Terms
Welcome to RacersDating.com, the service for adults to meet each other online. By using the RacersDating.com Website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (“Member”). If you wish to become a Member and communicate with other Members and make use of the RacersDating.com service (the “Service”), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by RacersDating.com from time to time, such modifications to be effective upon posting by RacersDating.com on the Website. This Agreement includes RacersDating.com’s Acceptable Use Policy for Content Posted on the Website, and any notices regarding the Website.
1. Eligibility: You must be eighteen or over to register as a member of RacersDating.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term: This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions ‘Account Options’ page. RacersDating.com may terminate your membership for any reason. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
3. Screening: You understand that RacersDating.com does not screen Members’ profiles for “exact accuracy,” nor does it conduct any type of background checks on Members. You understand and agree that it is your responsibility to use common sense when interacting and meeting other Members from this Website (an example would be to always meet people in public places). Please ensure to read our Online Safety and Security for assistance.
4. Non Commercial Use by Members: The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
5. Proprietary Rights in Content on RacersDating.com: RacersDating.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of RacersDating.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6. Content Posted on the Site:
a) You understand and agree that RacersDating.com may review and delete any content, messages, forum posts, blogs, photos or profiles (collectively, “Content”) that in the sole judgment of RacersDating.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b) You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
c) By posting Content to any public area of RacersDating.com, you automatically grant, and you represent and warrant that you have the right to grant, to RacersDating.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. RacersDating.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e) You must use the Service in a manner consistent with any and all applicable laws and regulations.
f) You may not include in your Member profile any telephone numbers, street addresses, last names, URLs, messenger ID’s or email addresses.
g) You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although RacersDating.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, RacersDating.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which RacersDating.com deems appropriate in its sole discretion.
7. Copyright Policy: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
8. RacersDating.com Granted Access to Send Email: You grant RacersDating.com permission to send you email. This includes but is not limited to: alerts when you receive a message from a user, a new friend request, when there are new members in your area, and other alerts. We do NOT share or sell your email address to 3rd parties, and we do not ‘spam’ you with unrelated product emails. All emails contain an unsubscribe link.
9. Member Disputes: You are solely responsible for your interactions with other RacersDating.com Members. RacersDating.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Modifications to Service: RacersDating.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RacersDating.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11.Blocking of IP Addresses: In order to protect the integrity of the Service, RacersDating.com reserves the right at any time in its sole discretion to block Members from certain IP addresses or computers from accessing the Website.
12. Disclaimers: RacersDating.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. RacersDating.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. RacersDating.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. RacersDating.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will RacersDating.com be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and RacersDating.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RacersDating.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
13. Limitation on Liability: Except in jurisdictions where such provisions are restricted, in no event will RacersDating.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if RacersDating.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, RacersDating.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to RacersDating.com for the Service during the term of membership.
14. Arbitration and Governing Law:
a. Arbitration Agreement: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against RacersDating.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against RacersDating.com any class action, class arbitration, or other representative action or proceeding.
b. Notice of Rights: By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and RacersDating.com (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
c. Court Proceedings: Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against RacersDating.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Sacramento County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. Governing Law: This Agreement, and any dispute between you and RacersDating.com, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
15. Indemnity: You agree to indemnify and hold RacersDating.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
16. Other: This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and RacersDating.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Make sure to read our Policy if you haven’t yet done so. Thank you.