and/or using the web sites owned, operated and/or maintained by Racemine (the "Racemine Sites"), you are expressly
them, because your continued usage of the Racemine Sites indicates your agreement with any such changes.
Ownership. All content included on the Racemine Sites, such as text, graphics, logos, button icons, images, audio clips
and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the
property of Racemine or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree
that Content contained in sponsor advertisements or information presented to you through the Racemine Sites or by advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized
by Racemine or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Racemine Sites, services, products or software, in whole or in part.
Copyright Complaints. Racemine respects the intellectual property of others, and we ask our content partners and Racemine members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Racemine Sites in a way that constitutes copyright infringement, you may notify Racemine by providing Racemine's copyright agent the following information:
Racemine trademarks identify Racemine products and services, and let the public know the source of those products and services.
You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring
to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark
usage practices and provide proper attribution to Racemine. Other uses require written permission from Racemine, and absent such
express permission, you agree not to use or display the Racemine trademarks in any manner. Please make such requests by e-mail
to info@Racemine.com; we will evaluate your request as soon as possible.
Racemine’s Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Search Trademarks”..
Racemine may provide interactive areas on the Racemine sites, in which users may post communications. You understand that all
information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages,
tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Content originated. This means that you, and not Racemine, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Racemine Sites. Racemine does not control the Content
posted via the Racemine Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Racemine Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances
will Racemine be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or
any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Racemine Sites. You further understand that the internet has no geographical boundaries, and you therefore
agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the United States or the country in which you
Racemine does not claim ownership of any Content submitted and/or posted by you on any Racemine Site(s). However, by submitting and/or posting any Content to the Racemine Sites, you grant Racemine a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Racemine interactive areas and Racemine Sites, you agree not to:
Racemine Sites any Content, postings or member names that violate the above terms and will cooperate fully with any law enforcement
officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination
of your registration and/or accounts with Racemine. You acknowledge that Racemine may or may not pre-screen Content, but that
Racemine and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove
any Content that is available via the Racemine Sites. Without limiting the foregoing, Racemine and its designees shall have the
and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any Content created by Racemine or submitted to Racemine,
including without limitation information in Racemine Message Boards and in all other parts of the Racemine Sites.
You understand that the technical processing and transmission of the Racemine Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Racemine Sites and software embodied within the Racemine Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Racemine and/or content providers who provide content to the Racemine Sites. You may not attempt to override or circumvent any of the usage rules embedded into the Racemine Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Racemine Sites, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Racemine through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) Racemine is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) Racemine shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) Racemine may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of Racemine without any obligation of Racemine to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Racemine under any circumstances.
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and
we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links.
You hereby waive any claim you might have against Racemine with respect to such sites.
In addition, you may order services or merchandise through the Racemine Sites from other persons not affiliated with Racemine ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Racemine Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Racemine makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Racemine, nor will Racemine be construed as, a party to such transactions, whether or not Racemine may have received some form of revenue or other remuneration in connection with the transaction. You agree that Racemine will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Racemine and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Racemine makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Racemine nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from Racemine such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the Racemine Sites and services and that you may not be able to opt out of receiving such communications in every instance.
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall
be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Racemine
of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and
are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also
agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Racemine, and (ii) maintain
and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Racemine has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete. Racemine has the right to immediately suspend or terminate your account and refuse
any and all current or future use of the Racemine Sites or related products and services (or any portion thereof). Racemine makes
every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents
of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration.
By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that
you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise,
You also give your child permission to access many areas of the Racemine Sites related to the registration, including email,
message boards and other registration related information. Please remember that the Racemine Sites and Racemine services are
intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether
any of the Racemine Sites areas and/or content are appropriate for your child.
In broad terms Racemine is designed to give Event Directors and Event Timing companies better, quicker access to their funds, features aside. This is accomplished using multiple methods:
Charges and Billing For Certain Racemine Sites. Certain levels of the Racemine Sites, such as Bronze, Silver, Gold, and Platinum
levels, require payment of access fees. By registering for those Racemine Sites, you hereby authorize Racemine to charge your
credit card in advance for all applicable fees incurred by you in connection with your chosen service and registration for your
account. You hereby understand and agree that in most cases, Racemine will be charging your designated credit card in accordance
with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card
account before they are actually charged to your credit card. You further understand and agree that it is your responsibility
to notify Racemine of any changes to your credit card or if your credit card has expired otherwise your access to the Service
may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
Racemine reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Racemine does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Racemine posts such modification on the applicable Racemine Site(s). Racemine also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel any your Account or any associated optional or upgraded services therefore at any time, but Racemine will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to Racemine when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Racemine may incur in its efforts to collect any remaining balances due from you. This section titled Charges and Billing For Certain Racemine Sites shall in no way limit any other remedies available to Racemine. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify Racemine of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Racemine within sixty (60) days, you waive any right to dispute such problems or discrepancies.
Donations on Racemine Sites. There is no upfront charge to you for using Racemine’s Sites permitting the submission of monetary donations such as the Racemine Giving system. However, each online donation will require the organization to pay a processing and handling charge equal to $1.50 (subject to change by Racemine in its sole discretion). Such charges shall be collected by Racemine. Fees collected from online registrants will be sent in regular intervals to the designated charitable organization in accordance with contract and law, less Racemine’s processing and handling fee. All donations are the exclusive property of you and/or the charitable organization designated to receive the donation. Any refunds shall be exclusively and directly handled the designated charitable organization. Racemine shall not be responsible for processing or making any refunds.
Pricing Information Disclosure For California Residents. Under California Civil Code Section 1789.3, California residents that access the Racemine Sites and services are entitled to the following specific consumer rights information: (i) Pricing Information - Current rates for using the Service may be obtained by going to the pricing schedule on the Racemine Web Site located at http://eteamz.Racemine.com/plus/PLUS_pricing.cfm Racemine reserves the right to change any fees, pricing or charges or to institute new fees at any time; (ii) Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
YOU EXPRESSLY AGREE THAT USE OF RACEMINE IS AT YOUR SOLE RISK. RACEMINE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. RACEMINE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE RACEMINE SITES OR OTHERWISE BY RACEMINE IS PROVIDED WITH THE UNDERSTANDING
THAT NEITHER RACEMINE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN RACEMINE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL,
COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. RACEMINE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE
FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND
ARTICLES ON RACEMINE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING
IN ANY OF THE ACTIVITIES DESCRIBED ON RACEMINE.
RACEMINE MAKES NO WARRANTY THAT THE RACEMINE SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. RACEMINE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE RACEMINE SITES. RACEMINE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RACEMINE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
RACEMINE, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RACEMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE RACEMINE SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RACEMINE SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH RACEMINE; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY RACEMINE; (E) PERSONAL INJURY NOT CAUSED BY RACEMINE’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RACEMINE SITES; OR (H) ANY OTHER MATTER RELATING TO THE RACEMINE SITES, OR RACEMINE PRODUCTS OR SERVICES. YOU AGREE THAT RACEMINE’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY RACEMINE FROM YOU.
The Racemine Sites (excluding linked sites) are controlled by Racemine from its offices within the State of California, United
States of America. The Racemine Sites can be accessed from all 50 states, as well as from other countries around the world. As
each of these places has laws that may differ from those of California, by accessing the Racemine Sites both you and Racemine
agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will
apply to all matters relating to use of the Racemine Sites.
You agree that exclusive jurisdiction for any dispute with Racemine, or in any way relating to your membership or use of Racemine, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving Racemine or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Racemine reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms
of Use, the Racemine Sites and/or Racemine services (or any part thereof) with or without notice. Racemine shall not be liable
to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or
Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision
or right in that or any other instance, rather, the same will be and remain in full force and effect. Racemine may assign its
With your prior approval, Racemine reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information.
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