Terms & Conditions

As of June 2017

Terms of Service for Event Organizers

1. Acceptance of Terms

1.1 Overview.

The following Terms of Use (this “TOU”) govern all use by you as an Organizer (as defined below) of (a) the Fast North Corp., operating as Race Roster (“Race Roster”) websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by Race Roster, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and 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.

1.2 Modification.

PLEASE NOTE THAT THESE TOS MAY BE CHANGED, MODIFIED OR UPDATED BY RACE ROSTER FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS SITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES. IF ANY CHANGE TO THIS TOS IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO CEASE ACCESSING, BROWSING AND OTHERWISE USING THE SERVICES.

1.3 Language.

We may translate this TOS, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages at your written request for your convenience. We are not responsible for results of any such translation, including any inaccuracies. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

2. Description of Race Roster

Race Roster provides a means for registered users who are event organizers and planners including charity event organizers (“Organizers” or “you”) to collect payments with respect to the sale of entries for events registered on the Site, including Entry Sale Service Charges (as defined below) (collectively “Event Registration Fees”), from registered users (“Registrants”) who want to attend such events (collectively, the “Services”). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, entry inventory, etc., and collect Event Registration Fees online directly from Registrants. Payments are processed through third party payment service methods (collectively “FPM”) or the Race Roster payment processing gateway (the “Gateway”). For more information, please see https://raceroster.com. This TOS applies to you and your use of the Services as an Organizer. They also apply to all visitors to the Site. For the Terms of Service Agreement that applies to you and your use of the Services as a Registrant and/or other non-Organizer user or visitor, please see https://raceroster.com /terms-and-conditions .

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 creating an event page with respect to, and promoting, managing, tracking, and collecting Event Registration Fees for an event that you have registered on the Site, 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, service bureau, or commercial purposes (except for the limited commercial purpose of selling event entries through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.

3.2 Software

If you are allowed to download or use any Software in connection with the Services, Race Roster hereby grants you a personal, non-transferable, 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. The Software and the transmission of applicable data is subject to Canadian export controls. No Software may be downloaded or otherwise exported or re-exported in violation of Canadian export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, provincial and local laws and the rules and regulations of all credit card companies.

4. Payment Methods

4.1 Overview

Organizers will use our designated credit card processing (“CCP”), which requires the use of the Gateway for the collection of information to process the Event Registration Fees.

4.2 Credit Card Processing.

(a) Gateway; Payment Process.

Payment processing occurs directly through Race Roster's platform, which Organizers can integrate and modify based on their particular needs. Race Roster will act as Organizer’s agent to collect Event Registration Fees on behalf of the Organizer from Registrant. Race Roster will deduct all applicable Services Fees from the Event Registration Fees collected by Race Roster, and then pass the remainder along to the Organizer within 30 day following the event end date for the event to which the Event Registration Fees correspond (either by mailing a cheque or through an electronic funds transfer, depending on the option the Organizer has chosen through using the Site, to the address or account, respectively, that the Organizer accurately designates on the Site), provided that Race Roster reserves the right to withhold funds from remittances (i) at any time as Race Roster determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOS. Race Roster, in its sole discretion, may determine to advance a portion of Event Registration Fees to Organizer prior to the period set forth above, on such terms and conditions as Race Roster may establish from time to time. Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following conclusion of the applicable event and all Event Registration Fees ultimately due will be net of all Service Fees (including Entry Sale Service Charges), refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to an Organizer from Race Roster with respect to any event that is cancelled regardless of the reason for the cancellation. If payments have already been made by Race Roster to an Organizer for a cancelled event, such Organizer will immediately refund to Race Roster all such payments upon cancellation of such event. All sales, fees, charges, and funds are payable in Canadian Dollars, or other foreign currencies accepted by Race Roster, as determined by Race Roster, in their sole discretion. If Organizer selects a foreign currency option accepted by Race Roster, Race Roster will use commercially reasonable efforts to collect and disburse the funds in the foreign currency selected by Organizer.

ORGANIZER AGREES THAT ANY PAYMENT BY Race Roster OF EVENT REGISTRATION FEES TO ORGANIZER PRIOR TO THE FIFTH (5TH) BUSINESS DAY AFTER THE END DATE OF THE APPLICABLE EVENT ARE MADE IN TRUST TO THE ORGANIZER AND ARE ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO ORGANIZER UNDER THIS TOS AND THAT RACE ROSTER MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND ORGANIZER HEREBY REPRESENTS AND WARRANTS THAT HE/SHE SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN FIVE (5) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO RACE ROSTER SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY Race Roster, WITHOUT REDUCTION, ABATEMENT OR SET OFF.

(b) Refunds.

(i) Under the CCP option, it is the responsibility of the Organizer to communicate its refund policy to Registrants and to issue refunds to Registrants via the Site. A Organizer shall ensure that its refund policy is consistent with the terms of this TOS and the payment and refund mechanics of the Site. The Site permits an Organizer to issue refunds to Registrants, provided the refund is issued by Organizer before ninety-six (96) hours after the end date of an event and within six (6) months after the transaction date for the underlying entry purchase. Refunds issued following such period will not be processed through the Site, unless otherwise agreed to by Race Roster in its sole discretion. Subject to the foregoing, refunds issued by an Organizer will be processed within thirty (30) days after Organizer instructs the issuance of the refunds via the Site. Race Roster is available for communications and disputes regarding refunds for Registrants and Organizers. In the event the funds for a specified payment period have already been disbursed to an Organizer Race Roster can facilitate communication with the Organizer. In the event of an error in issuing refunds, or lack of refunds in connection with the use of the CCP option Race Roster in its sole discretion will decide the resolution. 
(ii) Notwithstanding the foregoing, you acknowledge and agree that Race Roster shall have the right to force a refund of any or all entries at any time for any reason or no reason, including without limitation if Race Roster receives complaints from a substantial number (as determined by Race Roster in its sole discretion) of Registrants with respect to the applicable event or another event held by Organizer, or Race Roster determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Registrant(s) request a refund, whether due to a cancelled event or for any other reason where Race Roster would reasonably expect to lose a chargeback, Race Roster may, in its sole discretion, issue such refund to such Registrant(s), and Organizer shall then owe the amount of such refund to Race Roster.

(c) Credit Card Chargebacks.

Under the CCP option, any credit card chargebacks initiated by a Registrant for any reason with respect to an event shall be charged back to the Organizer of such event. All communications and disputes regarding chargebacks are between the Organizer and Registrant, and Race Roster will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify Race Roster and its affiliates for, chargebacks issued in the course of the use of the CCP option.

4.3 Non-Exclusive Remedies.

(a) Payment.

In the event that Organizer fails to pay to Race Roster any amount owed pursuant to this TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer to Race Roster under this TOS or otherwise, Race Roster may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer’s outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay Race Roster such invoiced amounts within thirty (30) days after the date of the invoice. In addition, Organizer hereby agrees and authorizes Race Roster to initiate an electronic funds transfer to debit the amounts owed from any of Organizer’s bank accounts to which Event Registration Fees have been sent. If payment for any amounts due to Race Roster hereunder are not made by Organizer when due, Race Roster reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.

(b) Confirmation.

Upon receipt of a credit card authorization from each individual entry purchase, Race Roster generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honour, and fulfill all entry commitments that have been confirmed by Race Roster through the Services, and it is your responsibility to verify the Registrant’s membership status, confirmation number and/or any event restrictions prior to the subject event.

(c) Taxes; Withholding.

You are responsible for (and will indemnify Race Roster and its affiliates against) all taxes associated with your sale of entries through the Services (excepting taxes based on Race Roster’s net income), which amounts may be withheld from payments due to you or invoiced to you. In addition, if in a given calendar year Race Roster processes transactions for your account (i) for more than $20,000 in gross sales and (ii) in more than 200 order transactions, Race Roster is required to report those transactions to the Country of origin’s respective revenue agency, along with your name, address and Tax Identification Number. Race Roster will contact you during the year for this information if you meet these thresholds and you agree to immediately provide all requested information.
Race Roster reserves the right to withhold the payment of any amounts owed to you hereunder if (i) Race Roster suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOS, or (C) violation of any applicable laws or regulations (foreign or domestic), or (ii) Race Roster is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by Race Roster).

(d) Rules for All Payments

Race Roster has engaged the services of certain third party payment services providers to process payment transactions on the Site. These companies manage the routing of applicable information through the credit card and electronic check processing networks, as applicable. Race Roster is not affiliated with any of these companies, and we are not responsible in any way for the actions or performance (or lack thereof) of such parties. Accordingly, Race Roster expressly disclaims responsibility and liability for all services provided by third party payment services providers, including those related to payment transactions, and you hereby agree that Race Roster shall not be responsible for any loss or damage of any sort incurred as a result of any such services.

5. Your Registration Obligations; Age Requirement

To be a registered user of the Services as an Organizer you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Race Roster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Race Roster has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). Notwithstanding anything herein to the contrary, Race Roster may also terminate or suspend your account at anytime, for any reason, or for no reason.
Race Roster is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account. If you are under 18, you are only allowed to access this Site with your parent's or guardian's permission and supervision. If you are a parent or guardian of a child who is under the age of 18 who is accessing our Site, you hereby agree to be bound by our TOU.

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. Content

7.1 Site Content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “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.

7.2 Your Content

You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”) as an Organizer, you hereby grant to Race Roster a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when Organizer submits event information to the Site. If Race Roster determines, in its sole discretion, that Organizer misrepresented an event or otherwise does not comply with this TOS, Race Roster will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Registrants. Race Roster reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that Race Roster may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Race Roster both on the Site and in marketing and promotional materials.

8. Conduct

8.1 Certain Restrictions

You understand that you are liable for Your Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Registrants and other users of the Services. 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, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way; facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with Race Roster’s Raffles, Contests and Sweepstakes Guidelines; impersonate any person or entity, including, but not limited to, a Race Roster representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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;
related to the sale or provision of goods and services other than the sale or provision of entries and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
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; interfere 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;
intentionally or unintentionally violate any applicable law or regulation (foreign or domestic) or stalk or otherwise harass any person or entity.

8.2 Certain Remedial Rights.

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.

9. Sub-Domains

Race Roster may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].raceroster.com). All such sub-domains are the sole property of Race Roster. In the event Race Roster provides you with a sub-domain, your right to use such sub-domain may be terminated by Race Roster at any time (with or without notice) for any reason or no reason.

10. Referrals

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.

10.1 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 on 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. 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 (c) Race Roster facilitates that payment of funds to registrant referrers. (d) 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.

11. Special Admonitions for International Use

The Site is hosted in the United States. If you are a non-U.S. user of the Site, by visiting the Site you agree to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Site and any related Services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.
We make no representations that the Site and any and all information contained therein, including the information or Content are appropriate, available or legal in any particular geographic location. This Site is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Race Roster to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Site and the relates Services on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof. If you are using our Site from outside the United States, please be aware that your information will be transferred to, stored and processed in either the United States or Canada — or both.

12. Additional Services

Race Roster may, upon request, and for such fees as Race Roster may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing entry scanning and other equipment, providing consultants and staffers to assist you on the date of your event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS. Such additional services shall be set forth in a written Addendum Agreement to this TOS, Race Roster Equipment Lease Agreement, and/or other written agreement between you and an authorized officer of Race Roster, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition to the lease of any equipment, you shall enter into a separate Race Roster equipment lease agreement.

13. Indemnity

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 lawyer’s 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; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); your acts and omissions; and/or your violation of this TOS. Race Roster shall provide notice to you of any such Claim, provided that thefailure 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.

14. Service Modifications/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. Race Roster will not be responsible to you for a refund, in whole or part, of any fees, including any Service Fees for any reason, except in the situation where an error was made by Race Roster. Race Roster will decide if an error has occurred in its sole discretion. 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.

15. Termination

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).

17. Disclaimer of Warranties

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 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 AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. 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 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.

18. 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 US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER 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. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

19. Release

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 YOUR EVENT.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

20. Privacy

All information provided by you or collected by Race Roster in connection with the Services is governed by Race Roster’s Privacy Policy, a copy of which is located at above, which is hereby incorporated by reference into this TOS. Race Roster strongly recommends that you review the Privacy Policy closely. In particular, Organizers should note that Race Roster may use information it receives or collects regarding Registrants in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Registrants. Additionally, Race Roster may sell or share your Personal Data to third parties, including third party advertisers, whom we think may provide products or services that may be of interest to you. If we do so, we will always ask such third parties to provide you an opportunity to opt out from receiving such communications. Further, any information submitted or provided by you to the Site on in conjunction with the Services may be publicly accessible. You should take care to protect private information or information that is important to you. Race Roster shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Site or in conjunction with the Services, this information may become public. Race Roster does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Registrants, other non-Organizers or otherwise) of the Services. Race Roster may store personal information outside of Canada, including in the United States.

21. Notice

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 entitle to revoke such consent at any time. We may 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/Fast North Corp., 740 Richmond St – Upper Level London, Ontario, Canada N6A 3H3 Attn: Corporate Counsel.

22. Trademark Information; Copyright; 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.

Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of either Race Roster or its third party content suppliers or users, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Race Roster, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Race Roster, or any applicable third-party suppliers or users. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Race Roster. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Race Roster does not warrant nor represent that your use of any Content displayed on the Site will not infringe rights of third parties.

Intellectual Property Complaints

Race Roster respects the intellectual property rights of others and expect those that visit the Site or use the Services do the same. If you believe that your work has been used on the Site in any manner that constitutes infringement, please notify us at support@raceroster.com. The notice should include the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the work you claim has been infringed, including a copy of the work or the web page address where the work may be found;
  • Identification of the location on the Company Platform of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the owner, the agent of the owner or the law; and
  • A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the owner of the material allegedly infringed or authorized to act on the owner’s behalf.

23. General

23.1 Entire Agreement.

This TOS constitutes the entire agreement between you and Race Roster and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Race Roster on the subject matter hereof, other than any written Addendum Agreement, if applicable, between you and an authorized officer of Race Roster relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.

23.2 Choice of Law and Jurisdiction; No Class Action.

These Terms of Use and your access to and use of this Site are governed by and construed in accordance with the laws of the State of New York, 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 Terms of Use or Site shall be filed only in the state and federal courts located in the New York City, NY, 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, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR RACE ROSTER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. 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.

23.3 Arbitration.

Arbitration

In our sole discretion, any disputes or claims under this Terms of Service or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct arbitration. Any such arbitration shall be in New York City, New York, and the laws of New York shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, Race Roster may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against Race Roster must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Site and/or any of the Services, or the Terms of Service, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by Race Roster with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

23.4 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.

23.5 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.

23.6 Titles.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

23.7 Violations.

Please report any violations of this TOS by email via our “Contact Us” page:
https://raceroster.com/contact-us .

23.8 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.

Date these Terms of Use were last updated: June 21st 2017

Terms of Service for Event Registrants

1. Acceptance of Terms

1.1 Overview.

The following terms and conditions (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 Fast North Crop., operating as Race Roster (“Race Roster”) websites and domains (including all webpages, subdomains and subparts therein contained, 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 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. 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.

1.2 Modification.

Race Roster reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services. The terms of this TOS may only be modified (i) on an event by event basis through a written agreement signed by you and an authorized officer of Race Roster or written addendum agreement to this tos, signed by you and an authorized officer of Race Roster, or (ii) by Race Roster as provided in this section.

1.3 Language.

We may translate this TOS, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages at your written request for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

2. Description of Race Roster

Race Roster provides a simple and quick means for registered users who are event organizers and planners (“Organizers”) to collect Event Registration Fees for their events online 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”). For more information, please see https://raceroster.com . This TOS applies to you and your use of the Services as a Registrant and/or other non-Organizer user. For the Terms of Service Agreement that applies to you and your use of the Services as an Organizer, please see above.

3. Your Use of the Terms

3.1 The Services.

Race Roster hereby grants you a non-exclusive, non-transferable, 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 that is registered on the Site, 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, service bureau, 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.

3.2 Software.

If you are allowed to download or use any Software in connection with the Services, Race Roster hereby grants you a personal, non-transferable, 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.
The Software and the transmission of applicable data is subject to Canadian export controls. No Software may be downloaded or otherwise exported or re-exported in violation of Canadian export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, provincial and local laws and the rules and regulations of all credit card companies.

4. Payment

4.1 Independent Relationship of FPMs.

When using a FPM, Organizers and Registrants effect the applicable monetary payment transaction through the FPM service, and are bound by the applicable terms of use governing the FPM service.

4.2 Refunds.

It is the responsibility of the Organizer to communicate its refund policy to Registrants and to issue refunds to Registrants via the Site or otherwise. In no way is Race Roster responsible for the payment of any refunds.

Race Roster is available for communications or disputes regarding refunds between the Organizer and Registrant. Race Roster will always seek the confirmation of the Organizer prior to discussing a refund. Race Roster will act as a resource for Registrants wishing to request a refund, but cannot process refunds. In the event of a dispute, errors in issuing refunds, or lack of refunds in connection with the service, Race Roster in its sole discretion will determine the resolution.

5. Your Registration Obligations

To be a registered user of the Services, whether as a Registrant or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Race Roster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Race Roster has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). Race Roster is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third party service provider, you must be at least 18 years of age to register for an account. If you are under 18, you are only allowed to access this Site with your parent or guardian permission and supervision. If you are a parent or guardian of a child who is under the age of 18 who is accessing our Site, you hereby agree to be bound by our TOU.

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. Content

7.1 Site Content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “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.

7.2 Your Content

You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”) as an Organizer, you hereby grant to Race Roster a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when an Organizer submits event information to the Site. If Race Roster determines, in its sole discretion, that the Organizer misrepresented an event or otherwise does not comply with this TOS, Race Roster will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Registrants. Race Roster reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that Race Roster may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Race Roster both on the Site and in marketing and promotional materials.

8. Conduct

8.1 Certain Restrictions

Whether you are using the Services as a Registrant or other non-Organizer, you understand 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, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in accordance with agreed upon guidelines to be set forth by Race Roster;
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;
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;
related to the sale or provision of goods and services other than registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
that 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;
interfere 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 violate 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.

9. Referrals

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. (b) Race Roster will pay the Organizer Referrer up to 10% of the amount actually paid to Race Roster in processing fees up to $2000. Processing fees vary based on Race Roster’s agreement with the applicable Organizer; fee schedule can be found at https://raceroster.com /features#lowfees . 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 paid on the 15th of each month 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 need to 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. (c) Race Roster will not settle, mediate or otherwise assume responsibility for resolving disputes between Organizers and Registrant Referrers. (d) 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.

10. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from Canada or the country in which you reside. In addition, the Services are subject to Canadian export controls.

11. Indemnity

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 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.

12. 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.

13. Termination

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).

15. Disclaimer of Warranties

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.

16. 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 $100.00 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.

17. Release

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.

18. Privacy

All information provided by you or collected by Race Roster in connection with the Services is governed by Race Roster’s Privacy Policy, a copy of which is located above, which is hereby incorporated by reference into this TOS. Race Roster strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. Race Roster shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. Race Roster does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Registrants, other non-Organizers or otherwise) of the Services. Race Roster may store personal information outside of Canada.

19. Notice

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 Services you consent to Race Roster communicating with you electronically. You are entitled to revoke such consent at any time. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Race Roster/Fast North Corp, 740 Richmond St – Upper Level London, Ontario, Canada N6A 3H3 Attn: Corporate Counsel.

20. Trademark Information

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.

21. General

21.1 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.

21.2 Choice of Law.

This TOS and the provision of the Services to you are governed by the provincial laws of Ontario Canada as such laws are applied to agreements entered into and to be performed entirely within Ontario by Ontario residents.

21.3 Arbitration.

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.

21.4 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.

21.5 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.

21.6 Titles.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

21.7 Violations.

Please report any violations of this TOS by email via our “Contact Us” page:
https://raceroster.com/contact

Terms of Service for Promoters

Promoters are paid out when their balance owed equals $25. Cheques are sent out to promoters on or around the 15th of each month. 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.

Terms of Service - Charitable and Not for Profit Organizations

All of the foregoing, and subsequent provisions and clauses, apply to charitable and not for profit organizations. The term “charities” is used to describe and include both charitable and not for profit organization in the Terms of Service.

1. TERMS of Service and AGREEMENT:

RACE ROSTER owns and operates an online registration and integrated fundraising software platform (“SYSTEM”). CHARITY is to receive certain funds‎ raised. Acting as an agent for the CHARITY, RACE ROSTER provides an easy to use SYSTEM, which allows individuals to raise funds on behalf of charities. The SYSTEM receives funds from contributors on behalf of the CHARITY. The SYSTEM collects data from donors and organizes the data in a way that is accessible and easy to view by the CHARITY via customizable reports. RACE ROSTER will have no responsibility for any services other than providing the use of the SYSTEM to the CHARITY

2. Compensation

RACE ROSTER will receive a service fee from the CHARITY equal to a portion of the donation amounts processed. This service fee amount will be in effect for the duration of this agreement. The service fee is used by RACE ROSTER to cover the merchant fees, merchant gateway fees, technology, and related costs.

3. Payment of Funds

RACE ROSTER will remit all funds raised to CHARITY, less compensation and applicable taxes, on a periodic basis via direct deposit. RACE ROSTER, acting as agent for CHARITY, will collect and remit funds collected to the CHARITY, or to the Event Organizer. RACE ROSTER assumes no liability with respect to the operations of the CHARITY, or the relationship between the Event Organizer, or the transfer of funds from the Event Organizer.

4. Reporting

RACE ROSTER will provide an electronic copy of all data for accounting and income tax reporting purposes to the CHARITY. The CHARITY will ensure it has all records required to be compliant with charitable registration and record keeping requirements. RACE ROSTER may, but will not be required to maintain any data or records on behalf of CHARITY. The CHARITY will receive a report of all funds received through the SYSTEM. The CHARITY will receive login credentials for an administrative dashboard, which allows for reporting on all donations made, pledge pages created, and receipts issued through the SYSTEM. A downloadable mailing list of contact information for all donors and fundraisers and downloadable list of donation information is available to CHARITY at any time. This information is the property of CHARITY and will be provided to CHARITY.

5. Refunds

The CHARITY is solely responsible for issuing any refunds for contributions. CHARITY agrees to reimburse Race Roster for any credit card chargebacks that occur after the charge is made.

6. Receipts

RACE ROSTER, as agent, may provide automated receipting that is in accordance with all applicable government laws and regulations. CHARITY must ensure receipts are in accordance with all charitable registration and legal reporting requirements. CHARITY will set the receipt threshold. CHARITY, through the SYSTEM, may re-send replacement receipts to eligible recipients.

7. Marketing

CHARITY agrees to the use of its name and logo on the SYSTEM to fulfill the requirements of the SYSTEM. The CHARITY name and LOGO will be displayed on the individual fundraising pages, which are viewable by the public.

8. Privacy Policy

RACE ROSTER works carefully to ensure that information supplied during the donation processes is secure and confidential to the CHARITY and the administrators of RACE ROSTER. The CHARITY may provide access to the donation data to third party administrators at their discretion. The information provided during the donation process is stored in a password-protected database that is only viewable by the CHARITY, authorized third party administrators, and the administrators of RACE ROSTER‎. The IP address of your computer is stored in a password protected database for use only by RACE ROSTER administrators and the CHARITY, should a problem arise with a donation and the information proves useful in solving a problem. For processes involving a credit card transaction, the credit card information supplied is protected by a sophisticated encryption technique and secure private network connections and this information is not stored or viewable by any party involved in the donation processes. A third-party payment service processes all credit card transactions for the SYSTEM. The third party is a PCI Level 1 certified service provider. The Payment Card Industry (PCI) Standards ensure all companies that process, store or transmit credit card information, maintain a secure environment. Continued PCI Compliance assures that merchant and cardholder data is protected to the industry’s highest security standards. No credit card information is stored on SYSTEM servers or on the SYSTEM database. All donor data processed through the SYSTEM is done so over a secure cloud hosted server and is stored in a password-protected database‎. The SYSTEM is secured by SSL network connections.

9. Overall Terms of Service

The Terms of Service applicable to Charitable and Not For Profit Organizations, in addition to RACE ROSTER’s standard Terms of Service constitute the entire Terms of Service between the CHARITY and RACE ROSTER. In the event of a conflict between the RACE ROSTER’S standard Terms of Service or Privacy Policy, and the Terms of Service applicable for Charitable and Not for Profit organizations, the Terms of Service applicable for Charitable and Not for Profit organizations shall apply.

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