Terms of Service: Terms of Use RaceClass.com -
Terms of Service | Terms of Use | User Agreement RaceClass.com
Acceptance of Terms:
We invite You to use Our Services and access Our Website RaceClass.com. Thank You for being here.
In these "Terms"
"We", "Our", "Us", means RaceDrive Interactive
Inc. the Owner of RaceClass.com
"Website", "Service" means the RaceClass.com Website
"User", "You", "Your" means the User of the Online
Services
Welcome to the Website and Services of RaceDrive Interactive Inc. Please read
these Terms of Service ("Terms") carefully. The RaceClass Online Classifieds
(RaceClass.com), through websites, programs and computer servers, provides a
collection of Online Classified Advertisements and email forwarding (referred to hereafter as "the Service") which is subject to the
following Terms of Use ("Terms"). This Agreement is a legally binding
agreement between any person or entity ("User") and RaceDrive Interactive
Inc. for the RaceClass.com Services (the "Site" or "Service").
Last Updated August 21, 2020
Any person or entity ("User") accessing and or use of the RaceClass.com
Website and other RaceDrive Interactive Inc. Web Services (the "Site"
or "Service") or any of the information contained herein, agrees to
and is bound by and subject to the following Terms and Conditions of this RaceClass.com
Web Website Terms of Service ("Agreement"):
Services include computer software, data storage systems, databases, designs,
printed materials, and electronic and on-line documentation. By accessing and
using these Web Services of RaceClass.com and RaceDrive Interactive Inc., User
agrees to be bound by these Terms of Service. Users are granted a limited, revocable,
nonexclusive license to access the Service and by accessing the Service, User
will signify User acceptance of these Terms and constitute a binding agreement
between User and RaceDrive Interactive Inc. ("Agreement")
By using this Website, You agree and accept without any modification all of
the Terms, Conditions, and notices contained in this Terms of Service in order
to access and use the Service. On accessing RaceClass.com on this and each subsequent
occasion, by the use of the Website constitutes User acceptance of these Terms
and becomes a party to a legally binding contract with RaceDrive Interactive
Inc. ; if User does not agree with all these Terms, in its entirety, do not
use the RaceClass.com Website and discontinue use of the Service immediately
and User is not authorized to use or access the Service.
If You can not or do not understand and agree to these Terms, You can not use
the Website.
Use of Service is expressly conditioned upon User's assent to all these Terms.
These Terms govern Your use of the RaceClass.com Website and only to this Website.
These Terms do not apply to any offline activities by RaceDrive Interactive
Inc. or other Websites owned by RaceDrive Interactive Inc. ( unless specifically
stated).
You may wish to save a copy of, or Print these Terms of Service
Outside of Our own efforts and these Terms of Service, You may be exposed to
objectionable, indecent or offensive content when accessing the Website. Because
of this, You use the Website at Your own risk. Software and Services are available
to limit Your exposure to material that You may find objectionable, but We are
under no obligation to provide or enable said Services to work with Our Service.
For Your convenience the section headings in these Terms of Service are for
convenience only and have no legal or contractual effect.
Description of Service:
RaceClass.com is operated by RaceDrive Interactive Inc. ("RaceDrive Interactive
Inc." or "We"). The "RaceClass.com Service" (or "Service")
includes the RaceClass.com Website that provides access to Classified Advertising
listings content, mainly of Automotive, Motorsport and High Performance Parts
and Services.
RaceClass.com provides an information Service to bring together buyers and
sellers.
Any information about items or Services for sale is not provided by Us, but
by the seller. Our Service has no involvement in negotiation between seller
and buyer, price for sale or any other Terms of any sale. We do not verify
information on individuals or items or Services for sale. If You find something
that sounds too good to be true, You may have just done that. We provide no
recommendation that anything for sale or Service will be found fit for a certain
situation. Buyer beware applies, and it is up to the buyer to see
that whatever is purchased is fit for the application.
Our Service does not provide advice, and no decisions or actions should be
based on, or relying on material found in the Website. We are not responsible
for and have no guarantee of performance for any items or goods or Services
listed on Our Service.
User understands that in performing the required technical steps to provide
Our Service, We may make changes to Your content to conform with and adapt that
content for the technical requirements of Our Service and/or connecting devices,
Services, networks and media.
We may engage the Services
of third parties or certain affiliates to provide all or part of the Service
to You and User hereby acknowledges and agrees to such third party involvement.
Privacy Policy:
Disclosure on Privacy Policy
and Information:
RaceDrive Interactive Inc. takes the matter of User's Privacy very seriously. RaceDrive Interactive Inc. has established a Privacy Policy to explain to Users how their information is collected and used, which is located at the following Web address: RaceClass.com/rpm/privacy.html
User's use of the Service signifies acknowledgment of and agreement to Our Privacy Policy.
User further acknowledges and agrees that RaceDrive Interactive Inc. may, in its sole discretion, preserve or disclose User Content, as Well as User information, such as email addresses,
IP addresses, time stamps, and other User information, if required to do so by law.
Listings and Postings:
We want You to have a great
experience with Our Service and because of this even though We are under no
obligation to do so, We reserve the right, but have no obligation to do so,
some listings or content may be edited or pre-screened, rejected, quarantined, deleted or moved before any posting to RaceClass.com,
without obligation to any person. There may be a delay of Your listing to allow for this process.
We are under no obligation to do so, but some email messages sent to sellers about listings on RaceClass.com
may be screened.
Whether
for legal reasons or other, if We find listings that are inappropriate or unacceptable
We may at Our own choosing, but are under no obligation to do so, edit, move,
delete, condense any listing, comments, postings, reviews, ratings or other
postings.
Our Service does not provide
advice, and no decisions or actions should be based on, or by relying on material
found in the Website.
User listing must list the
actual price that User is prepared to sell the item for. Listings that do not
display a reasonable selling price, or otherwise have the intent to deceive
or attract unwarranted attention, will be deleted immediately without notice.
This includes the printing of Text on Images, the insertion of random text and
obfuscation or redirection.
You must actually have and
control the item in Your possession. Posting a listing on RaceClass.com on behalf
of another, or a third party is expressly prohibited. Users may not post or
promote content for others, or encourage, induce, permit or enable any third
parties to place a listing or content on their behalf.
The title for Your listing
must be concise and limited specifically to the specific goods that are
offered for sale in Your listing. Decoy price listing amounts will not be tolerated
and will be grounds for immediate deletion of the listing. Including any efforts
deemed an attempt to generate unwarranted search results by listing multiple
brands, locations, or keyword stuffing of Terms, words etc.
If You are a Motor Vehicle
Dealer as per Colorado Law You are required to include the dealer’s name
or the word “dealer” in the advertisement listing, or both name
and the word “dealer” if the name appears but does not clearly reflect
that the business is a dealer.
When placing a listing User
will be asked to provide certain identifying and contact information to allow
buyers to contact User concerning User's listing. A working phone number and
email is required to place a listing.
You may not charge for information
about any listing.
You may not use RaceClass.com
to promote, without prior written permission from Us, any other product, Service
or Website.
Each listing purchased is
to be used for the advertisement of one (1) item only regardless of the listing
duration.
For this reason You can not
edit the Title of Your listing, or the Description of Your listing. Please use
the Preview Feature to double check Your information before submitting Your
listing information. Be sure that Your information is accurate as listing fees
are not refundable.
We WANT YOU to sell Your
item. Users are allowed editing of their listing's Price, Contact Information,
Location, category and images/media to further assist in selling.
The Standard RaceClass.com
User's listing will run for 21 days. If User has not sold User's item, User may renew
User's listing until it sells providing that User renews the listing prior to User's
listing expiring. We
will send User emails reminding User to renew User's listing.
It is Your responsibility
regardless of whether You receive a reminder email or not from Us to renew Your
listing by logging in to the Service and manually renewing Your listing before
it expires.
If there is a failure to
deliver such notice this shall not reduce or eliminate the User's responsibility
to renew the listing prior to User's listing expiring, if User wishes the listing
to continue to be posted on RaceClass.com
You may not post Your listing
in more than one Category. The listing must be placed in an appropriate category.
You may edit Your choice of Category in Your My Account Section of the Service.
If there is not a category that suits Your listing do not post a listing, but
feel free to contact Us to make a new Category suggestion.
You may not add content to
a content field not intended for that type of information.
You may not use Web URL's,
hypertext links, or Web links in Your listings without the prior written consent
of Us.
We may also promote and or
distribute Your listing through other means or through third-party sites and
Services. If this happens there will be no additional charge for such Service,
it would just be part of Our desire to help You sell Your item.
The responsibility lies with You for the information and content provided in Your listing (s) and the content
of any or all email messages sent through RaceClass.com.
We are under no obligation
to do so, but We may perform random tests of the quality of offerings for sale
on Our Service to confirm that sellers are actually prepared to complete sales
and with prices as advertised. Bait and switch as well as deceptive or unfair
practices will not be tolerated. If We find that Users are doing so We
will immediately delete the User's accounts and User will be barred from further use of
Our Service.
Users must both personally
and manually post listings to RaceClass.com without the use of any automated
means. Automated Listings or any attempt to post listings, or develop, market, offer for sale, distribute, software,
Services, applications for automated postings of listings is expressly prohibited.
Any User who does this will be liable and responsible to Us for each instance
of such use.
Prohibited Listing and Content Policy:
User agrees not to display,
list or upload or to attempt to do so content, listings or other, that contains
or may contain, objectionable content, explicit content, sexually graphic material,
nudity, or any content that may be deemed invasive, hateful, harassing, abusive,
defamatory, racially, ethnically or otherwise objectionable.
User also agrees not to display, list or upload or to attempt to do so, content, listings or other that contains
listings offering for sale Guns, Weapons, Fireworks, Pornography, Alcohol,
Tobacco, Counterfeit Items, Listings for Adult goods and/or Services are all prohibited.
All listings must be for goods or Services that are permitted under Colorado and United States of America
Law.
Employment and Service listings are not allowed at this time.
Advertising:
We may place and display
advertisements and promotions that may be targeted to content subject matter
on the RaceClass.com Service, including in emails to Users of Our Service.
As Our Services are supported by advertising revenue User agrees that We may
place advertising and promotional displays on or in conjunction with User's
listings, content and in emails to Users. Without specific notice to the User,
decisions regarding the use, placing, manner, content, extent, Terms and mode
of such promotions and advertising are subject to change without notice to User.
Users interactions, reliance on, transactions or legal obligations created with any advertisers found on
Our Service are as always with any third party, solely between User and such
advertisers.
Fees:
The fee for listing is a
one time fee. Their will be no renewal fee as long as Your listing is renewed
before Your listing expires. Because of this You may keep Your listing on the
RaceClass.com Website until Your item sells.
Ours fee are quoted in US Dollars and We may change them from time to time. If Our fees or payment structure
or features change, We will post these changes on the Website.
Except where required by law all Our fees are non-refundable, including where paid listings are removed
or deleted by Us. It is User's responsibility to pay the fees when Users submit
listings. User is responsible for any fees due that are generated through the
use of User's account.
Modifications and Limitations to Service:
User acknowledges that We reserve the right at any time and from time to time
and at Our sole discretion to modify, change, restrict access to, suspend or
discontinue, temporarily or permanently, the Service (or any portion or part
thereof) with or without notice, and We shall not be liable to User or to any
third party for any modification, suspension or discontinuance of the Service.
User acknowledges that We may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the Service,
the maximum number and size of postings, email messages, or other Content that
may be transmitted or stored by the Service, and the frequency with which User
may access the Service.
User agrees that We have no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service.
Modifications to this Agreement:
We reserve the right, at Our sole discretion, to change, modify or otherwise
alter these Terms and Conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. Users must review this agreement
on a regular basis to keep apprised of any changes.
Users can find the most recent version of these Terms at: https://raceclass.com/rpm/tos.html
Your continued use will be deemed an indication of Your acceptance of the most
recent Terms of Service
Member Registration and Account:
We require Users who wish to join the RaceClass.com community and gain access
to the Member's Only features of the Service to register. To register, We must
be provided with a verifiable email address and password which provides a verifiable
point of contact. Keep Your password secure and choose a strong password.
When User registers, User will have the ability to keep User email address
hidden from other Users by selecting that option within User profile.
Users may also have the option of providing some additional information such
as interests, location, geographic location, occupation, etc. This optional
information may be made available to other RaceClass.com Users. If a User has
any concerns about providing this information, simply leave the fields blank
and User registration will still be processed. User will receive a password
and account designation upon completing the registration process.
You may not use Web URL's, hypertext links, or Web links in Your account name
and or information without the prior written consent of Us.
Users are responsible for maintaining the confidentiality of the account, and
a working and up to date email address and password, and are fully responsible
for all activities that occur under the User's account and password.
A business is allowed one account. An individual is allowed one account. If
an individual or business is found to be using multiple accounts, all accounts
and any additional accounts and listings will be deleted. If Your account is banned
permanently You may not create another account on RaceClass.com.
User agrees to immediately notify RaceDrive Interactive Inc. of any unauthorized
use of User's account, account information and password or any other breach
of security. User agrees to ensure that the User will exit from the User account
at the end of each session. We cannot and will not be liable for any loss or
damage arising from User failure to provide Us with accurate information, or
to keep User's account information secure, or to comply with these requirements.
User is solely responsible for providing own hardware, equipment and communications
Service required to access Our Service. User is responsible for all fees associated
with accessing Our Services in any means whatsoever including but not limited to
airtime charges, satellite fees, cable fees, computing and internet Service,
telecommunications fees or any other provider fees.
User Account:
Certain portions of the Service are available only to individuals who have
registered with and obtained a password from RaceClass.com. There is no cost
to register on RaceClass.com. By registering with RaceClass.com, Users certify
that the User is at least 18 years of age. User may not attempt to register
or provide or use a password, email address, or any other information of anyone
else without the owner's authorization.
User agrees to provide, be responsible for and maintain the accuracy of true,
accurate, current and complete information about the User when User registers
with RaceClass.com, and to maintain and promptly update that information to
keep it true, accurate, current and complete.
We have no responsibility or obligation to verify the identity of Users of
Our Service, nor obligation to monitor the uses of Our Services, therefore We
disclaim and all liability for identity theft and/or any misuse of Your identity
or information.
User is responsible for maintaining the confidentiality of User account and
password and for restricting access to User computer, and User agrees to accept
responsibility for all activities that occur under User account, including the
selection and use of all content and Services.
User warrants that they are not prohibited from receiving United States origin
products, including Services and software.
The use of Our Services is subject to the Export Administration Regulations
[ EAR ] which are set by the U.S. Department of Commerce Bureau of Industry
and Security (BIS) who regulates and controls exports of goods from the United
States.
Email:
Users must maintain a working
and up to date email address, and keep that information and contact information
current in Users account. If a User's email address changes, the User is required
to notify Us with the new information immediately or the User's account and
all listings will be deleted.
User agrees that We may
communicate with User about User's account and the Website by the email address
that User provides to Us.
We may place and display
advertisements and promotions that may be targeted to content subject matter
in Our emails or other communication with Users on the RaceClass.com Service.
Without specific notice to the User, decisions regarding the use, placing, manner, content, extent,
Terms and mode of such promotions and advertising are subject to change without
notice to User.
User Conduct:
User warrants that User will not use the Service for any unlawful purpose.
User warrants that User will not "stalk" or otherwise harass, threaten,
mock, ridicule, disparage, defame, libel anyone, including offensive actions
or comments or postings that are connected to gender, sexual preference, physical
handicap, race, national origin, or take action that could be deemed invasive
to another's privacy. This includes, but is not limited to the posting of another's
contact information, likeness or any other personal information without the
consent and permission from that person.
User may not intentionally or unintentionally violate any applicable local,
state, national or international law and in accordance with these Terms, any
operating rules established by this Terms of Service.
User account is for Your own personal use only. Users may not post or promote
content for others and You may not sell, barter or trade Your account. No compensation
may be accepted for actions taken on the Website.
We reserve the right to refuse Service, terminate, modify, deactivate, limit
or delete User accounts, or cancel orders in its sole discretion, including,
without limitation, based on any activity by a User in violation of these Terms.
We reserve the right to block Users from accessing Our Service entirely.
If User account is deleted, blocked, deactivated, limited for breach of Our
Terms of Service User may not create another User Account without Our permission.
User is solely responsible for User's own conduct in using this Service, and
will indemnify and hold harmless RaceDrive Interactive Inc. from any claims,
liability, damages or costs that result from User conduct in using this Service.
User specifically agrees that neither We are responsible or liable to User or
anyone else for any threatening, defamatory, obscene, offensive, tortious, or
illegal conduct of Users or of any other party or any infringement of another's
rights, including but not limited to intellectual property rights, arising on,
from, or in connection with the Service.
Any submissions or actions that are in violation of applicable local, state,
national or international laws including regulations of the U.S. Securities
and Exchange Commission or other Securities Exchanges may lead to legal action
against You.
Without Our consent, User
may not assign rights, or transfer rights and obligations under this agreement
to any other person.
User is solely responsible
for User's review and to comply with Our Privacy Policy RaceClass.com/rpm/privacy.html
User is solely responsible
for User's review and to comply with any notices including emails sent by Us
to the User.
User is solely responsible
for User's review and to comply with all applicable laws, and without limitation
privacy laws, intellectual property laws, export control laws, tax laws and
regulatory requirements and laws.
All posts are the work and responsibility of the authors:
Everything that is submitted to the Service using Your account is Your responsibility, including posting by others who may have gained access to Your account.All authors represent that their posts do not contain copyright infringements and that it is their own work and that the author is the holder of the copyright. User is entirely responsible for all Content including, but not limited to postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, that the User posts, e-mails uploads, transmits or otherwise makes available via the Service.
Any statements, advice, opinions, goods and services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or publisher(s) and not of RaceDrive Interactive Inc.
User understands that all, but not limited to, data, information, text, music, software, sound, video, photographs, graphics, messages or other materials ("Content"), whether privately transmitted or publicly posted, are the sole responsibility of the person from which such Content originated. We will not be held responsible for the content of any message or posting. All messages express the views of their author.
We do not in any way shape or form guarantee the accuracy, integrity or quality of such Content. It is User's responsibility to determine if content is accurate or reliable.
User warrants that User will not post, upload, email, transmit, messages or comments or otherwise make available any Content that is: obscene, vulgar, sexually-oriented, threatening, hateful, knowingly false, deceitful, misinforms, uses "bait and switch" tactics, unlawful, harmful, abusive, harassing, pornographic or depicts an act of sexual conduct, bigotry, using profanity of any kind, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable, or directed toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or would harm minors in any way or otherwise violate of any laws.
User warrants that User will not use any form of automated device or computer program that enables the submission of postings on the Service without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
User agrees not to use a registered Username, avatar, "smilie" or other content or images that We find objectionable. We have the right to remove, edit, move or close any postings or messages for any reason whatsoever. We also has the right to ban any User as We see fit.
We have the right to remove, edit, and force forfeiture of any username that violates trademark, may mislead others or becomes inactive.
We reserve the right, on behalf of businesses, individuals and organizations to reclaim Usernames, that hold legal claim or trademark on those Usernames.
User understands that We do not control, and are not responsible for and make no representation or warranties with respect to any User, User Conduct or User Content made available through the Service, and that by using the Service, User may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
User is solely responsible for Your interactions or reliance on other Users of the Service. It is up to User to inquire, perform any necessary prudent, and appropriate or judicious investigation and or due diligence with respect to any User or Content placed on Our Service.
We exclude all liability for and under no circumstances will We be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content transmitted, posted, e-mailed, or otherwise made available via the Service, including and illegality that may arise from any content errors, inaccuracies or omissions.
Violations of Our Terms of Service may include, but are not limited to:
Spamming, or posting the same or essentially the same messages, postings, comments or similar Content multiple times in one or more areas of the Service, or otherwise impose an disproportionately large or unreasonable load on Our infrastructure.Messages, postings, comments that organize any adverse sentiment or action against RaceDrive Interactive Inc. or any other entity associated with RaceDrive Interactive Inc. or its members.
Allowing the use of the User's RaceClass.com Username and or messages, postings, comments privileges by anyone other than the User.
Messages, postings, comments that disclose other identifying or personal information of a RaceClass.com Member that said Member has not made public via their RaceClass.com Registration/public profile or RaceClass.com messages, postings or comments.
Using the Service or User account for any purpose that is unlawful or contrary to this Terms of Service.
Attempts to distribute chain letters, pyramid schemes, spam, viruses, malware or trojans of any kind.
Using the Service in any manner or activity, or attempting to that could damage, disable, overburden, diminishes the quality of, disrupts, interfere with or attempt to gain unauthorized access or impairs the functionality or performance of the network, the Service's computer systems, servers or networks connected to the Service, such as but not limited to disrupting the normal flow of dialog with an excessive number of messages (flooding attack) to the Service, or otherwise negatively interfere with any other other Users' ability to use and enjoy the Service.
Attempting to damage, deny Service to, hack, crack, reverse-engineer, decompile, disassemble, disobey any requirements, procedures, regulations, policies or otherwise interfere (collectively, "Interfere") with the Service, or networks connected to the Service in any manner. Also any attempts to copy, acquire identify, emulate source or object code is expressly prohibited.
Users may not attempt to enable, permit, encourage, or induce others to do any of the unauthorized and prohibited activities. Including User's attempt to virgilize or virgilization of Our Services.
If User in any way interferes with Service, User agrees to pay all damages incurred by RaceDrive Interactive Inc., including any consequential damages, and agrees that the measure of hard to determine damages will be of the highest estimate of damages as provided by RaceDrive Interactive Inc.
Use that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service
Use of the Service as a forwarding means to another Website or Service.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by RaceDrive Interactive Inc. including the prohibition of the use of technology or product that exists now or in the future for this purpose.
User's Interference with Service relieves RaceDrive Interactive Inc. of any of its contractual or other legal obligations to User, including RaceDrive Interactive Inc.'s obligations under its Privacy Policy.
We will cooperate with the authorities in prosecuting any User who Interferes with the Service, attempts to defraud RaceDrive Interactive Inc., or attempts to defraud credit card companies or any and all other parties through the User's use of the Service.
User may not attempt to gain unauthorized access to any RaceClass.com account, computer system(s) or network(s) associated with RaceDrive Interactive Inc.
User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through RaceDrive Interactive Inc.
No Spam policy:
User understands and agrees that sending unsolicited email advertisements
to RaceDrive Interactive Inc. email addresses or through RaceDrive Interactive
Inc. computer systems, is expressly prohibited by these Terms.
User agrees to use the responding email address and contact information of
those sending You emails only for the purposes of communicating for the purposes
of the sale of Your listing.
Also Users may not use the contact information provided by Users of Our Service
who have posted listings to contact them with other interests other than a genuine
inquiry relating to the purchase of the item in the listing.
Violations of Our Terms of Service may include, but are not limited to:
Any unauthorized use of RaceDrive Interactive Inc. computer systems is a violation
of these Terms and certain federal and state laws, including without limitation
the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and the Identity
Theft Enforcement and Restitution Act.
Such violations may subject the sender and his or her agents to criminal and
civil penalties.
Violation of any of the items in this Terms of Service relieves RaceDrive Interactive
Inc. of any of its contractual or other legal obligations to User, including
RaceDrive Interactive Inc. obligations under its Privacy Policy.
We reserve the right to refuse any or all Service to any User for any reason,
at any time, at the sole discretion of RaceDrive Interactive Inc.
User agrees that We may block its IP address or addresses at any time, and
at RaceDrive Interactive Inc.'s sole discretion, thereby disallowing User's
continued use of the Service.
Violations of Our Terms of Service may include, but are not limited to:
Use that constitutes or contains any form of advertising, solicitation, promotional
materials if it is posted in areas of the Service which are not designated for
such purposes - or e-mailed to RaceClass.com Users who have not indicated in
writing that they wish to receive such information.
Attempt(s) to impersonate any person or entity, but not limited to, a RaceDrive
Interactive Inc. employee, Team leader, or Our agent working in an authorized
capacity regardless of the name or account used or the method of impersonation,
or falsely states or otherwise misrepresents User affiliation with a person
or entity.
Any attempt to solicit a RaceClass.com member's password will be treated as
an impersonation of a RaceDrive Interactive Inc. Employee or agent working in
an authorized capacity regardless of the name or account used or the method
of impersonation.
Violations of Our Terms of Service may include, but are not limited to:
Intellectual Property Infringements: Uploading, posting, e-mailing, transmitting
or otherwise make available any Content that User does not have a right to make
available under any law or under fiduciary or contractual relationships such
as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements or Content
that infringes any patent, trade secret, trademark, Service marks or copyright
or any third-party right.
This license does not include any collection, aggregation, duplication, copying,
display or derivative use of the Service nor any use of data mining, spiders,
robots, or similar data gathering and extraction tools for any purpose unless
expressly permitted by RaceDrive Interactive Inc. Attempts at data collection
or harvesting information, solicitation of passwords, personal identifying information,
from or about others without their consent including email addresses, IP addresses,
telephone numbers, contact information or other other information for any use
but especially unintended, commercial, or unlawful purposes is prohibited.
A limited exception is provided specifically to non-commercial public archives
and general purpose internet search engines that use these tools to gather information
for the single purpose of displaying hyperlinks to the Service. This is provided
they each do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with Our robots.txt file.
"General purpose internet search engine" does not include a search
engine or Website or other Service that specializes in the listings of classified
advertisements or in any subset of listings of classified advertisements, or
which is in the business of providing listings of classified advertisement Services.
A hyperlink, and/or hypertext link may be created directing to RaceClass.com
so long as the link does not portray, state or imply any sponsorship of, endorsement
of RaceClass.com, RaceDrive Interactive Inc. or any of its affiliates, or refer
or describe RaceDrive Interactive Inc. its employees, or its affiliates in a
misleading, false, derogatory, or otherwise offensive matter.
Attempting to access or Use any by any means other than through the interface
that is provided by RaceClass.com or Use of the Service beyond the scope, or
features of the Service that You have signed up for, or are authorized to access,
granted to User by RaceDrive Interactive Inc. will immediately terminate said
permission or license.
Passive collection mechanisms ["PCMS"] will not be tolerated, or
attempting to upload, post or otherwise use or transmit material that acts as
a passive information collection mechanism, including without limitation, clear
graphics interchange formats ["gifs], 1 x1 pixels, cookies, web bugs or
any sort of spyware or anything deemed to be similar in nature.
User must first obtain a license from RaceDrive Interactive Inc. in order to
duplicate, copy, aggregate, collect, display or make derivative use whatsoever
of the the Service or any Content made available via the Service for other purposes
(including commercial purposes) not stated herein.
Except as expressly provided in these Terms of Use, User may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products,
or Services that are part of the Service.
User may not create computer programs or scripts that attempt to access the
Service, without the expressed written permission from RaceDrive Interactive
Inc.
We make no representation or warranty as to the accuracy, completeness or authenticity
of the information contained in any such site.
User's linking to any other Websites is at User's own risk.
User agrees that User must evaluate, and bear all risks associated with, the
use of any Content, that User may not rely on said Content, and that under no
circumstances will We be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of any Content posted, e-mailed
or otherwise made available via the Service.
We reserve the right to authorize or deny exceptions or exceptions to these
Terms. These Terms apply to all uses and Users of Our Service.
Monitoring:
User acknowledges that We do not prescreen, confirm the validity of or approve
all Content.
RaceDrive Interactive Inc. has the right, but not the obligation, to monitor
the Service to determine compliance with these Terms and any operating rules
established by RaceDrive Interactive Inc. and to satisfy any law, regulation
or authorized government request.
Without limiting the foregoing, We shall have the right to remove any content
that We, in Our sole discretion, find to be in violation of the provisions hereof
or otherwise objectionable
We do not actively monitor all the contents of posted messages and are not
responsible for any messages, postings, comments.
We shall have the right, but not the obligation in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating
the letter or spirit of the Terms or for any other reason.
By creating Messages, Postings, Comments on the Service, User agrees that We
can quote from, or reuse the content in promotional materials, newsletters,
or other documents or content of RaceDrive Interactive Inc.'s choosing.
User agrees that We can display, modify, transmit, distribute or delete User
Messages, Postings, Comments without needing further permission from User.
Our decisions to remove, modify, delete listings or content, or to remove,
delete, content and or ban Users, and their accounts will be final, but We will
in no way be liable for monitoring such content or the use of Our Service for
unauthorized or unlawful content.
Deleted content may be archived by Us to comply with legal obligations and
is not retrievable without a court order. Because of this, User's are encouraged
to make a backup of any content or postings on Our Service, as We are not a
backup Service and will not be liable for any discontinuation, modification,
suspension of Our Services or loss of content, or listings.
If User feels that Listings, Postings, Comments are not in compliance and appears
to violate these Terms of Service, or encounter any prohibited use or uses please -
Contact RaceDrive Interactive Inc. immediately concerning the problem.
Or E-Mail: Legal at RaceDriveInteractiveInc dot com
(replacing the "at" with @ and "dot" with a period)
International Users:
The Service is controlled, operated and administered by RaceDrive Interactive
Inc. from its offices within the United States of America.
If User accesses the Service from a location outside the United States, User
is responsible for compliance with all local, State National and International
rules and laws - including all rules and laws pertaining to Online conduct and
acceptable content.
The use of Our Service will result in interstate data transmissions.
User agrees that User will not use the Service or other content accessed through
the Service in any country or in any manner prohibited by the United States
Export Administration Act or any other applicable laws, restrictions or regulations.
RaceDrive Interactive Inc. makes no representation that RaceClass.com or RaceDrive
Interactive Inc. Services or the Contents of the Website or Services are appropriate, or available for use
in locations outside the United States.
If User accesses any RaceDrive Interactive Inc. Website or Contents from a location
other than the United States, User is solely responsible for compliance with
all applicable local laws.
It is the User's responsibility to comply with all applicable laws including
without limitation any import and export regulations of the United States and/or
the country in which User resides regarding the transmission of technical data
exported from the Service.
Intellectual Property:
RaceDrive Interactive Inc.'s Website(s) and the Service is the property of
RaceDrive Interactive Inc.,
P.O. Box 60536,
Colorado Springs, Colorado
80960-0536 (USA)
All logos and trademarks are the property of their respective owner.
The RaceClass Logo and RaceClass® are Trademarks of RaceDrive Interactive
Inc.
All content included as part of the Service, including past, present and future
versions, including but not limited to text, graphics, advertising copy, logos,
button icons, images, images, photographs, animations, video, audio, music,
domain names, trade names and marks, Service marks and trade identities, source
and object code, the look and feel of the RaceClass.com Website, the compilation,
feel, appearance, assembly and arrangement of the materials on the Service,
as well as the compilation thereof, and all software used on this site, is the
property of RaceDrive Interactive Inc. and its suppliers and as such is owned
controlled and licensed by RaceDrive Interactive Inc. and protected by United
States and International copyright laws.
User agrees to abide by all copyright notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
User acknowledges and agree that the rights in Our Service including all intellectual
property rights, are protected by one or more of trademark, copyright, patent,
trade secret and other laws, regulations and treaties.
Except as explicitly permitted under copyright law and by the features of the
Service User may not reverse engineer, modify, publish, broadcast, display,
transmit, participate in the transfer or sale, create derivative works, or in
any way commercially exploit or provide to a third party the content of the
Service or any portion without the express written permission of RaceDrive Interactive
Inc.
Users may make use of the Print Signs and Flyers option to enable Users to
print their own Signs and Flyers to further assist in the promotion of and selling
of their items.
User may not decompile or disassemble, reverse engineer or otherwise attempt
to discover any source code contained in the Service.
We do not grant User any licenses, express or implied, to the intellectual
property of the Service.
User agrees that cached copies or RaceClass.com on User's computer or server,
or servers, constitute copies under the U.S. Copyright Act, 17 U.S.C. §§
101
If User is aware that any posting or message or comment that User has submitted
to RaceClass.com has been reprinted, please Contact RaceDrive Interactive Inc.
immediately.
Or E-Mail: Legal at RaceDriveInteractiveInc dot com
(replacing the "at" with @ and "dot" with a period)
The Service is protected to the maximum extent permitted by copyright laws
and international treaties.
Content displayed on or through the Service is protected by copyright as a
collective work and/or compilation, pursuant to copyrights laws, and international
conventions.
User may not reuse, republish, or otherwise distribute the content of the Service
in any modified or altered versions.
Any reproduction, aggregation, modification, alteration, transmitting, display,
creation of derivative works from, or redistribution of the Website, or the collective
work, and/or copying or reproducing the Website(s) performance, or derivative use,
or otherwise extract or reutilize or any portion thereof to any other server
or location for further reproduction or redistribution, either directly or through
an intermediary, including but not limited to crawlers, scrapers, spiders, robots,
iframes, framing or RSS feeds is prohibited without the express written consent
of RaceDrive Interactive Inc. or the applicable copyright holder.
Without limiting the foregoing, User agrees not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any aspect of the Service
including the prohibition of the use of technology or product that exists now
or in the future for this purpose.
Although We do not claim ownership of content that Users post, by posting
Content to any public area of the Service, User automatically grants, and User
represents and warrants that User has the right to grant, to RaceDrive Interactive
Inc. an irrevocable, perpetual, unrestrictive, unconditional, unlimited non-exclusive,
transferable, unlimited, fully paid, royalty free, fully sub-licensable worldwide
license to license, host, use, copy, perform, modify, translate, display, distribute,
redistribute, sell or otherwise exploit said Content in any form, format, or
media now known or later developed, without requirement for attribution or compensation
to You and to maintain the material in an archive and to prepare derivative
works of, or incorporate into other works, said Content, and to grant and authorize
sublicenses - through multiple tiers - of the foregoing.
User grants to RaceClass.com, RaceDrive Interactive Inc. and its affiliates
and successors, if We choose to do so, without compensation the User, the perpetual
right to User's likeness, image, and name in connection with such content.
Furthermore, by posting Content to any public area of the Service, User automatically
grants RaceDrive Interactive Inc. all rights necessary to prohibit any subsequent
aggregation, display, copying, duplication, reproduction, or exploitation of
the Content on the Service by any party for any purpose.
If User submits concepts, contributions, ideas, inspirations, techniques, or
know-how contained in any User content that the User may send to Us for any
ideas, User irrevocably assigns to RaceDrive Interactive Inc. all rights to
Your contributions, and We are free to use any for any purposes whatsoever,
without User being entitled to remuneration, compensation, or reimbursement,
including to but not limited to developing, producing, marketing and in any
other possible way exploiting products or Services using such User content
and that User acknowledges that User submissions do not contain confidential
or proprietary information.
We are under no obligation of confidentiality either expressed or implied with
respect to User submissions.
The Service may contain promotions, contests, or sweepstakes which may be governed
by their own set of separate rules. There also may be requirements of eligibility
that will need to be met for participation in these promotions, contests, or
sweepstakes. User agrees that User must read and be aware of all of these rules
and requirements.
Users may print a single copy of any page of the Website for their own personal
non-commercial use. Users may use the Print a Flyer or Poster Service to further
assist selling their items.
If User feels something has been listed, posted, copied in a way that constitutes
copyright infringement, or infringes on rights under the Digital Millennium
Copyright Act or any other applicable statute, or intellectual property rights
have somehow been violated – please contact RaceDrive Interactive Inc.
immediately at
Legal at RaceDriveInteractiveInc dot com
(replacing the "at" with @ and "dot" with a period)
RaceDrive Interactive Inc.
P.O. Box 60536
Colorado Springs, CO
80960-0536
Please help Us by:
Including all contact information: Address - Telephone Number, email address
Please include User signature.
Please identify – in specific - the material on the RaceClass.com Website
that User claims is infringing.
Include a User statement that User has a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law.
Include a User statement that User declares under penalty of perjury that the
information in User Notice is accurate, and that the User is the owner of the
copyright interest involved or that the User is authorized to act on behalf
of that owner.
We may reproduce any legal notice that We receive to send to a third party
for publication and or annotation. We also reserve the right to post Your notice
in place of any removed content. We reserve the right to communicate with You
via Your email address or other means.
Third Party Content:
We make no claims or representations about any Website not under RaceDrive
Interactive Inc.'s control that a User may access from the Service, by link,
by frame, or any other means ("Linked Site"). By providing links
to other sites, RaceDrive Interactive Inc. does not guarantee, approve or endorse
the information or products available at these sites, nor does a link indicate
any association with or endorsement by the linked site to RaceDrive Interactive Inc.
These Internet sites and third-party resources are created and controlled by
sources other than RaceDrive Interactive Inc.
Any link, frame, or any other means to access any Linked Site provided by RaceDrive
Interactive Inc. or otherwise on the Service does not constitute an endorsement,
recommendation, or acceptance of any responsibility for the content of that
Linked Site or the operators of that Linked Site.
We do not assume any responsibility or liability for communications or materials
and make no warranty or guarantee regarding such materials, content or information,
completeness or usefulness of any content, nor will We be liable for any loss
or damage caused by User reliance on information obtained and available at such
Linked Sites or through the Service.
We do not own or control any content on Participating Sites, except for sites
that are specifically owned by RaceDrive Interactive Inc., such as RaceClass.com.
Direct all inquiries related to content for Participating Sites to the owners
of the Participating Sites. Participating sites have their own Terms of Service/Use,
are autonomous, and control the usage of its site, content, management, Terms
of Service, and usage guidelines.
Please refer to the applicable Terms of Service associated with each Participating
Site that User visits. These links are provided for User convenience only.
When User logs in to RaceClass.com to access to any Participating Site, keep
in mind that the Terms of Service only applies to User login activity.
Users are solely responsible for understanding any Terms and Conditions that
may apply when User visits or places an order with a third-party site.
The Service may contain features and functionalities that may link User or
provide User with access to third party content which is completely independent
of RaceClass.com, including directories, servers, networks, Web sites, information
and databases, systems, applications, software, programs, products or Services,
and the Internet as a whole.
User agrees that We shall not be held responsible or liable, and makes no warranty
regarding any Services or goods advertised through the Service or the delivery
of any Services or goods purchased or obtained through or content available
on or through such other sources, or for any harm related thereto, or for any
loss or damage of any sort incurred as the result of any such dealings.
No advice or information, whether oral or written, obtained by User from or
through the Service shall create any warranty not expressly stated herein.
Complaints, concerns or questions User may have relating to such content should
be forwarded directly to the sources responsible therefore, as User understands
and agrees that We are under no obligation to become involved in disputes between
participants on this Website, or between Users and any third party.
User interactions, correspondence, or business dealings with third parties,
merchants, sellers, Service providers, advertisers, organizations and/or individuals
found on or through the Service, including payment and delivery of goods or
Services, and any other Terms, Conditions, warranties or representations associated
with such dealings, are solely the responsibility between the User and such
organizations and/or individuals as We have no involvement in, interest in,
ownership in, make no representations, have no responsibility or liability with
respect to such transactions, disputes, relations, communications whatsoever
between User and any other person, User or organization.
User and Third Party not Us, are responsible for compliance with all laws in
any such transaction of any kind. User must make all transactions and correspondence
with third parties at User's own risk.
In the event that User has a dispute with one or more other Users, User hereby
releases RaceDrive Interactive Inc., its officers, employees, agents and successors
in rights from claims, demands and damages, actual and consequential, of every
kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and/or the RaceDrive Service.
No Warranties:
The Service and all content is provided on an "as is" and "as
available" basis and without verification, endorsement or warranties
or Conditions of any kind, expressed or implied and that use of the Service
is entirely at User's own risk. From time to time servicing and maintenance
of Our servers and equipment may require disruption of Our Service.
RaceDrive Interactive Inc. nor its affiliates, licensors or agents, makes any
warranties or representation as to the accuracy, currency, completeness, quality,
merchantability reliability, fitness for a particular purpose, or that persons
responding to or to these listings are not acting under false pretenses, or
that the usefulness of information available through the Service or that the
Service will meet Your requirements, or that the Service will be uninterrupted,
that outages may not occur, continuous, timely, secure, or error-free, or that
software defects will be corrected or that this Website or the server that makes
Our Service available is free of viruses or other harmful components, that the results
that may be obtained from the use of the Service will be accurate or reliable,
and that the quality of any products, Services, information, or other material
purchased or obtained by User through the Service will meet Your expectations.
We will not be held responsible for any outages that may occur or any deletion
of any data.
It is the responsibility of the User to ensure that appropriate and effective
security spyware and malware checking software is used.
To the fullest extent permitted by applicable law We disclaim all warranties
and Conditions of any kind, either express or implied, including but not limited
to, implied warranties of merchantability and fitness for a particular purpose
and non-infringement of proprietary rights.
To the fullest extent permitted by law - We disclaim any warranties for viruses
or other harmful components in connection with the Service.
We are not responsible for Your inability to download content and it is always
the User's responsibility to obtain and maintain reliable internet connectivity.
Any material downloaded or otherwise obtained through the use of the Service
is done at User's own discretion and risk. User will be solely responsible
for any damage to User's computer system or loss of data that results from the
download of any such material.
In no event shall We be liable for any damages whatsoever including without
limitation, damages for interruption, suspension or termination of Service, loss of profits
or contracts, loss of data, loss of anticipated savings, loss of income or revenue,
loss of business, goodwill, reputation, loss of business information, business
interruption, wasted management or office time, or for any loss or damage of
any kind, or any special indirect, or consequential damages, even if We could
reasonably foresee the possibility of such damage occurring, or even if We have
been advised so, as Well as other intangibles, or any other pecuniary loss arising out of the use of or
inability to use the Service, from any changes to the Service, or from unauthorized
access to or alteration of Your transmissions of data even if We have been advised
of the possibility of such damages.
In no event shall We be liable for any damages whatsoever including but not
limited to, negligence, direct, indirect, incidental, special, consequential
or exemplary damages, whether such interruption, suspension or termination was
justified or not, negligent or intentional, inadvertent or advertent.
If We are found to be liable to User, including liability for negligence, whether
in contract, tort, negligence, strict liability in tort, by statute or otherwise,
and regardless of the previous paragraph, Our liability to User or any third
party will be limited to the greater of (a) the total fees User paid to Us in the
12 months prior to the action given rise to liability, and (b) 100 US Dollars.
Courts:
RaceDrive Interactive Inc.'s performance of this agreement is subject to existing
laws and legal process, and nothing contained in these Terms of Service is in
derogation of RaceDrive Interactive Inc.'s right to comply with governmental,
court, and law enforcement requests or requirements relating to User's use of
the Service or information provided to or gathered by RaceDrive Interactive
Inc. with respect to such use.
We reserve the right to reveal User identity and whatever information We know
about User to any law enforcement agent or official in the event of legal action
arising from any messages, postings, comments, conduct, or use of the Service
by the User.
These Terms of Service and the Privacy Policy, shall be governed by and construed
in accordance with the laws of the State of Colorado, U.S.A.
User hereby irrevocably consents to the exclusive jurisdiction and venue of
courts in El Paso County, Colorado, U.S.A. for any claim or action arising from
or relating in any way to these Terms of Use, in all disputes arising out of
or relating to the use of the Service and Contents or User use thereof and shall
be filed only in the state or federal courts located in El Paso County in the
State of Colorado.
To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
User agrees that no joint venture, partnership, contract, employment, or agency
relationship exists between User and RaceDrive Interactive Inc. as a result
of abiding by these Terms of Service, and Your agreement to the Privacy Policy
or use of the Service. No part of the Website shall be taken to constitute an
offer of solicitation from or by Us to buy or sell products or Services.
Our failure to act with respect to a breach by User or others does not waive
Our right to act with respect to subsequent or similar breaches.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded.
Limitation of Liability:
In no event will RaceDrive Interactive Inc. or its affiliates, licensors, or
agents be liable under any theory of law, for any indirect, incidental, or consequential
damages even if We have been advised of the possibility of such damages.
If User is dissatisfied with the Service, the materials available on or through
the Service, or with any provisions in this legal notice, User's sole and exclusive
remedy is to discontinue using the Service.
User agrees that We shall not be responsible for any loss of data that results
from the download of material from the Service, network or system outages, file
corruption or any other reason.
We may delete or prevent content or attachments that are inappropriate or harmful
- however, We have no obligation to do so.
User understands and agrees that not all viruses or similar harmful programs
can be detected or prevented. User agrees to assume the risk of any damages
that may be caused by User's downloading of any files or information through
the Service.
The information, software, products, and Services included in or available
through the Service may include inaccuracies or typographical errors. RaceDrive
Interactive Inc. and/or its respective suppliers may make improvements and/or
changes and to the information therein in the Service and reserves the right
to change any aspect of the Service at any time, including the right to refuse
or remove any content whatsoever the source at any time without notice or liability
to Users. All such information, software, products, Services and related graphics
are provided "as is" without warranty of any kind.
User specifically agrees that We shall not be responsible for unauthorized
access to or alteration of Your transmissions or data, any material or data
sent or received or not sent or received, or any transactions entered into through
the Service. Because of the ever changing nature of the internet and that the
privacy, integrity and authenticity of communication over the internet can not
be always guaranteed, We will not be held liable for any damages User may endure
if User communicates confidential information over the internet or if
We communicate such information to User at User's request.
User specifically agrees that We shall not be responsible for any content sent
using and/or included in the Service by any third party.
The remainder of the Terms of Service will continue in full force and effect
- if for any reason a court of competent jurisdiction finds any provision or
portion of the Terms of Use to be unenforceable.
If We do not enforce any particular provision of these Terms and Services,
or any other legal rights, We are not waiving Our right to do so at a later
time.
Any waiver of any provision of the Terms of Service will be effective only
if in writing and signed by RaceDrive Interactive Inc.
If User is a California resident, User hereby agrees to waive California Civil
Code (1542.) Section Fifteen Hundred and Forty-two. A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.
We are not involved in, nor have any control or interest in any transactions
between buyer and seller and We make no representation or warranties concerning
the ability of a seller to actually sell the goods and or Services and or the
ability of a buyer to actually purchase the goods and or Services, or that a
buyer and seller well actually complete a transaction.
Indemnification:
User agrees to defend, indemnify and hold harmless from any claim or demand,
RaceDrive Interactive Inc., its parents, subsidiaries, successors, assigns,
affiliates, officers, agents, employees, advertisers, its licensors, suppliers
Service providers, partners and any third-party content providers to the Service
and their respective directors, officers, employees and agents from and against
all claims, demands, losses, liabilities, expenses, damages (actual and consequential)
and costs, including reasonable attorney's fees, and court costs, asserted by
any third party claim or demand arising out of, or arising out of Content that
User submits, posts or makes available through the Service, User's use of the
Service, User's violation of the Terms, User's breach of any of the representations
and warranties herein, or User's violation of any rights of another, User's
use or conduct on the RaceClass.com Service and resulting from any violation
of these Terms or any activity related to User's account - including negligent
or wrongful conduct - by User or any other person accessing the Service using
User's account.
This indemnification obligation includes payment of any attorney's fees and
costs incurred by RaceDrive Interactive Inc., or by RaceDrive Interactive Inc.
representatives.
In the event of a claim, We will provide notice of the action, claim, or suit
to the contact information We have for the User's account. If there is a failure
to deliver such notice You shall not reduce or eliminate Your indemnification
obligation hereunder.
We may assign these Terms of Service, in whole or in part, at any time.
If any part of this Terms of Service is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of this Terms of Service shall continue in
effect.
This Terms of Service constitute
the entire agreement between the User and RaceDrive Interactive Inc. with respect
to the Service and such agreements supersedes and replaces all prior or contemporaneous
communications, understandings, agreements, and proposals, whether electronic,
oral or written, between User and RaceDrive Interactive Inc. with respect to
the Service.
A printed version of this
Terms of Service and of any notices given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same Conditions as other business documents
and records originally generated and maintained in printed form.
Injunctive Relief and Damages:
User agrees, acknowledges
and understands that any violation of or breach of these Terms of Use may cause
Us immediate and irreparable damages and harm. And as such We may at Our own
choosing immediately obtain preliminary injunctive relief and may without limitation
obtain temporary restraining orders. We may also seek against any breach of
or violation of the Terms of Service permanent injunctive relief, or preliminary
or permanent injunction.
User agrees that for any
violation for which User is responsible for, in addition to any injunctive relief,
User agrees to pay to Us the total amount of damages, including but not limited
to indirect, direct, incidental and consequential damages.
Termination:
User may discontinue use
of the Service at any time, with or without notice, for any or no reason.
User agrees that RaceDrive
Interactive Inc. may, in its sole discretion and without liability, have the
right - but not the obligation - to terminate User's password, to delete or
deactivate User's account, block User's email or IP address, remove and discard
any Content within the Service, terminate User's access to User's account or
use of the Service - or any part thereof, for any reason, including, immediately
and without notice, if RaceDrive Interactive Inc. believes that the User has
violated or acted inconsistently with the letter or spirit of these Terms of
Service or otherwise put RaceDrive Interactive Inc. at risk of legal exposure.
Any termination of User access
to the Service under any provision of these Terms may be effected without prior
notice, and RaceDrive Interactive Inc. may immediately deactivate or delete
User's account and all related information and/or bar any further access to
the Service, and User will no longer be able to retrieve Content contained in
the account or otherwise use the Service. This will include the forfeiture of
any funds, or credits in User's accounts.
We may also terminate or
suspend User access to User's account for inactivity as determined by RaceDrive
Interactive Inc.
User agrees that We shall
not be liable to User or any third-party for any termination of User's access
to the Service and that User agrees that User will not to attempt to use the
Service after said termination.
We may also terminate this
agreement with You if the decision is made to discontinue the RaceClass.com
Website.
Miscellaneous:
No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The failure of RaceDrive Interactive Inc. to
exercise or enforce any right or provision of the Terms shall not constitute
a waiver of such right or provision.
If any provision of the Terms
of Service is found by a court of competent jurisdiction to be invalid, the
Parties nevertheless agree that the court should endeavor to give effect to
the Parties' intentions as reflected in the provision, and the other provisions
of the Terms remain in full force and effect.
User agrees that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the Terms of Service must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
User agrees that this agreement
is provided to You in English. It is User's responsibility to ensure that You
understand these Terms fully. If a translation is provided it is for convenience
only and the English version will govern Your relationship with RaceDrive Interactive
Inc.
Notification of Changes:
We may revise, update or
change the Terms, Conditions, and Notices for the Service from time to time
to reflect changes in the products and Services of RaceDrive Interactive Inc.,
changes in the laws affecting the Service, or for other good reasons.
User understands that We
reserve the right to make these changes and that User is responsible and obligated
to regularly review these Terms, Conditions, and Notices.
Please refer to RaceClass.com/rpm/tos.html
periodically for any changes.
The update date is used to
alert User to recent modifications.
User access or use of the
Service after any such changes are posted Online shall constitute User consent
to such change of Terms and Conditions.
Unless explicitly stated
otherwise, any new features that change or improve the Service shall be subject
to the Terms of Service, as modified from time to time.
Technical Issues:
If Users have specific technical
issues that need attention - please contact RaceClass® at RaceClass.com/rpm/contact.html
Disclosure on Privacy Policy
and Information: RaceDrive
Interactive Inc. takes the matter of User's Privacy very seriously. RaceDrive
Interactive Inc. has established a Privacy Policy to explain to Users how their
information is collected and used, which is located at the following Web address:
RaceClass.com/rpm/privacy.html
User's use of the Service
signifies acknowledgment of and agreement to Our Privacy Policy.
User further acknowledges
and agrees that RaceDrive Interactive Inc. may, in its sole discretion, preserve
or disclose User Content, as Well as User information, such as email addresses,
IP addresses, timestamps, and other User information, if required to do so by
law.
The RaceClass Logo and RaceClass®
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