Raceday Promoter Terms of Service

By using the Raceday (“Raceday”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Raceday, a DBA of Digital Opera, Inc. (“Company”) reserves the right to update and change these Terms of Service without notice.

You (“Promoter”) are a company, organization, individual or other entity that is involved in motorsports activities who has the authority to use Raceday.

 

Account Terms

  1. You are responsible for maintaining the security of your account and password. Raceday cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
  3. You may not use Raceday for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

 

Support, Maintenance and Storage Payments and Refunds

  1. Raceday is available to you as long as you have one of our Support, Maintenance and Storage plans in good standing, and your account stays active.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, Raceday will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
  3. No refunds are available for Support, Maintenance and Storage plans.
  4. All Support, Maintenance and Storage fees will be paid via credit card on file with Raceday on either a monthly or annual basis. Accounts created after 10/01/2018 require a credit card on file for payment, checks are no longer accepted.

 

Onsite and Cash Registrations

When utilizing our onsite or cash registrations feature, a Raceday fee is added to the transaction for the use of the system, in the same manner as a credit card transaction. By using Raceday, you agree to pay that fee in a prompt and timely fashion. In order to use this function, Raceday must have a credit card on file to charge those fees at the conclusion of your event, plus one to two business days. If no card is on file, the feature cannot be used. Raceday no longer sends invoices and we do not accept checks for these payments, they must be done online, via credit card. The transaction fee may only be waived by Raceday if it is approved before the event and you obtain the written, expressed consent from Raceday releasing you from the obligation to pay the fees.

Abuse of the Cash Registration system may result in account termination, at the discretion of Raceday.

 

Driver Pay and Promoter Pay Option

Credit card transactions automatically collect and dispurse both the Raceday fee and the fee to the credit card companies. Under our Driver Pay model, those fees are added to the overall order. Under Promoter Pay, those fees are deducted from the Promoters proceeds.

When issuing a partial or complete refund via Raceday, the credit card fees are refunded partially or completely. The Raceday fee is not refundable.

 

Custom Functionality

Raceday is customized when we set up your account to match your style of racing. However, some Promoters require functionality that is outside the scope of the Raceday application. In those cases, you may contact us to discuss the design, building and maintenance your required functionality and the associated costs. Raceday is sold “As-Is” and there are no exceptions.

 

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request will be required to cancel the account, as well as verification prior to the deleting of your data.
  2. All of your content will be inaccessible from Raceday immediately upon cancellation. Within 15 days, all content will be permanently deleted from backups and logs. This information can not be recovered once it has been permanently deleted.
  3. If you cancel Raceday before the end of your current paid up month or year, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
  4. Raceday, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Raceday for any reason at any time. Such termination of Raceday will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. Raceday reserves the right to refuse service to anyone for any reason at any time.
  5. You are advised to save all your waivers should you cancel  your account, so that you have them if they are needed fore future use. Raceday will not be responsible for the hosting, storage and security of waivers after you have cancelled your account.

 

Modifications to Raceday and Prices

  1. Raceday reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of Raceday with or without notice.
  2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to GetRaceday,com or to Raceday itself.
  3. Raceday shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Raceday.

 

  1. All content posted on Raceday must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to Raceday. All materials uploaded remain yours.
  3. Raceday does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via Raceday.
  4. The look and feel of Raceday is copyright© Raceday, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Raceday.

 

Customer Service

Customer service is available via text, phone or email from Monday through Friday, 9:00 AM to 5:00 PM Central Time (U.S.). Please have your Promoter name and/or Raceday subdomain available so we can find your account quickly.

Please Note: 24/7/365 support is available via Text and Phone ONLY via a special phone number given to you during your sign-up process that is available on your Raceday dashboard as well. Emailing us or calling the wrong number during off-hours will slow your response down.

Raceday does NOT provide Customer Service to your event participants (drivers, crew or general audience) and those inquires will be referred back to you. In certain cases, Raceday may make a phone number available to your participants, but only for specific, limited assistance as it relates to Raceday. We cannot help participants with the Promoters rules, regulations, schedules, cancellation policies, rain-out policies or other items not related to the use of Raceday.

 

General Conditions

  1. Your use of Raceday is at your sole risk. Raceday is provided on an “as is” and “as available” basis.
  2. You understand that Raceday uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Raceday, and that those third party services can have outages that Raceday has no control over.
  3. You must not modify, adapt or hack Raceday.
  4. You must not modify another website so as to falsely imply that it is associated with Raceday.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Raceday, use of Raceday, or access to Raceday, without the express written permission by Raceday.
  6. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Raceday employee or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of Raceday, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Raceday customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of Raceday for other customers.
  10. Raceday does not warrant that (i) Raceday will meet your specific requirements, (ii) Raceday will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Raceday will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Raceday will meet your expectations, and (v) any errors in Raceday will be corrected.
  11. You expressly understand and agree that Raceday shall not be liable 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 Raceday has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Raceday; (ii) 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 Raceday; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Raceday; (v) or any other matter relating to Raceday.
  12. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Raceday, and govern your use of Raceday, superceding any prior agreements between you and Raceday (including, but not limited to, any prior versions of the Terms of Service).
  13. Questions about the Terms of Service should be sent to support@getraceday.com.

 

Any new features that augment or enhance the current version of Raceday, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of Raceday after any such changes shall constitute your consent to such changes.