Terms of Service
iRaceControl Terms of Service
We have prepared this agreement (“user agreement” or “agreement”) iRaceControl (“we”, “our”, “us”) and you. This agreement sets the terms of your use of the iRaceControl website (https://iracecontrol.com/) and services that include the iRaceControl software, programs, applications, and tools (collectively “iRaceControl”). This agreement is meant to encourage a fair and tolerant place for racers, race admins, and participants.
Your Access to iRaceControl
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to iRaceControl, (2) suspend or terminate Your Account or iRaceControl Pro membership, and/or (3) remove any of your User Content from iRaceControl.
We reserve the right to monitor iRaceControl, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Your iRaceControl Account
To contribute to iRaceControl, you must create an account that includes your personal e-mail address, and password (“Your Account”).
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not authorize others to use Your Account, and you may not license, transfer, sell, or assign it without our express written approval.
You may also enroll in iRaceControl Pro, our premium membership program, by paying an monthly or annual fee. This user agreement also applies to iRaceControl Pro members. iRaceControl Pro does not confer any benefits other than those listed on the iRaceControl Pro page. iRaceControl Pro is a membership-based service, and its features are subject to change in the future.
You may also submit your debit or credit card information (“Payment Information”) via the website as part of iRaceControl Pro or to purchase other products or services via iRaceControl. iRaceControl may use third party service providers to process your payment information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to iRaceControl or one of our service providers.
iRaceControl contains graphics, designs, text, images, video, software, code, website compilation, website design, and website advertisements supplied by us or our licensors (“iRaceControl content”).
iRaceControl content and Other User content is protected by intellectual property laws including copyright and other proprietary rights of the Canada and foreign countries.
We retain all rights to the iRaceControl content, but we grant you the limited right to access the iRaceControl content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display iRaceControl content, except as permitted by the doctrine of fair use or as authorized in writing by us.
You will indemnify, hold harmless, and defend us from and against all losses arising out of any claim by a third party that Your User Content submitted to iRaceControl and any resulting use, distribution or sale of the User Content, constitutes an infringement of any patent, trademark right of privacy/publicity, copyright or the misappropriation of any trade secret.
The indemnification extends to claims resulting from actions that are taken outside of the iRaceControl system or services involving User Content (Your or Other) that was created and/or shared using iRaceControl.
The iRaceControl word mark, the circular design mark, and other marks that we may be adopt from time to time (the Marks) are posted at iRaceControl.com along with brand guidelines for proper usage of the trademarks. The absence of a product or service name or logo from this list does not mean that we have waived our rights in that name or logo. You may only use our trademarks with our permission, in accordance with these brand guidelines and any other guidelines we may publish.
You may not (i) alter or change the appearance of the Marks, (ii) use the Marks in any manner that suggests iRaceControl sponsors or endorses a product, service, promotion, contest, or (iii) use the Marks for any other purpose deemed by iRaceControl to be inappropriate. iRaceControl has the right to revoke your right to use the Marks at any time at our sole discretion.
Copyright & DMCA
We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove Users on iRaceControl that we deem to be infringing the copyright of others.
Misrepresentations of infringement can result in liability for monetary damages. You should consider consulting an attorney before taking any action pursuant to the DMCA.
Disclaimer of Warranties
iRaceControl is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your User Content. We do not guarantee that iRaceControl will always work properly.
Limitation of Liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use iRaceControl, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of iRaceControl.
Severability and Enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the Canada and the Province of Ontario, without regard to choice of law principles. You and iRaceControl agree that for any dispute not resolved through informal negotiation or arbitration, the Ontario Provincial and Federal courts having jurisdiction in Whitby, Ontario, Canada have exclusive jurisdiction and you and iRaceControl agree to submit to the personal jurisdiction of such courts.