Terms Of Service

Introduction

Welcome to RegisterMyRace.com. This website is owned and operated by RegisterMyRace.com LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of October 1, 2013.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Merchant Account Terms

RegisterMyRace.com LLC uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that RegisterMyRace.com LLC is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that RegisterMyRace.com LLC has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

Warrant to Register and/or to Act as Agent

You assume the role of and authorize to RegisterMyRace.com LLC that you have complete legal authority to complete event registration on Registermyrace.com for yourself and/or any person or party that you are registering, in addition to full authority to charge your credit or debit card or PayPal account where a registration fee or fees will be paid/charged.

For all registrants under the age of 18 or any incapable or incapacitated adult you act as and affirm that you are the parent or legal guardian of that party/person and have complete legal authorization to enter into this agreement on their behalf and by going forward with this event/race registration, you affirm that these terms shall apply equally to all Registered Parties. For registration of a child under 13, you agree and consent to the collection of that child's information which you enter and furnish for the purposes of event/race registration.

Event Cancellations

We are unable to provide refunds, exchanges, or transfers for cancelled races/events. When registering for an event/race you understand and accept these terms.

Waiver Acceptance

By accepting these terms you are acknowledging that you are aware of the dangers and risks associated with participating in the race/event that you are registering for. The registrant/attendee should not participate in the race/event if they are not medically able or appropriately trained. You accept that races/events are often convened at locations such as public roads, parks, and other structures publicly owned where hazards are to be expected and assumed by all parties. By participating you should be aware of inherent risks that cannot be eliminated completely which can include minor injuries to catastrophic injuries including death. You and/or any registered party/person agree and understand that by being considered in participating or being permitted to participate in the race/event that you have or will register for, the heirs, personal representatives or assigns of you or registered parties/persons do hereby release, waive, discharge and covenant NOT to sue RegisterMyRace.com LLC for any and all liability from any and all claims arising from participation in the event by you or any registered party/person.

Indemnification

You agree to indemnify and hold RegisterMyRace.com LLC harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of RegisterMyRace.com or the violation of any term of these terms.

User Submissions and Content

Content submitted to RegisterMyRace.com is the sole responsibility of the person from whom such Content originated. This means that you, and not RegisterMyRace.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via RegisterMyRace.com. You understand that by using the RegisterMyRace.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RegisterMyRace.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via RegisterMyRace.com. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

RegisterMyRace.com does not claim ownership of any Content submitted and/or posted by you. However, by submitting and/or posting any Content to the RegisterMyRace.com, you grant RegisterMyRace.com LLC a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

Registration and Password

You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify RegisterMyRace.com of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to RegisterMyRace.com, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RegisterMyRace.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. RegisterMyRace.com has the right to immediately suspend or terminate your account and refuse any and all current or future use of RegisterMyRace.com or related products and services (or any portion thereof). RegisterMyRace.com makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, You also give your child permission to access many areas of RegisterMyRace.com related to the registration, including email, message boards and other registration related information. Please remember that RegisterMyRace.com is intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether RegisterMyRace.com and/or content are appropriate for your child.

Lowest Fee Guarantee

If you do happen to find a lower price from another race registration provider, even if it is a custom quote, we will beat it by 5% guaranteed. In order to qualify for this guarantee you must provide some type of written verification, screenshot or online reference stating the lower fee. If for some reason we cannot beat the quote or reference by 5% we'll give you $50.00 cash.

Fees and Payments

Event Directors using RegisterMyRace.com are required to pay negotiated fees for all registrations. Event customers are required to make full payments to event companies using RegisterMyRace.com whether paying by credit/debit card or check or any other form of payment provided by the Event. Events are fully responsible for event ticket/donation fee collections by check and any other form of payment, it is not the responsibility of RegisterMyRace.com.

Event directors using RegisterMyRace.com are responsible for any and all chargeback fees and/or refunds associated with their event(s). Associated charges will be automatically submitted by RegisterMyRace.com utilizing the credit/debit card information given during event creation. This information is submitted within the "Payment Settings" link provided on the event dashboard and is required prior to making an event live.

Chargeback notifications from use of the Service (initiated by the Buyer with their credit card provider) are sent directly to RegisterMyRace.com via the merchant provider. RegisterMyRace.com will be the sole and direct channel of correspondence in all chargeback proceedings. RegisterMyRace.com will utilize all available resources to contest or address each chargeback directly with the merchant bank in the time allotted for response. Chargeback cases where RegisterMyRace.com does not successfully secure a reversal or deems the chargeback to be warranted as stated, shall be charged back to the Event Director of such event. RegisterMyRace.com shall either (i) deduct these costs, and any associated fees from the credit/debit card provided; or (ii) send an invoice to the event director for such costs if necessary. If payment for such invoice is not received by RegisterMyRace.com within fourteen (14) days, RegisterMyRace.com reserves the right, at RegisterMyRace.com's sole discretion, to terminate Event Director's registration for the Service and to cancel all other events listed under the Event Director.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any RegisterMyRace.com employees or representatives.


We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of RegisterMyRace.com LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless RegisterMyRace.com LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.


Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from RegisterMyRace.com LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.


Limitation of Liability

As used in these terms, RegisterMyRace.com LLC refers to Registermyrace.com, Register My Race and any and all subsidiaries, affiliated entities, or entities that control or are controlled by RegisterMyRace.com LLC singly or together and its officers, employees, contractors, subcontractors and agents.

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. RegisterMyRace.com LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on RegisterMyRace.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of RegisterMyRace.com LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by RegisterMyRace.com LLC.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by RegisterMyRace.com LLC from our offices located in the state of Utah, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Utah, by accessing our website, you agree that the statutes and laws of UT, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Utah You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, RegisterMyRace.com LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.



Default Waiver/Refund Policies

If you do not add your own agreement/waiver, and use our default RMR waiver and refund policy Please note, RMR will not be held liable for any discrepancies or your use of the waiver. This is a generic waiver and we recommend you have your legal counsel review the waiver and refund policy prior to use. By default we will collect digital signatures for the waivers and refund policies.

To see our Anti-Spam Policy click here. And to see our full Privacy Policy click here.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

RegisterMyRace.com LLC
298 24th Street #400
Ogden, UT 84401
USA

BY INDICATING YOUR ACCEPTANCE OF THESE TERMS BY YOU ELECTRONIC SIGNATURE DURING THE REGISTRATION PROCESS, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT, TERMS AND WAIVER ELECTRONICALLY FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.