Terms of Service for Event RegistrantsAs of April 15, 2021
1. Acceptance of Terms
The following Terms of Service (this “TOS“) govern all use by you as a Registrant (as defined below) or other non-Organizer (as defined below) user or visitor of (a) the Race Roster (d/b/a Race Roster US Inc. if you are located in the USA, Race Roster Running UK Limited if you are located in the United Kingdom, and Race Roster North America Corporation if you are located in Canada or elsewhere) websites and domains (“Race Roster”), and owning the websites and domains to which these TOS are linked (including all webpages, subdomains and subparts therein contained, collectively, the “Site”), (b) any and all services available on or through the Site or otherwise provided by Race Roster in connection with Events listed on the Site, and (c) all Software (as defined below) (collectively, the “Services“). The Services are owned and/or operated by Race Roster. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Race Roster. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RACE ROSTER BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY Race Roster. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
This Site and the Services are intended for use by individuals 18 years of age or the age of majority in such individual’s state or country of residence, whichever is older. If you are under 18 or under the legal age of majority in your state or country of residence, you affirm a parent or legal guardian consent to the Terms of Service on your behalf.
2. Description of Race Roster
Race Roster provides a means for registered users who are event organizers and planners (“Organizers”) to collect Event Registration Fees for their events online (“Events”) from registered users who want to sign up to participate in such Events (“Registrants” or “you”) or other non-Organizer user or visitor of the Services (“non-Organizer” or “you”). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, event size, etc., and collect event registration fees online directly from Registrants. Payments are received through third party compliant Payment Card Industry Data Security Standard service methods (“FPM”). This TOS applies to you and your use of the Services as a Registrant and/or other non-Organizer user. They also apply to all visitors to the Site.
3. Your Use of the Services
3.1 The Services.
Race Roster hereby grants you a non-exclusive, non-transferable, limited, revocable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an Event, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
If you use any Software in connection with the Services, Race Roster hereby grants you a personal, non-transferable, limited, non-sublicensable, revocable, limited, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by Race Roster in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by Race Roster, including without limitation future mobile applications. For clarity, the Software will be deemed a part of the Services hereunder.You shall also be responsible for using the Software in a manner that complies with all federal, state, provincial and local laws and the rules and regulations of all credit card companies.
4.1 Payments to Race Roster
You understand and agree that Organizers or non-Organizers may charge you a registration fee associated with your participation in an event or donation to a charity. Included in the listed registration fee amount is a convenience fee charged to you by Race Roster for using the Services. The convenience fee will be noted on your receipt from Race Roster following registration.
4.2 Independent Relationship of FPMs.
You hereby acknowledge and agree that, for all payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all payment transactions are final and non-refundable. If you have any questions regarding any payment transaction, please contact us at email@example.com.
You hereby acknowledge and agree that all issues related to refunds, chargebacks, payment disputes or related issues shall be communicated to, and handled by, the Organizer(s). In no way is Race Roster responsible for the payment of any refunds.
Race Roster may make themselves available for communications or disputes regarding refunds between the Organizer and Registrant, in Race Roster’s sole discretion. Race Roster will always seek the confirmation of the Organizer prior to discussing a refund. In cases in which Race Roster makes themselves available for communications regarding disputes, while Race Roster will act as a resource for Registrants wishing to request a refund, Race Roster will not process refunds. In the event of a dispute, errors in issuing refunds, or lack of refunds in connection with the service, if Race Roster makes themselves available to help adjudicate any such dispute, Race Roster shall determine the resolution, in their sole discretion.
4.4 Disclaimer Concerning Tax Deductible Nature of Payments
Race Roster makes no representation to you as to whether all or any portion of your payment for an Event is tax-deductible. Race Roster is not liable for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of your payment for such Event. You should consult your tax advisor as to whether and the extent to which any portion of your payment is tax-deductible.
4.5 Payment to Promoters
Promoters are paid when their balance owed equals $15 or greater. Checks are sent out to promoters on a semi-monthly basis. Race Roster reserves the right to withhold promotional payouts at their discretion. As an example, possible reasons for holding back promotional payouts include, false registrations or misuse of promotional links.
5. Your Registration Obligations
6. Account, Password and Security
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Race Roster of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Race Roster cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Race Roster shall be the sole arbiter of such dispute in its sole discretion and that Race Roster’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
7. Site Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content contained in or delivered via the Services or otherwise made available by Race Roster in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Race Roster may own the Site Content or portions of the Site Content may be made available to Race Roster through arrangements with third parties. Except as expressly authorized by Race Roster in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Race Roster. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
8.1 Certain Restrictions
Whether you are using the Services as a Registrant or other non-Organizer, you understand, acknowledge and agree that you are liable for all Your Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Registrants and other non-Organizers. You agree not to use the Services to upload, post, email, transmit or otherwise make available any Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, is libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harms to minors in any way;
- impersonate any person or entity, including, but not limited to, an Race Roster representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- you do not have a right to share and grant the necessary rights and licenses for;
- infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by Race Roster;
- interferes with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- intentionally or unintentionally violates any applicable law or regulation (foreign or domestic).
8.2 Certain Remedial Rights
Whether you are using the Services as a Registrant or other non-Organizer, you acknowledge that Race Roster does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that Race Roster and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of Your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Race Roster may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Race Roster, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
The following terms and conditions describe the terms and conditions of Race Roster’s referral programs. Race Roster reserves the absolute right to determine whether you or any other user of the Services qualifies for any of the following referral programs.
9.1 Organizer Referral Program.
Race Roster will pay a referral fee to persons or entities (“Organizer Referrers”) that refer revenue-generating Organizers to Race Roster, subject to the following terms and conditions: (a) Prior to an Organizer’s initial use of the Services, the Organizer Referrer must have contacted the Organizer and have been instrumental in getting the Organizer initially to register for and sell entries for an Event using the Services (as determined by Race Roster in its sole discretion). The referral must be properly registered with Race Roster when the Organizer initially sets up its account and the Organizer Referrer must fully comply with the all instructions with respect thereto; and (b) Race Roster will pay the Organizer Referrer up to 10% of the amount actually paid to Race Roster in processing fees, up to a maximum of $2000. Processing fees vary based on Race Roster’s agreement with the applicable Organizer; more information on our pricing can be found at https://raceroster.com/pricing. Fees do not include additional amounts such as taxes, royalties, credit card processing and other service fees and will be net of all refunds, credit card chargebacks and all other deducted amounts) for the Organizer’s account during the 12-month period following the date of such Organizer’s first Event registration via the Services. The referral fee will be processed on a semi-monthly basis to the Organizer Referrer if the amount due and unpaid is five dollars ($5.00) or more. Any unpaid balances will be added to any balances due in subsequent months. (c) Race Roster reserves the right to change, modify or terminate this Organizer referral program and/or its terms at any time in its sole discretion. Race Roster reserves the right to determine what, if any, amounts are properly due Organizer Referrers hereunder in its sole discretion.
9.2 Registrant Referral Software.
Race Roster makes available software via the Services that makes it possible for Organizers to offer third parties (“Registrant Referrers”) a bonus in exchange for referring Registrants to their Event(s) (“Referral Software”). Race Roster will make a good faith effort to provide information and instructions as necessary to use the Referral Software correctly. If you use the Referral Software in any capacity, you will comply with all such instructions. These instructions can be found your promoter dashboard. For clarity, the Referral Software shall be deemed part of the “Software” and “Services” hereunder. Your use of the Referral Software is also subject to the following terms and conditions: (a) Race Roster is neither a party to any agreements (actual or implied) entered into by Organizers and Registrant Referrers, nor is it an agent, employee, partner or other representative of Organizers or Registrant Referrers. Race Roster has no responsibility for any failure or alleged failure of performance of any Organizer or Registrant Referrer to each other or to any third party. (b) Race Roster does not screen or investigate in any way the users of the Services to determine their ability or willingness to perform the obligations that may be undertaken pursuant to this Registrant referral program. Organizers and Registrant Referrers shall resolve all questions and issues between themselves. Race Roster makes no representations or warranties and gives no assurances that any Organizer or any Registrant Referrer will perform under the Registrant referrer program, including without limitation Organizers paying any money owed to Registrant Referrers. Race Roster will not settle, mediate or otherwise assume responsibility for resolving disputes between Organizers and Registrant Referrers. Race Roster assumes no liability arising from the use or misuse of the Referral Software, or in the event that the Referral Software fails to operate as expected, even if such failure results in the loss of data or in the misrepresentation of data necessary for the Organizers and Registrant Referrers to fulfill commitments entered into using the Referral Software.
You agree to defend, indemnify and hold Race Roster, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable lawyers’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the Events listed on the Service; your use of, contribution to or connection with the Service; your acts or omissions, your violation of this TOS; and/or your violation of any rights of another. Race Roster shall provide notice to you of any such Claim, provided that the failure or delay by Race Roster in providing such notice shall not limit your obligations hereunder. Race Roster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Race Roster’s defense of such matter.
11. Service Modification/Suspensions
Race Roster reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Race Roster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Race Roster, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Race Roster, or if Race Roster believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Race Roster may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Race Roster shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Race Roster has no control over such websites and resources, you acknowledge and agree that Race Roster is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Race Roster shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
14. Disclaimer of Warranties
14.1 General Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RACE ROSTER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. RACE ROSTER MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. RACE ROSTER IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, REGISTRANT OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND RACE ROSTER WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT RACE ROSTER HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING REGISTRANTS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING REGISTRANTS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Registrants, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to Race Roster. Race Roster, in its sole discretion, may investigate the claim and take necessary action.
14.2 No Medical Advice
Race Roster Services may provide guidance related to physical, nutritional or general well-being. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION, and are provided for informational purposes only. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program.
15. Limitation of Liability
RACE ROSTER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RACE ROSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $10.00 CDN IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND RACE ROSTER’S REASONABLE CONTROL. RACE ROSTER SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, RACE ROSTER IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND RACE ROSTER HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
In consideration of being permitted to access and use the Services, you hereby agree to release Race Roster, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Organizers, registrants, and other non-Organizers) in connection with the Services, your access and use of the Services, or any Events listed thereon.
Notices to you may be made via either email or regular mail to the address in Race Roster’s records. You agree that by using the Site or the Services you consent to Race Roster communicating with you electronically. You are entitled to revoke such consent at any time. We may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Site. Any notice from you to us shall be sent in writing to our mailing address at Race Roster/Race Roster North America Corp., 186 York St London Ontario, Canada N6A 1B5 Attn: Corporate Counsel.
19. Trademark Information; Intellectual Property Complaints
The trademarks and logos of Race Roster (the “Race Roster Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks of Race Roster. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with Race Roster Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Race Roster specific for each such use. The Trademarks may not be used to disparage Race Roster, any third party or Race Roster’s or third party’s products or services, or in any manner (in Race Roster’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Race Roster approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Race Roster Trademark shall inure to Race Roster’s benefit.
20.1 Entire Agreement
This TOS constitutes the entire agreement between you and Race Roster and governs your use of the Services as a Registrant or other non-Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Race Roster on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, third party software or the Services in a manner other than as governed by this TOS.
20.2 Choice of Law and Jurisdiction; No Class Action.
This TOS and your access to and use of this Site are governed by and construed in accordance with the laws of the province of Ontario and the Country of Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these TOS shall be filed only in the courts located in Ontario, Canada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.
YOU AND RACE ROSTER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR RACE ROSTER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION. YOU AND RACE ROSTER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, RACE ROSTER, AND ALL PARTIES TO ANY SUCH PROCEEDING.
20.3 Waiver; Invalid Provisions.
The failure or delay of Race Roster to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
20.4 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding. The arbitration shall be conducted in London, Ontario, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Race Roster agree to submit to the personal jurisdiction of the courts located within the City of London, Ontario. Either you or Race Roster may seek any interim or preliminary relief from a court of competent jurisdiction in London, Ontario, necessary to protect the rights or property of you or Race Roster (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
21. Force Majeure
Race Roster shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Please report any violations of this TOS by email via our “Contact Us” page.
23. Event Waiver
For any Event featured on the Site, you agree as follows:
In consideration of Race Roster and the Event Organizer accepting your entry, you, intending to be legally bound, do hereby, for yourself, your heirs, executors, and administrators, forever waive, release and give up any and all claims, demands, liability, damages, costs and expenses of any kind whatsoever, including personal injuries to you or wrongful death against, Race Roster and its employees, representatives, agents and heirs, which may arise from your participation in an Event or while traveling to or from the Event, even if caused in whole or in part by the negligence or other fault of the parties or person or persons you are hereby releasing, by the dangerous or defective condition of any property or equipment owned, maintained or controlled by it and/or because of their liability without fault. YOU FULLY UNDERSTAND AND ARE FOREVER GIVING UP IN ADVANCE ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE PARTIES YOU ARE RELEASING IF YOU SUFFER SUCH INJURIES AND DAMAGES EVEN THOUGH YOU DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BEAND ARE VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGES. You attest that you arephysically ﬁt and sufﬁciently trained for this strenuous Event. You will assume your own medical and emergency expenses in the event of an accident or other incapacity or injury resulting from or occurring in your participation. Inconsideration of this being an amateur event, you release the rights of any and all photographic material, motion picture, video tape, recordings and/or computer information Race Roster may wish to release for this Event without obligation to you.
23.2 Authority to Register and/or Act as Agent
You represent and warrant to Race Roster that you have full legal authority to complete an Event registration on behalf of yourself and/or any party you register (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. If you register a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement on their behalf and by proceeding with an Event registration, you agree that the terms of this Agreement shall apply equally to all Registered Parties. By registering a child under 13 for an Event, you agree and consent to the collection of that child’s information which you provide for the purposes of registration.
YOU UNDERSTAND THAT PARTICIPATION IN AN EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN AN EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE RACE ROSTER FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
23.4 Limitation of Liability; Disclaimer of Warranties.
RACE ROSTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE RACE ROSTER OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH RACE ROSTER OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF RACE ROSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF RACE ROSTER AND YOUR PARTICIPATION IN ANY EVENT IS AT YOUR SOLE RISK. RACE ROSTER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RACE ROSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Race Roster makes no warranty that the Site will be uninterrupted, secure or error free. Race Roster does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Site. Race Roster is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
Race Roster bears no responsibility for injuries, illness, and/or sicknesses that you suffered prior to, during, and after the Event. You agree to abide by applicable guidance or recommendations issued by national, regional and local governments, World Health Organization (WHO), or health centers for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) while participating in an Event. Race Roster will bear no responsibility for your contraction or spread of COVID-19 resulting from your failure to follow any applicable guidance or recommendations for the prevention of COVID-19.
23.6 Safety/Traffic Rules
While participating in an Event, you agree to follow all pedestrian safety laws, rules and ordinances and must not violate the traffic rules or otherwise disturb the traffic. A violation of such laws, rules or ordinances is subject to penalty or criminal sanctions. While participating in the Event, you agree to refrain from staring at the screen of your device in order to avoid traffic accidents. You agree to stay cautious of traffic and your surroundings while participating in the Event.
Race Roster shall not be responsible for any traffic accident, incident or damage you or any third party may suffer resulting from a violation or a failure to follow any safety/traffic laws, rules or ordinances or negligent actions or behavior by you.Any accident or incident shall be resolved at your own responsibility and expense, and Race Roster will not indemnify you or any third party for any loss, costs, expenses or damages resulting from such accident or incident.