Terms of Use

 

Copyright Ownership:

All content included on the OnlineRaceCalendar.com, LLC 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 OnlineRaceCalendar.com, LLC 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 OnlineRaceCalendar.com, LLC Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OnlineRaceCalendar.com, LLC or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the OnlineRaceCalendar.com, LLC Sites, services, products or software, in whole or in part.
Permitted Use. The content and software on the OnlineRaceCalendar.com, LLC Sites may be used as an information, entertainment, registration and/or shopping resource. In addition, OnlineRaceCalendar.com, LLC hereby authorizes you to view, copy, download, and print for personal use only any OnlineRaceCalendar.com, LLC -owned content on the OnlineRaceCalendar.com, LLC Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by OnlineRaceCalendar.com, LLC licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by OnlineRaceCalendar.com, LLC, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the OnlineRaceCalendar.com, LLC Sites.

 

Furthermore, you may not copy, reproduce or distribute the design or layout of the OnlineRaceCalendar.com, LLC Sites, the OnlineRaceCalendar.com, LLC logos or other design elements or software. Any use of the OnlineRaceCalendar.com, LLC Site content not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in any OnlineRaceCalendar.com, LLC Site. You agree not to modify any software for an OnlineRaceCalendar.com, LLC Site in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the OnlineRaceCalendar.com, LLC Sites. You agree not to access the OnlineRaceCalendar.com, LLC Sites by any means other than through the interface that is provided and authorized by OnlineRaceCalendar.com, LLC.

 

User Submissions and Content on OnlineRaceCalendar.com, LLC may provide interactive areas on the OnlineRaceCalendar.com, LLC 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 OnlineRaceCalendar.com, LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the OnlineRaceCalendar.com, LLC Sites. OnlineRaceCalendar.com, LLC does not control the Content posted via the OnlineRaceCalendar.com, LLC Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the OnlineRaceCalendar.com, LLC Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OnlineRaceCalendar.com, LLC 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 OnlineRaceCalendar.com, LLC 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 reside.
OnlineRaceCalendar.com, LLC does not claim ownership of any Content submitted and/or posted by you on any OnlineRaceCalendar.com, LLC Site(s). However, by submitting and/or posting any Content to the OnlineRaceCalendar.com, LLC Sites, you grant OnlineRaceCalendar.com, LLC 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 OnlineRaceCalendar.com, LLC areas and OnlineRaceCalendar.com, LLC Sites, you agree not to: impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of OnlineRaceCalendar.com, LLC. use an inappropriate member name of any kind, target or harm minors in any way, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the OnlineRaceCalendar.com, LLC Sites, upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose, upload, post, email, transmit or otherwise make available any material 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, disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the OnlineRaceCalendar.com, LLC Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges, interfere with or disrupt the OnlineRaceCalendar.com, LLC Sites or servers or networks connected to the OnlineRaceCalendar.com, LLC Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the OnlineRaceCalendar.com, LLC Sites, intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law, provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

 

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF ONLINERACECALENDAR.COM, LLC IS AT YOUR SOLE RISK. ONLINERACECALENDAR.COM, LLC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONLINERACECALENDAR.COM, LLC 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 ONLINERACECALENDAR.COM, LLC SITES OR OTHERWISE BY ONLINERACECALENDAR.COM, LLC IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ONLINERACECALENDAR.COM, LLC NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ONLINERACECALENDAR.COM, LLC, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ONLINERACECALENDAR.COM, LLC 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 ONLINERACECALENDAR.COM, LLC 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 ONLINERACECALENDAR.COM, LLC. 
ONLINERACECALENDAR.COM, LLC MAKES NO WARRANTY THAT THE ONLINERACECALENDAR.COM, LLC SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. ONLINERACECALENDAR.COM, LLC DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE ONLINERACECALENDAR.COM, LLC SITES.

ONLINERACECALENDAR.COM, LLC 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 ONLINERACECALENDAR.COM, LLC 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.
Limitation of Liability
ONLINERACECALENDAR.COM, LLC, 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 ONLINERACECALENDAR.COM, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE ONLINERACECALENDAR.COM, LLC 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 ONLINERACECALENDAR.COM, LLC SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH ONLINERACECALENDAR.COM, LLC; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ONLINERACECALENDAR.COM, LLC; (E) PERSONAL INJURY NOT CAUSED BY ONLINERACECALENDAR.COM, LLC’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINERACECALENDAR.COM, LLC SITES; OR (H) ANY OTHER MATTER RELATING TO THE ONLINERACECALENDAR.COM, LLC SITES, OR ONLINERACECALENDAR.COM, LLC PRODUCTS OR SERVICES. YOU AGREE THAT ONLINERACECALENDAR.COM, LLC’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY ONLINERACECALENDAR.COM, LLC FROM YOU.


Indemnification:

You agree to defend, indemnify and hold harmless OnlineRaceCalendar.com, LLC, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of OnlineRaceCalendar.com, LLC’s services; the OnlineRaceCalendar.com, LLC Sites; any other websites accessed from or affiliated with the OnlineRaceCalendar.com, LLC Sites; any products purchased off of the OnlineRaceCalendar.com, LLC Sites or websites available from or related to the OnlineRaceCalendar.com, LLC Sites; the use by you of any training programs purchased through OnlineRaceCalendar.com, LLC; your violation of these Terms of Use; content you submit, post, transmit or otherwise make available through the OnlineRaceCalendar.com, LLC Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.


Termination
:

OnlineRaceCalendar.com, LLC reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the OnlineRaceCalendar.com, LLC Sites and/or any other service provided to you by OnlineRaceCalendar.com, LLC upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that OnlineRaceCalendar.com, LLC determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the OnlineRaceCalendar.com, LLC Sites and/or OnlineRaceCalendar.com, LLC services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with OnlineRaceCalendar.com, LLC is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by OnlineRaceCalendar.com, LLC as part of your use and registration of the OnlineRaceCalendar.com, LLC Sites. OnlineRaceCalendar.com, LLC shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to OnlineRaceCalendar.com, LLC for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by OnlineRaceCalendar.com, LLC in its sole discretion without any notice or liability to you. OnlineRaceCalendar.com, LLC shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the OnlineRaceCalendar.com, LLC Sites and/or OnlineRaceCalendar.com, LLC services.

 

Applicable Law; Consent to Jurisdiction
The OnlineRaceCalendar.com, LLC Sites (excluding linked sites) are controlled by OnlineRaceCalendar.com, LLC from its offices within the State of Iowa, United States of America. The OnlineRaceCalendar.com, LLC 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 OnlineRaceCalendar.com, LLC, by accessing the OnlineRaceCalendar.com, LLC Sites both you and OnlineRaceCalendar.com, LLC agree that the statutes and laws of the State of Iowa, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the OnlineRaceCalendar.com, LLC Sites.
You agree that exclusive jurisdiction for any dispute with OnlineRaceCalendar.com, LLC, or in any way relating to your membership or use of OnlineRaceCalendar.com, LLC, resides in the courts of the State of Iowa and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Iowa in connection with any dispute including any claim involving OnlineRaceCalendar.com, LLC 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.

 

Miscellaneous:

OnlineRaceCalendar.com, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, the OnlineRaceCalendar.com, LLC Sites and/or OnlineRaceCalendar.com, LLC services (or any part thereof) with or without notice. OnlineRaceCalendar.com, LLC 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 enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of 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. OnlineRaceCalendar.com, LLC may assign its rights and obligations under these Terms of Use and upon such assignment OnlineRaceCalendar.com, LLC may be relieved of any further obligation hereunder. 
You represent to OnlineRaceCalendar.com, LLC that you have the authority to register with OnlineRaceCalendar.com, LLC according to these Terms of Use. The failure of OnlineRaceCalendar.com, LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. OnlineRaceCalendar.com, LLC may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the OnlineRaceCalendar.com, LLC Sites. Except for certain OnlineRaceCalendar.com, LLC licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.

 

 

 

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