1. Your Acceptance
2. Ability to Accept Terms; Restricted Users
You affirm that you are over the age of 18 and have the power, authority and capacity to enter into these Terms, and that you are a U.S. citizen, or are physically present in the United States as you use the Site.
By using this Site, you signify you meet all of the foregoing criteria, and agree any action taken by you on the Site shall be deemed an action taken by you and, to the extent you are accessing this Site for your business or your employer, your actions shall be deemed to be authorized actions on behalf of your business or your employer, as applicable.
3. Website Access
A. Company hereby grants you permission to use the Site, provided that: (i); you will not copy, distribute or modify any part of the Site without our prior written authorization; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, or the like; (iii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Site; (v) you will not disobey any requirements, procedures, policies or regulations established from time to time regarding use of this Site or any networks connected to this Site; (vi) you will not engage in any other activity to circumvent established Internet security measures on the Site or elsewhere; and (vii) you comply with these Terms.
B. In order to access and use certain features and services of the Site, you may be required to create an account and provide us with all requested information. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Company or others due to such unauthorized use. Company will not be liable for your losses caused by any unauthorized use of your account.
C. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to our servers in a given period of time than can be reasonably produced in the same period by using a conventional on-line web browser. Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
D. Company has the right to seek all remedies available at law and in equity for violations of these Terms.
4. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Company. Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Company’s prior written consent, which consent may be granted or withheld in Company’s sole discretion. Company reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site. The Marks and the collection, arrangement, and assembly of all Content on the Site are the exclusive property of Company. Company expressly reserves all intellectual property rights in the Marks and the Content. This section shall survive any termination of these Terms.
You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content, are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of these Terms. You agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content, that are made available on or through the Site.
All trademarks and service marks on the Site not owned by Company are the property of their respective owners. The trade names, trademarks, and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company’s, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s trade names, trademarks, or service marks without the prior express written permission of Company.
5. Submitting Content to the Site
As a condition of your access and use of the Site and your submission or access to any ratings, reviews, information, data, or other materials on the Site (referred to as the “Content”), you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms or any other purpose not reasonably intended by the Company. Further, you agree that:
a. you grant to the Company a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
b. you represent to the Company that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, the Company, and others as described and otherwise contemplated in these Terms;
c. you are solely responsible for your reviews and ratings posted on the Site;
d. all of the reviews and ratings you post on the Site will be based upon your first-hand experiences with the coach(es) you are reviewing;
e. all of your reviews and ratings of the coach(es) you post on the Site will be accurate, honest, truthful, and complete in all respects;
f. you grant to the Company all rights necessary to publish or refrain from publishing your name and address in connection with your Content and acknowledge that this license cannot be terminated by you once your Content is submitted to the Site;
g. the Company may, in its absolute discretion, choose to remove or not to remove reviews and ratings from the Site once published;
h. your name and review may be made available to the public and to the coaches that you review;
i. you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms;
j. you will not submit any reviews that may be considered by the Company to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
k. you have not received any form of compensation to post reviews and ratings;
l. you will not submit reviews with hyperlinks;
m. you grant to the Company all rights necessary to prohibit the subsequent display, copying, duplication, reproduction or distribution of your Content by any third party; and
n. you hereby acknowledge that the reviews and ratings that you post on the Site do not reflect the views of the Company, its officers, managers, members, employees, agents, or representatives.
6. Publication and Distribution of Content
The Company does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Site. You acknowledge that the Company simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by coaches in response to Content (“Coach Content”). You understand that all Content and Coach Content posted on, transmitted through or linked through the Site, are the sole responsibility of the person from whom such Content originated. You understand that the Company does not control, and is not responsible for Content or Coach Content made available through the Service, and that by using the Site, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Coach Content.
You further acknowledge that the Company has no obligation to screen, preview, monitor or approve any Content or Coach Content. However, the Company reserves the right to review and delete any Content that, in its absolute discretion, violates the terms and conditions of these Terms. By using the Site, You agree that it is your sole responsibility to evaluate your risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, post, transmit or otherwise convey through the Site. Under no circumstances will the Company be liable in any way for any Content or Coach Content, including, but not limited to, any Content or Coach Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Coach Content submitted, accessed, posted, transmitted or otherwise conveyed via the Site. You waive the right to bring or assert any claim against the Company relating to Content or Coach Content, and release the Company from any and all liability for or relating to any Content or Coach Content.
If you see any Content on the Site that you believe violates these Terms or is otherwise unlawful, you may report such Content by sending an email to info[at]racecarcoaches.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use of the Site, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Site in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Site. You agree that the Company has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Information, ratings and reviews regarding race car coaches who are members of the Site (“coaches”) may be found on the Site. If you choose to use the services of a coach, you are responsible to engage and pay the coach (not through the Site). The Site merely allows coaches to advertise their services to potential clients and the Company is not responsible for any contractual relationship or financial dealings between you and any coach. The Company does not endorse and is not responsible or liable for any Content, Coach Content, data, advertising, products, goods or services available or unavailable from, or through, any coach or any third party. You agree that should you use or rely on such Content, Coach Content, data, advertising, products, goods or services, available or unavailable from, or through any coach or third party, the Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in training sessions with any coach, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such coach exclusively and do not involve the Company. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging a coach who is listed on the Site.
Coaches and other third parties may link or otherwise direct Internet users to our Site for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to websites of coaches or other third parties. The Company does not control or operate any such third party or coach websites. Any information you provide to these third party or coach websites while on these third party or coach websites is subject to the respective policies of those third parties or coaches, and not the Company’s policies. It is your responsibility to review such third party or coach policies, including any relevant privacy policies. You agree that the Company will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. the Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or coach sites. You use these third party or coach websites at your own risk.
You agree that the Company is not responsible for the accessibility or unavailability of any coach or for your interactions and dealings with any coach. You hereby waive the right to bring or assert any claim against the Company relating to any interactions or dealings with any coach and you release the Company from any and all liability for or relating to any interactions or dealings with any coaches.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in training sessions with coaches found on or through the use of the Site, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such coach. You agree that the Company shall not be responsible or liable, directly or indirectly, for any death, injury, loss or damage of any sort incurred as the result of any such dealings, including training sessions with a coach.
8. Modification and Termination
Company may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Company reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms. Your continued use of the Site will indicate your acceptance of the current Terms.
Company reserves the right, without notice and in its sole discretion, to terminate or suspend your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms, (ii) Company determines that you are a repeat infringer, (iii) for any other reason, or (iv) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that Company shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
9. Limitation of Liability and Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. FURTHER, YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE COACHES’ SERVICES AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF OF ANY COACH REVIEWS OR RATINGS ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, OR DAMAGES CAUSED BY THE NEGLIGENCE, WRONGFUL CONDUCT, OR ERRORS OR OMISSIONS OF A COACH, EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF ANY SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (F) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.
While we try to maintain the Site’s integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at info[at]racecarcoaches.com with a description of the material(s) at issue, and the location (“URL”) where such material(s) appear.
You agree to defend, indemnify and hold harmless Company, its affiliates, and their respective officers, members, managers, employees, representatives, agents, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive any termination of these Terms or your use of the Site. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right to employ counsel and assume the exclusive defense and control of any such matter at your expense.
The following obligation is applicable to coaches only: Each coach who registers on the Site hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, and their respective officers, members, managers, employees, representatives, agents, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (“Claims”), including but not limited to attorney’s fees, arising from a coach’s negligent acts, errors or omissions or wrongful acts, including Claims for death, bodily injury, damage to or destruction to property. This defense and indemnification obligation will survive any termination of these Terms or your use of the Site. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right to employ counsel and assume the exclusive defense and control of any such matter at your expense.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
12. International Use.
Neither Company nor its affiliates make any representation that the Site, Content or Coach Content is appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you are located.
13. DMCA – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is the Company’s policy to respond to notices of alleged infringement that comply with the federal Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed pursuant to the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below. This procedure is exclusively for notifying Company that your copyrighted material has been infringed. Note that Company will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the process listed below, Company will respond by either taking down the allegedly infringing content or blocking access to it. Company may contact the notice provider to request additional information. Under the DMCA, Company is required to take reasonable steps to notify the user who posted the allegedly infringing content (the “Poster”). The Poster is allowed under the law to send Company a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. Company may publish or share such notices with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
In order to file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. Company reserves the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “The text that appears at [list location on the Site] is my copyrighted work.”);
2. Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable Company to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit Company to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit Company to notify the Poster (email address preferred);
5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
7. Be signed; and
8. Be sent to Company’s DMCA designated agent at the following address:
DMCA Designated Agent: info[at]racecarcoaches.com
15. Other Agreements
These Terms may be supplemented or amended by the provisions of other “click-through” agreements between you and Company found on our Site (the “Other Agreements”). In such cases, you may be asked to expressly consent to the terms of such Other Agreements, for example, by checking a box or clicking a button marked “I agree” or “I accept.” If any provision of these Terms are different than or conflict with the provisions of those Other Agreements, the provisions of the Other Agreements will supplement or amend the provisions of these Terms.
16. Notice for California Users
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Site is provided by Race Car Drivers, LLC, in Winter Park, Florida. If You have any questions, concerns, or complaints regarding the Site, please contact the Company, Inc. by sending an email to info[at]racecarcoaches.com.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
17. Contact Us
LAST UPDATED: September 5, 2017