Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. We know you’re totally smart but big fancy city lawyers sometimes argue over words like “the” so we thought we’d make our definitions as clear as possible. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“RaceRaves” refers to our company, known as “RaceRaves, LLC”; our Site; our Service; a magical hat worn by wizards; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site, including our race information and our Site itself;
“Site” refers to our website, raceraves.com;
“User” refers to anyone who uses our Service, including both registered Users and general visitors to our Site;
“User Content“ refers to your ability to submit or transmit any information through the Site, including but not limited to text, audio messages, videos, photos, images or any other information; and
“You” as in, “Hey, you!” refers to you, the person who is entering into this Agreement with RaceRaves.
3. What RaceRaves Offers
RaceRaves is an awesome online resource that features ratings, reviews and recommendations posted by Users relating to races, running competitions, and other endurance and sporting events, enabling runners to gather information about specific races and to share their own racing experiences. Coverage by RaceRaves includes road and trail races, from 5K to ultra-marathon distances to—scientists predict—interstellar jet pack-powered galaxathons.
The Site includes advertising, marketing and promotion services, namely, providing information regarding products, services and events, links to race and race registration websites, and special offers for the goods and services of others.
Our Site is aimed at the worldwide running community and pretty much anyone else who enjoys moving in a forward direction with their feet.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, RaceRaves, and yourself. Basically don’t take over a sovereign nation or do anything else naughty and we’re cool.
- You must represent and warrant that if you are an individual, you are (i) at least 18 years old or (ii) if you are between the ages of 13 and 18, you have parental permission to enter into this Agreement and to use the Service. You also certify that you are legally permitted to use and access the Site and take full responsibility for the selection and use of and access to the Service. RaceRaves does not knowingly collect the information of anyone under the age of 13.
- You must provide us with personal information and other information that we deem necessary to provide you with our Service.
5. Nature of Service
Unless otherwise stated, RaceRaves does not endorse any of the third-party events mentioned on its Site. You agree to release RaceRaves from any liability relating to your use of our Service or any such third parties. Note: If something someone posts sounds too good to be true, it usually either is too good to be true or they’re an eccentric Willy Wonka-like billionaire.
6. Your Conduct While Using the Site
When accessing our Site or using any associated Services, you agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site or any Services offered to stalk, harass, bully or harm another individual;
- You agree that you will not hold RaceRaves responsible for your use of the Site or any related Services;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to RaceRaves;
- You agree not to interfere with or disrupt the Site or any Services offered;
- You agree to not violate any US laws while using the Site; and
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but RaceRaves reserves the right to suspend or terminate any account at any time without notice or explanation.
7. User Content
When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. RaceRaves does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When you submit any User Content to us, you grant RaceRaves, its partners, affiliates, users, representatives and assigns, a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, market, sub-license or use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Site and to share your User Content via the Site and Services.
8. User Content Guidelines
User Content found on the RaceRaves Site does not necessarily reflect the opinions of RaceRaves. We reserve the right but not the obligation to remove, delete, modify, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.
When submitting any User Content you agree to the following:
- You agree not to post any User Content that depicts violence, adult themes, or nudity;
- You agree not to post any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
- You agree not to post any User Content that is considered spam;
- You agree that all User Content shall conform with US federal and state laws;
- You agree to only post User Content that you own or have licensed and you shall not post any User Content that is in violation of a third parties’ intellectual property rights; and
- You agree not to post any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, or not up to community standards.
If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Site, your access to the Site may be suspended or terminated.
In order to purchase any RaceRaves products, you will be required to provide us with your credit card information or PayPal account details. Please be aware that all credit card information and any additional payment information may be shared with our third party payment processors who store and secure your payment information. When you purchase any products from our Site you authorize us to charge your payment method on file for the amount displayed.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to any government agencies having jurisdiction over you.
11. Order Acceptance
All orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation, we may cancel your order without penalty. Please be aware that any statements made by our customer service representatives or salespeople are non-binding in nature. We reserve the right to refuse shipments of products to you and to cancel any orders for any reasons at any time.
12. Refunds and Exchanges
At RaceRaves we want you to be satisfied with our products. However, we cannot offer any refunds at this time. Although no refunds are offered, we do offer exchanges for any items purchased. You may exchange any products purchased within thirty (30) days of receipt. All exchanged products must be new, unused, and unopened. Please be aware that you will be responsible for any return shipping costs including any additional shipping costs incurred for shipping you new products for any exchanges. It is important that you do not ship any exchanged products before notifying us. If you wish to complete an exchange please email us at [email protected], after receipt of your email we will send you instructions to process your exchange.
At checkout you may be able to select from multiple shipping options. Shipping is generally available in North America. Prices for each location may vary. Standard shipping times will apply. As we do not transport the products we cannot guarantee shipping times. Before we can ship your order, RaceRaves must prepare your product and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us immediately.
Risk of Loss
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the third party shipping carrier.
14. Product Issues, Availability, and Pricing
As our Site contains a number of products, it is possible that some of the products listed on our Site may be incorrectly priced, improperly labeled, or may be unavailable. Additionally, other errors may be displayed on the product page. Although we try to keep all products on our Site available and on hand, there may be times where such products are unavailable.
Where a product’s correct price is less than our stated price, you agree that we may charge you the lower price for the purchased product. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. You agree that we are not obligated to provide you any products at an incorrect lower price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. Please be aware that pricing on any products may change at any time.
15. Product Photos and Sizing
Please be aware that all photos of any products sold on RaceRaves are for illustrative purposes only. Although we use reasonable best efforts to ensure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not be entirely representative of the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing is approximate and not exact.
16. Our Copyright
RaceRaves must protect its content from being infringed by third parties and eye patch-wearing Internet pirates as it helps to distinguish us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
“RaceRaves” is a registered trademark used by us, RaceRaves, LLC, to uniquely identify our Site, Service, and business—basically it’s our bling. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
18. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you. Don’t get a RaceRaves tattoo because it might hurt when we revoke our permission to use it.
19. Copyright & Trademark Infringement
We take copyright infringement very seriously. We have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please dry your tears and send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: RaceRaves.com Copyright Agent
4712 Admiralty Way #1188
Marina del Rey, CA 90292
If sending the notification by e-mail, an electronic signature is acceptable.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
20. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any nasty words posted on our Site by third-party jerk faces. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at [email protected] if any of our Users have posted anything that you believe is defamatory.
21. Representations & Warranties
THIS IS IMPORTANT SO WE’RE GOING TO USE A MEGAPHONE AND TYPE IN ALL CAPS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party, which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
To summarize, don’t let a bull in the proverbial china shop, and if you do and it turns out we really don’t feel like fighting it, RaceRaves can throw in the towel at your expense so we can go play Pogs or marbles or something because even that’s more fun than sitting around in court and being yelled at by a guy in black dress all day.
23. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California. California is located on the west coast of the United States. For more information about California, consult your local library.
24. Forum of Dispute
The California Legal Modernization Act 2013 prohibits surf-offs as an acceptable means of solving dispute in the state. Thus, you agree that any dispute relating in any way to your use of the Site or Services or this Agreement shall be submitted to confidential arbitration in Los Angeles, CA. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (the foregoing time limitation is not applicable to residents of New Jersey). In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Los Angeles, CA.
25. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, zombie attacks, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), rabid monkeys from outer space, embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, Hungry Hungry Hippos, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, RaceRaves shall have the sole right to elect which provision remains in force. We may do this by consulting ancient Greek oracles or we may simply choose which one is preferable to RaceRaves.
RaceRaves reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. Just because Bob crashes his car into our office and gets away with it doesn’t mean that Bill can do it and get away with it. Maybe we felt sorry for Bob, or he had diplomatic immunity or something. Please don’t crash your car into our office.
28. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users, even if we saw they were wearing an eye patch and had a hook for a hand and we so should have known that they were up to no good.
29. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion, including by creating bearer shares for our company and eccentrically dropping them from a zeppelin in crowded urban centres. We probably won’t do this because we enjoy this job too much, and zeppelins cost a lot anyway.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and e-mail you to inform you that there has been a change. Your continued use of our Service shall constitute your acceptance of this Agreement.
31. Electronic Communications
The communications between you and RaceRaves use electronic means, whether you visit the Site or send RaceRaves e-mails, or whether RaceRaves posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from RaceRaves in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that RaceRaves provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
32. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about RaceRaves must be addressed to our agent for notice and sent via certified mail to: RaceRaves, LLC, 4712 Admiralty Way #1188, Marina del Rey, California, 90292, United States.
Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: August 20, 2017