Driver TERMS OF SERVICE

Updated 10/22/2018

By your creation of an account and use of Raceday from any subdomain of Raceday.Pro (“Raceday”) you agree that you have reviewed and agree to the following Terms of Service and that you have the authority to register your account according to these terms.

Raceday is Software As A Service (“Saas”) that is used by race promoters, race facilities, race associations and other individuals and organizations involved in Motorsports racing and show events (“Promoter”), and the Race Promoter controls the registrations, classes, add-ons, race setup, race results, and general race management.

Account Terms
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.

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).

You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Privacy Policy
We use the information you provide only to help you register for an event, and for the Promoter of that event to manage that event and event results. We do not buy, sell, trade or use your information for any other purpose, other than statistical information used to make Raceday the best it can be. We do not store your credit card information. The Promoter may add you to their own email list, in order to update you and inform you of event details, and the use of your email may be used by the event promoters to solicit you for additional events. Please contact your Promoter for specifics.

Copyright
All content included on Raceday, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Raceday, LLC and is protected by the U.S. and international copyright laws. All software used on Raceday is the property of Raceday and is protected by U.S. and international copyright laws.

Raceday allows users to post in interactive activities (event registration, membership program, race results, etc.). If you believe that your copyrighted work has been copied and is accessible on Raceday in a way that constitutes copyright infringement, please report the URL you believe violates your copyright, and Raceday will investigate and take action as appropriate.

Refunds
Raceday provides no refunds of any type, however, your Promoter may. Please contact them for additional information. If you have any question about your order, please contact the Promoter. Your credit card statement will show the name of the Race Promoter and Raceday.

Event Cancellations
In the case that an event is canceled by the Promoter, the Promoter may, at their sole discretion, refund your registration fees or credit you for an alternative future event, per their policy. Please contact the Promoter for more information, and note that Raceday cannot issue a refund of any kind.

In consideration of being allowed to use Raceday, you agree to the following:
You will not use Raceday to post, save or transmit any message or image that is unlawful, harassing libelous, abusive, threatening, defamatory, vulgar, sexually-orientated or otherwise objectionable.

You will not use an inappropriate text for your username, profile information, biographical information, nor will you create faux or fake persona’s, nor an account that impersonates others, including employees of Raceday, the Race Promoter, or race sponsors.

Posting of inappropriate content or materials will be determined by the Race Promoter or Raceday, who may, at their own discretion, delete any such material at any time, and supply the information to any law enforcement officials or agencies to aid in the investigation of any violation.

Limitation of Liability
Raceday is made available to you “As-Is” and we made no warranty that the use of Raceday will be uninterrupted or is error-free or that the functionality of Raceday will meet your requirements. There are no warranties of any kind, either express or implied.

Under no circumstance will Raceday be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever for any act or omission not amounting to willful or intentional wrongdoing.

Indemnity
Because Raceday does NOT manage, operate or participate in any of the Events on Raceday, you HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS Raceday FROM ANY LOSS, LIABILITY, DAMAGE, OR COSTS they may incur arising out of your participation in said event. YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S).

You agree to defend, indemnify and hold harmless Raceday and its officers and employees from any claim, demand, loss, liability or expense (including reasonable legal fees), relating to or arising out of your use of Raceday, any of its websites, any products purchased off of Raceday, your violation of these terms and conditions, or the infringement by you of any intellectual property or other right of any person or entity.

Term
You are not required to use Raceday and can cancel your account at any time. Your account will remain active until you cancel it or until the Race Promoter makes your account inactive. Raceday may terminate your account immediately and without notice upon any breach of these Terms of Service, or at our own discretion for any reason what so ever.

Reminders
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only available via your Race Promoter who may refer your issue to us, at which time we will email or in some cases, we may make a phone call to assist you. Phone calls for tech support will not be accepted and will be referred back to the Race Promoter.

You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service.

You must not modify another website so as to falsely imply that it is associated with the Service or the Company.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Raceday.

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.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.

The failure of Raceday 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 the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to support@getraceday.com.