to use these Sites to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services. You also agree not to frame, or use framing techniques to enclose, any part of these Sites, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” that use Quack Track’s name or trademarks without Quack Track’s express written consent.

You may not forge headers or otherwise manipulate identifiers to hide the origin of any message or transmission you send to Quack Track on or through the Sites or any service offered on or through the Site. You may not pretend to be or to represent someone else, or impersonate any other person or entity.

You may not use the Sites, including, but not limited to, any Content or Materials contained in them, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit any illegal activity or other activity that infringes the rights of Quack Track or others. Without limiting the generality of any terms or conditions stated in these Terms of Use, in using the Sites, you may not send or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or that gives rise to civil liability; or (c) any information, software or other material that violates or infringes the rights of others, including material that invades privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works of such material, without first obtaining permission from the owner or rights holder.

In addition, you may not use the Sites to plan, record or assist with any violation of hunting, wildlife, trespass or other applicable laws, including any unlawful take of wildlife, or to share another person’s private information, hunting location or property details without that person’s permission. You may not use the Sites, or any data or output obtained from them (including Regulation Information (as defined below) and user information), to build a competing product or to train, fine-tune or benchmark any artificial intelligence or machine learning model, except as Quack Track expressly permits in writing. You may not misuse the AI Features (as defined below), including by trying to make the support assistant reveal its instructions or any other user’s information, and you may not create accounts through automated means, under false pretenses, or to evade a suspension or trial limit.

Any breach of Quack Track’s system or network security may subject you to civil and/or criminal liability.

3. THE APP; ACCOUNTS

What the Sites do. Quack Track helps waterfowl and migratory bird hunters plan and log hunts, monitor harvest against bag limits, review summaries of state and federal hunting regulations, hunt alongside others, check weather and maps, share migration sightings, and use related tools. The Sites, including Regulation Information (as defined in Section 5), are made available to users in the United States. Quack Track makes no representation that the Sites are appropriate or available anywhere other than the United States of America.

License to use the App. Subject to these Terms of Use, Quack Track grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and run the App on devices you own or control, and to use the Sites, only for your personal, non-commercial purposes. This license adds to, and is subject to the same restrictions as, the limited privilege described at the beginning of these Terms of Use. Quack Track reserves all rights not expressly granted.

Your account. Some features of the Sites require an account. You agree to provide accurate, current and complete information, to keep it current, and to keep your password confidential. You are responsible for all activity under your account, and you must notify Quack Track promptly at support@quacktrack.com if you believe your account has been compromised. Each account is for one person only and may not be shared, sold or transferred. Quack Track may ask you to confirm your email address or phone number, and may refuse, suspend or close an account that contains false information.

Changes to the Sites; beta features. Quack Track may add, change, suspend or discontinue any part of the Sites at any time. Some features may be labeled as beta, preview or experimental; those features are provided as-is, may not work as expected, and may be changed or removed without notice.

Offline use. Some App features work without a network connection and sync later. Information you enter offline may not be visible to others, or may conflict with changes others make, until it syncs.

Service communications. By creating an account, you agree that Quack Track may send you transactional and service communications by email, push notification and in-app message, such as account verification, security alerts, billing and renewal notices, hunt invitations and updates, and support replies. These communications are part of the Sites, and you cannot opt out of them while you have an account, except that you may turn off push notifications in your device settings.

4. AI FEATURES

Certain features of the Sites use artificial intelligence, including the in-app support assistant and photo species identification (together, the “AI Features”). The AI Features are provided on Quack Track’s behalf by third-party AI providers, and the information you submit to an AI Feature (such as your messages or photos) is sent to those providers as described in Quack Track’s Privacy Policy.

Output from the AI Features is produced automatically, may be incomplete or inaccurate, and is not reviewed before you see it unless a conversation is escalated to Quack Track’s team. You may ask the support assistant at any time to pass your conversation to Quack Track’s team. You are responsible for how you use any AI Feature output. YOU MUST NOT RELY ON THE AI FEATURES TO IDENTIFY A BIRD BEFORE YOU TAKE IT, TO DECIDE WHAT IS LEGAL, OR FOR ANY SAFETY, LEGAL OR EMERGENCY DECISION. You must always identify every bird yourself before taking it.

Nothing produced by an AI Feature is legal advice, and Quack Track will not tell you whether any particular action is legal.

5. HUNTING REGULATION INFORMATION; NO LEGAL ADVICE

Quack Track is not the law. The Sites show summaries of hunting seasons, bag and possession limits, shooting hours, zones and related rules (“Regulation Information”) compiled from state wildlife agencies and federal sources using automated tools and human review. Regulation Information is provided for convenience only. IT MAY BE INCOMPLETE, OUT OF DATE, SIMPLIFIED OR INACCURATE, AND IT MAY NOT REFLECT EMERGENCY CLOSURES, SPECIAL REGULATIONS, LOCAL ORDINANCES, PRIVATE LAND RULES, OR CHANGES MADE AFTER QUACK TRACK LAST REVIEWED A SOURCE.

You alone are responsible for knowing and following the law. While using the Sites, you must confirm all applicable federal, state, tribal and local laws and regulations with the official sources, including the regulations issued by your state wildlife agency and the U.S. Fish and Wildlife Service. You are solely responsible for having all required licenses, stamps and permits; hunting only during open seasons and legal hours, in places you are legally entitled to hunt; staying within all bag and possession limits; correctly identifying every bird before you take it; and using legal methods and equipment. By using the Sites, you acknowledge that Regulation Information is only a summary that may be inaccurate or out of date, and that you are responsible for complying with the official regulations.

Guidance, not enforcement. Counts, limits, warnings, labels such as “in season” or “limit reached,” shooting-light and sunrise alerts, and species identification results are for guidance only. They do not determine whether any action is legal. A feature that suggests you may take more, or that does not warn you, does not make it legal to do so.

No legal advice. Nothing on the Sites, including the support assistant, is legal advice.

No liability for reliance. To the fullest extent permitted by law, Quack Track is not liable for any citation, fine, penalty, license action, seizure or other consequence resulting from your reliance on Regulation Information or the AI Features.

Reporting errors. If you believe Regulation Information is inaccurate, please use the “Report an Issue” feature in the App or contact Quack Track at support@quacktrack.com. Quack Track may, but is not obligated to, correct it.

6. SAFETY; ASSUMPTION OF RISK

Hunting involves inherent and serious risks, including risks from firearms, water, boats, cold, weather, terrain, animals and other people, any of which can cause injury, illness or death. You participate in hunting voluntarily and accept all of those risks.

You are responsible for your own safety and the safety of those with you, including following firearm safety rules, checking weather and water conditions, and wearing appropriate safety equipment. Weather, maps, alerts and other information on the Sites may be inaccurate or delayed and must not be relied on for safety.

Emergencies. The Sites are not an emergency service. In an emergency, call 911.

Device use. Do not use the Sites in a way that distracts you while you are handling a firearm, operating a boat or vehicle, or doing anything else that requires your full and immediate attention.

7. FEEDBACK & CONSENT

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information about the Sites or Quack Track that you provide to Quack Track (but excluding your PII) (collectively, “Feedback”) is considered Quack Track’s proprietary information. Quack Track may use Feedback for any purpose, including, but not limited to, improving and modifying the Sites, and Quack Track will own all rights, title and interest in and to the Feedback and any resulting improvements and modifications.

These Sites may include interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must meet the standards set out in these Terms of Use. By submitting any User Content on these Sites, you grant to Quack Track and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, transferable, worldwide, royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display and distribute the User Content to operate, provide and improve the Sites. Quack Track may also use User Content that you make public, or that you consent to share, to promote the Sites. Quack Track will not use your private User Content, including photos you have not made public, to promote the Sites without your consent. This license ends when you delete the User Content or your account, except for User Content you have shared with other users (such as photos in a shared hunt) and copies kept as described in our Privacy Policy. You represent and warrant that you own or control all rights in and to the User Content and are entitled to grant the license described above to Quack Track and its affiliates, and each of their respective licensees, successors, and assigns. Quack Track is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, and telephone number(s) (collectively, “PII”) that you may give Quack Track, which is governed by the privacy standards set out in Quack Track’s Privacy Policy. To access parts of these Sites or some of the resources they offer, you may be asked to provide certain information, including, but not limited to, PII. Your use of these Sites is conditioned on all the information you provide on these Sites, including, but not limited to, PII, being accurate, current and complete.

8. PURCHASES; ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to certain portions or features of the Sites, including, but not limited to, subscriptions, contests, promotions or other similar features (as further described in Section 10 below), all of which are incorporated into these Terms of Use by this reference. You agree to comply with those other terms and conditions, including, where applicable, representing that you are old enough to use or participate in that service or feature. If these Terms of Use conflict with the terms posted for or applicable to a particular portion of the Sites or any service offered on or through the Sites, the latter terms will govern your use of that portion of the Sites or that service.

Except as stated in Section 9 regarding Memberships, all prices, discounts, and promotions posted on these Sites may change without notice. Quack Track may, from time to time, offer promotions or other discounts on product purchases. Quack Track reserves the right to suspend any such promotions, update product information and change prices at any time without notice. In addition, Quack Track reserves the right to change, limit, refuse, or cancel any order you place in our sole discretion. Quack Track strives to display accurate price information; however, the Sites may occasionally contain unintentional typographical errors, inaccuracies, or omissions relating to pricing and availability. Quack Track reserves the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders resulting from them.

Payment terms are within Quack Track’s sole discretion and, unless otherwise agreed in writing, payment must be received before Quack Track accepts an order. By entering into any transaction through the Sites, you represent and warrant that all information you provide is true, accurate, and complete (including, without limitation, your credit card information and billing address); that any credit card transactions you submit are authorized; that charges you incur will be honored by your credit card company; that you will pay the charges you incur at the posted prices; and that you are the lawful holder of any credit card or payment account used for any transaction through the Site.

If Quack Track determines, in its sole discretion, that you have engaged in an improper transaction, Quack Track reserves the right to immediately terminate any pending transactions, suspend your access to the Sites, and end all of Quack Track’s obligations under these Terms of Use.

By agreeing to the Terms of Use, you consent to payment processing for subscriptions and products purchased on these Sites being handled through third party software.

Return and Exchange Policy

Notwithstanding Section 9, if you are not satisfied with your purchase, or it is not quite what you wanted, eligible items may be returned. Please read our Return & Exchange Policy carefully:

1)To be returned or exchanged, a product must be unused, clean, and in NEW condition with all original tags attached and its product packaging undamaged.

2)Eligible items must be returned within 30 days of the original purchase date. We offer free return and exchange shipping on full-price items purchased in the lower 48 states. Free returns are not available for Alaska, Hawaii, or Canada. Shipping is non-refundable.

3)You must obtain a return number before sending back your product(s). Once your return authorization number is approved and issued, items purchased at MSRP will receive a printable UPS Ground return label. Return instructions will be provided for all eligible returns that do not qualify for a free return label.

4)A $3 restocking fee will be subtracted from all refunds.

PLEASE NOTE – we do not offer free returns or refunds for items purchased at a discounted price, or during sale and promotional periods. Items purchased on sale, during promotional periods or at a discounted price cannot be returned for a refund, ONLY for store credit. All purchases of items listed in our SALE section and advertised as LAST CHANCE may not be returned or exchanged. All LAST CHANCE sales are final.

If you have any questions or concerns, please email us at support@quacktrack.com

9. MEMBERSHIPS AND SUBSCRIPTIONS

Memberships. Many features of the Sites require a paid subscription (a “Membership”). The included features, prices and billing periods are shown before you buy. Quack Track may offer different Membership levels, trials or promotional access from time to time. This Section 9 controls over Section 8 with respect to Memberships.

Automatic renewal. MEMBERSHIPS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY OR YEARLY) AT THE THEN-CURRENT PRICE, AND YOUR PAYMENT METHOD WILL BE CHARGED, UNTIL YOU CANCEL. You may cancel at any time, and cancellation takes effect at the end of the current paid period. You keep access until then.

Where you purchase matters. If you buy a Membership through the Apple App Store or Google Play, your purchase is processed and billed by Apple or Google under their terms, and you must manage, cancel or request a refund through your Apple or Google account settings. To stop a store subscription from renewing, cancel at least 24 hours before the current period ends. Quack Track cannot cancel or refund store purchases for you. If you buy a Membership on Quack Track’s website, the purchase is processed by Quack Track’s payment processor (currently Stripe), and you may manage or cancel it from your account page at account.quacktrack.com.

Price changes. Quack Track may change Membership prices. For subscriptions purchased on Quack Track’s website, Quack Track will give you at least 30 days’ notice before a price increase applies to your next renewal, and you may cancel before it takes effect. For App Store and Google Play subscriptions, the store’s price-change rules and consent requirements apply.

Refunds. Except where required by law or as stated at purchase, Membership payments are non-refundable, and Quack Track does not provide refunds or credits for partial billing periods or unused time. For purchases on Quack Track’s website, Quack Track may issue a refund in its sole discretion. Refunds for store purchases are handled by Apple or Google.

Trials, promotional access and complimentary accounts. Quack Track may offer free or discounted access, including time-limited access when another user invites you, and complimentary access (for example, to testers or partners). The terms of each offer are shown when it is made. Unless otherwise stated, promotional access ends automatically and does not convert to a paid Membership unless you make a purchase. Quack Track may limit eligibility, including to one trial per person, phone number or device, may change or end complimentary access at any time, and may end any offer that is abused.

Taxes. Prices may not include taxes. You are responsible for any applicable taxes, which will be added where required.

Expired Memberships. If your Membership ends, your access to paid features ends, but Quack Track will keep your account and data in accordance with its Privacy Policy unless you delete your account.

Merchandise. Merchandise sold through the Quack Track shop is governed by Section 8 and by the shop’s terms and shipping and return policies shown at checkout. Merchandise purchases are not Memberships.

10. SWEEPSTAKES, CONTESTS, AND PROMOTIONS

Notwithstanding the above, the ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”) will be governed by the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, those terms of service may, for example, allow Quack Track to contact you to confirm your eligibility, use your physical address for prize fulfillment, share your PII with third parties that provide services in connection with the Promotion or for prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to tell you about a product or later Promotion we think may interest you. If you no longer want to receive information about products or Promotions, you may opt out by clicking the “Unsubscribe” link in those e-mails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.

11. PRIVACY

Quack Track’s Privacy Policy applies to your use of these Sites, and its terms are incorporated into these Terms of Use by this reference. You can read Quack Track’s Privacy Policy here: https://www.quacktrack.com/privacy-policy. In addition, by using the Sites, you acknowledge and agree that Internet transmissions are never entirely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even where a notice says that a particular transmission is encrypted.

12. THIRD-PARTY CONTENT, LINKS AND SERVICES

The Sites may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and offers to purchase products or services (collectively, “Third-Party Content”). In consideration of the convenience of Quack Track making this Third-Party Content available or accessible to you, you acknowledge that Quack Track has not reviewed all of the Third-Party Content and that Quack Track is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties that offer Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please note that access to any Third-Party Content does not constitute an endorsement by Quack Track or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Similarly, Quack Track is not the seller of products bought from third parties offering Third-Party Content and is not responsible for shipping their products. Quack Track may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you acknowledge and agree that such third party involvement is acceptable. Without limiting the foregoing, the Sites rely on third-party services such as app stores, payment processors, map, weather and artificial intelligence providers, and the Quack Track shop platform; your use of those services may be governed by their own terms and privacy policies, and their availability may change.

If Quack Track provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through Quack Track’s links, please note that the information you post, send, or otherwise make available on those websites may be visible to the general public. Quack Track does not control User Content on social media homepages and is not responsible for any third-party use of User Content you have posted, sent, or otherwise made available there.

13. CO-BRANDED PRODUCTS OR SERVICES

Quack Track may offer products or services that are co-branded or provided jointly with another company. If you sign up for or use such products or services, you agree that both Quack Track and the other company may receive, and Quack Track may share, your data (including, without limitation, your PII) to fulfill and deliver the co-branded products or services to you. For more information, please see Quack Track’s Privacy Policy.

14. MONITORING; COPYRIGHT COMPLAINTS

You agree that Quack Track has the right, but not the duty, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in Quack Track’s sole discretion, any Material and Content anywhere on these Sites. Despite this right, Quack Track does not and cannot review all Materials, User Content, PII, and Feedback submitted to these Sites. If notified, Quack Track may investigate a claim that content sent to Quack Track violates these Terms of Use, and Quack Track will decide whether to remove the communication. However, Quack Track has no obligation to remove content and accepts no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of these Sites, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in it.

Quack Track may, in appropriate circumstances and in its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and can be accessed on these Sites in a way that constitutes copyright infringement, you may notify Quack Track by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

•A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

•Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at these Sites are covered by a single notification, a representative list of such works at these Sites;

•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Quack Track to locate the material;

•Information reasonably sufficient to permit Quack Track to contact you, such as an address, telephone number, and if available, an e-mail address;

•A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and

•A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to Quack Track by e-mail and U.S. Mail to:

Quack Track, LLC

Attn: Copyright

9175 E. 35th St. N.

Wichita, KS 67226

Email: support@quacktrack.com

Email Subject: “DMCA Request”

15. DISCLAIMERS

QUACK TRACK DOES NOT GUARANTEE THAT THE SITES OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITES WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PRODUCE SPECIFIC RESULTS. THE SITES AND THEIR CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PRESENTED ON THE SITES MAY CHANGE WITHOUT NOTICE. QUACK TRACK CANNOT GUARANTEE THAT THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES, WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. WITHOUT LIMITING THE FOREGOING, QUACK TRACK DOES NOT WARRANT THAT ANY REGULATION INFORMATION, WEATHER, MAPS, ALERTS, SPECIES IDENTIFICATIONS, AI FEATURE OUTPUT OR OTHER INFORMATION IS ACCURATE, COMPLETE OR CURRENT, OR THAT ANY FEATURE WILL WORK OFFLINE OR THAT DATA WILL NOT BE LOST. QUACK TRACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUACK TRACK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATING TO YOUR USE OF THE SITES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST QUACK TRACK FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.

16. APPLICABLE LAW AND VENUE; DISPUTE RESOLUTION

By using these Sites you irrevocably agree that the laws of the state of Kansas, without regard to its conflicts of laws provisions, will govern any and all disputes with Quack Track relating to these Terms of Use. Subject to the injunctive relief terms in these Terms of Use, you also irrevocably agree to the exclusive venue of the courts located in Wichita, Kansas. If you access the Sites from outside the United States, you do so at your own risk and are responsible for complying with the laws of your jurisdiction.

Any dispute relating in any way to your visit to these Sites will be submitted to confidential arbitration in Wichita, Kansas, except that, to the extent you have in any way violated or threatened to violate Quack Track’s intellectual property rights, Quack Track may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in those courts. Arbitration under these Terms of Use will be conducted under the then-current rules of the American Arbitration Association in accordance with its Consumer Arbitration Rules and before a single arbitrator. The arbitrator selected must have expertise in the subject matter of the dispute. The arbitration expenses charged by the arbitrator will be paid by the prevailing party or otherwise allocated appropriately between the parties by the arbitrator in his or her discretion. In all other respects, however, each party will pay its own costs, legal fees and expenses. The arbitration must be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever comes first).

The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documents relating to any arbitration will be treated as confidential information. Neither party may use, disclose, or reveal any such information unless required by law.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined with an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree to arbitrate on an individual basis. In any dispute, NEITHER YOU NOR QUACK TRACK WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate the claims of more than one (1) person, and may not otherwise preside over any form of representative or class proceeding. The arbitral tribunal has no authority to decide the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may be brought only in a court of competent jurisdiction.

17. AGE RESTRICTION

THE SITES ARE INTENDED FOR ADULTS AGES 18 AND OLDER. USERS UNDER 18 YEARS OF AGE ARE PROHIBITED FROM USING THE SITES FOR ANY REASON. BY USING THESE SITES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

18. LIMITATION OF LIABILITY

IN NO EVENT WILL QUACK TRACK, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR ANY FINE, PENALTY, CITATION, LICENSE ACTION, SEIZURE OR OTHER LEGAL CONSEQUENCE) ARISING FROM YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITES (INCLUDING REGULATION INFORMATION AND AI FEATURES). THIS LIMITATION OF LIABILITY APPLIES TO BAR RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THEIR SUBJECT MATTER, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF QUACK TRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance on the Sites (including Regulation Information and the AI Features), including, without limitation, damages you may suffer because of Third-Party Content advertised on, or linked to, the Site.

Any cause of action or claim you may have relating to these Sites must be filed within one (1) year after the claim or cause of action arises.

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. As a result, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use will remain in full force and effect.

19. INDEMNITY

You agree to defend, indemnify, and hold harmless Quack Track and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, the fees, costs and other expenses of attorneys and expert witnesses) arising from or relating to: (i) your use of the Sites, including, but not limited to, any Materials or User Content, (ii) any violation by you of these Terms of Use or applicable law in connection with your use of the Sites, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you of any intellectual property, privacy or other right of any third party, or (iv) your hunting activities or your use of, or reliance on, any Regulation Information or AI Feature.

Quack Track reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you may not in any case settle or otherwise resolve any matter without Quack Track’s prior written consent.

20. RIGHTS TO TERMINATE USE

Quack Track will retain your data in accordance with its Privacy Policy. Please note that any provisions of these Terms of Use that by their nature survive any expiration or termination of these Terms of Use will continue to survive.

To the extent any part of these Sites offers subscriptions to users, Quack Track reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, and affected users will be notified of the cancellation. If Quack Track cancels or terminates your Membership without cause, Quack Track will refund any prepaid fees for the unused portion of a Membership purchased on its website (refunds for store purchases are handled by Apple or Google). Complimentary and promotional access may be changed or ended at any time as described in Section 9.

Account deletion. You may stop using the Sites at any time and may delete your account in the App (Account > Delete Account) or by contacting Quack Track at support@quacktrack.com. Deleting your account does not cancel a subscription purchased through the Apple App Store or Google Play; you must cancel it with Apple or Google first. After your account is deleted, Quack Track will delete or de-identify your personal information as described in its Privacy Policy.

You agree that Quack Track reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Sites at any time if Quack Track has determined, in its sole discretion, that your use of the Sites is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO QUACK TRACK AND WITHOUT ANY LIABILITY WHATSOEVER, QUACK TRACK MAY AT ANY TIME AND WITHOUT NOTICE TERMINATE OR RESTRICT YOUR ACCESS TO THE SITE.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to Quack Track, for which monetary damages would be inadequate, and you consent to Quack Track obtaining any injunctive or equitable relief that Quack Track considers necessary or appropriate in those circumstances. These remedies are in addition to any other remedies Quack Track may have at law or in equity.

21. STATE-SPECIFIC PROVISIONS

Under California Civil Code Section 1789.3, users of these Sites from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Quack Track may be contacted by e-mail at support@quacktrack.com.

22. MOBILE MESSAGING TERMS & CONDITIONS

By opting in to receive messages, you agree to receive autodialed marketing text messages (including SMS and MMS) from Quack Track. These messages may include, but are not limited to: updates about new content, videos, podcasts, product releases, back-in-stock notifications, sales and promotional offers, giveaways or sweepstakes, event announcements, and other marketing or informational messages about Quack Track. The text messages may be sent using an automatic telephone dialing system, and will be sent to the mobile phone number you provided when signing up, or to any other number you designate. There is no fee to receive these text messages, and receiving them is not a condition of purchasing any goods or services. You may receive up to four texts per month, but we reserve the right to increase or decrease this number. We reserve the right to disclose any information as necessary to comply with any law, regulation, or governmental request, to avoid liability, or to protect our rights or property.

Cancelation

You may cancel the service at any time. Just text "STOP" in reply to the most recent message you received. After you send us a "STOP" message, we will send you one reply message confirming that you have been unsubscribed. After that, you will no longer receive messages from us. If you want to rejoin, just sign up the same way you did the first time and we will start sending messages to you again.

Customer Care

If you have any problems, please contact our customer service agents by emailing support@quacktrack.com

Carriers

The wireless carriers are not liable for delayed or undelivered messages. You agree to provide us a valid mobile number. If you change your mobile phone number, please opt out of the Service before switching numbers.

Rates & Frequency

As always, message and data rates may apply to any messages we send to you and you send to us. Any charges are billed by your wireless provider or deducted from your prepaid balance. You are responsible for all charges and fees for text messaging imposed by your wireless service provider. If you have questions about your text plan or data plan, please contact your wireless provider.

Main Privacy Policy

By signing up to receive text messages from us, you also agree to our main Privacy Policy.

23. APP STORE TERMS

Apple. If you downloaded the App from the Apple App Store: (a) these Terms of Use are between you and Quack Track only, not Apple, and Quack Track, not Apple, is solely responsible for the App and its content; (b) your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing; (c) Apple has no obligation to provide maintenance or support for the App; (d) if the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) of the App, and to the maximum extent permitted by law Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Quack Track’s responsibility to the extent not effectively disclaimed; (e) Quack Track, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws; (f) Quack Track, not Apple, is responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or your use of it infringes intellectual property rights; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties; (h) you must comply with any applicable third-party terms when using the App; and (i) Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance, Apple will have the right to enforce these Terms of Use against you as a third-party beneficiary.

Google. If you downloaded the App from Google Play, these Terms of Use are between you and Quack Track only, not Google. Google is not responsible for the App, and your use is also subject to the Google Play Terms of Service. Where these Terms of Use conflict with Google Play’s terms regarding your use of the App, Google Play’s terms control to the extent of the conflict.

Questions and claims. Questions and claims about the App should be directed to Quack Track at support@quacktrack.com.

24. MISCELLANEOUS

Quack Track’s failure to insist on or enforce strict performance of any provision of these Terms of Use will not be interpreted as a waiver of any provision or right. Neither the parties’ course of conduct nor trade practice will modify any of these Terms of Use. Quack Track may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You may not assign any of your rights or delegate any of your obligations under these Terms of Use without Quack Track’s prior written consent. Any attempted assignment or delegation in violation of this Section is null and void. No assignment or delegation releases you from any of your obligations under these Terms of Use. If any provision of these Terms of Use is found unlawful, void, or for any reason unenforceable, that provision will be considered severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. Sections 1 through 23, along with any other provisions that by their nature should survive, will survive any termination of these Terms of Use. These Terms of Use, together with Quack Track’s Privacy Policy, are the entire agreement between the parties about their subject matter and fully replace any and all prior written or oral agreements between the parties on that subject matter.

If you have any questions or comments about these Terms of Use, Quack Track’s Privacy Policy, or these Sites, please contact Quack Track by email at support@quacktrack.com