Registration. Registration with RaceGrader is required to access RaceGrader’s community features. At registration you will be required to provide RaceGrader with your display name, email address, password and the zip code where you reside. Additional, optional information such as your address and phone number, marital status, interests, skill level and other details about yourself will allow you to benefit from the site’s more advanced features. This information is collected to allow RaceGrader to contact you and to allow RaceGrader to collect demographic data about its participants, both for RaceGrader’s internal use and in some cases, to allow race directors and group owners to contact you with race or activity status announcements (please see RaceGrader’s Privacy Statement for detailed information on how and when you could receive these announcements). You agree to provide true, accurate and up-to-date information at registration and as may otherwise be requested from time to time. RaceGrader has the right to suspend or terminate your membership if it learns or has reasonable grounds to suspect that the information that you have provided is inaccurate, false or misleading.
Username, Password and Security. You will provide an email address (which also functions as your username) and password on registering to become a Member of the RaceGrader community. You are responsible for maintaining the confidentiality of your username and password and you agree to (i) immediately notify RaceGrader of any breach of security and (ii) ensure that you sign out at the end of each session. RaceGrader cannot and will not be liable for any losses or damages arising out of any failure on your part to comply with this section.
Privacy. Registration and other data about you are subject to our Privacy Statement. For more information, please see the RaceGrader Privacy Statement.
Company Trademarks and Other Intellectual Property. “RaceGrader”, the RaceGrader logo and other Company graphics, logos, designs, page headers, button icons, scripts and trade or service marks or names are registered trademarks or service marks, trademarks or service marks or trade dress of the Company or its affiliates in the U.S. and/or other countries (the “Intellectual Property”). The Intellectual Property may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. You represent, warrant and agree no materials of any kind submitted through your account or otherwise Posted (as later defined herein), transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Postings. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other User Content that you upload, publish or display (hereinafter, “Post”) on or through the Service or the Site, or transmit to or share with other users, (and including downloadable materials,) (collectively the ” User Content”). You may not Post, transmit, or share User Content on the Site or Service that you did not create and/or that you do not have permission to Post. Please choose carefully the information you Post on the Site and that you provide to other Users. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and the Company assumes no responsibility or liability for this or any other material posted by other Users or otherwise accessible on the Site. If you become aware of misuse of the Services by any person, please contact RaceGrader or click on the “Report Inappropriate Content” link at the bottom of any RaceGrader.com page. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. Furthermore, the Company reserves the right, in its sole discretion, to reject, refuse to Post or remove any Posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
When you Post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the Posting and storage of the User Content on the Site. By Posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company or the User (as may be applicable) an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content, commercial, advertising, or otherwise, on or in connection with the Company, the Site, the User or the promotion of any thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. RaceGrader does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any Intellectual Property rights or other proprietary rights associated with your User Content, and are solely liable for any and all losses or damages that might result from any User Content your Post. You are also solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you Post or store on the Site or provide to the Company.
Prohibited User Content and Conduct. The following is a partial list of the kind of User Content and/ or conduct that is illegal or prohibited to Post on or through the Services. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited User Content and Prohibited User Conduct includes, but is not limited to User Content and Conduct that, in the sole discretion of the Company:
(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (e) solicits personal information from anyone under 18; (f) provides any telephone numbers, street addresses, last names, URLs or email addresses, except as may be specifically requested or authorized by the Company; (g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) promotes an illegal or unauthorized copy of another person’s copyrighted work; (i) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (m) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (n) includes a photograph of another person that you have posted without that person’s consent; (o) covers or obscures the banner advertisements on your personal profile page, or any Site page via HTML/CSS or any other means; (p) uses any automated modification of the system, such as using scripts to send messages; (q) interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; (r) attempting to impersonate another User or person; (s) using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account; (t) selling or otherwise transferring your profile; (u) using any information obtained from the Services in order to harass, abuse, or harm another person; (v) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial User Content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; without the Company’s prior written consent, or (w) using the Services in a manner inconsistent with any and all applicable laws and regulations.
Third Party Websites and User Content. The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other User Content or items belonging to or originating from third parties (the “Third Party Applications, Software or User Content”). Such Third Party Sites and Third Party Applications, Software or User Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or User Content posted on, available through or installed from the Site, including the User Content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or User Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or User Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or User Content, you do so at your own risk.
Waiver of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE OR USER CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NEITHER THE CLIENT NOR THE COMPANY SHALL BE RESPONSIBLE FOR THE ACTS OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER. ALL SOFTWARE APPLICATIONS AND THE SITE USER CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, USER CONTENT OR MATERIALS ON THE SITE, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, USER CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN USER CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE OR SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR USER CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE, WHETHER POSTED OR CAUSED TO BE POSTED BY USERS OF THE SITE, BY THE COMPANY, BY THIRD PARTIES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY OR IN THE SITE OR THE SERVICE. YOU ALSO ACKNOWLEDGE AND AGREE THAT ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND THEREFORE WE ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE ON THE SITE. FINALLY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, POTENTIALLY DANGEROUS OR RISKY OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON THE SITE OR OTHERWISE OR FOR ANY DAMAGES, INJURIES OR OTHER LIABILITY THAT MAY RESULT THEREFROM WHATSOEVER.
Indemnification. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or User Content you post or share on or through the Site your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Termination. The Company may terminate your membership, delete your profile and any User Content or information that you have Posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact RaceGrader.com with any questions regarding this Agreement.