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Last Updated: February 27, 2018
LetsGoRacing - Terms & Conditions of Service
WE RESERVE THE RIGHT TO REVISE THIS AGREEMENT IN OUR SOLE DISCRETION AT ANY TIME. WE WILL POST THE REVISED AGREEMENT ON THE SITE AND UPDATE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS. WE MAY ALSO, IN OUR SOLE DISCRETION, PROVIDE YOU WITH NOTICE OF THE MODIFICATIONS BY EMAIL. IF YOU DISAGREE WITH THE REVISED TERMS OF THE AGREEMENT, YOU MAY TERMINATE THIS AGREEMENT BY DELIVERING WRITTEN NOTICE OR BY ELECTRONIC MAIL. IF YOU DO NOT TERMINATE YOUR AGREEMENT BEFORE THE DATE THE REVISED TERMS BECOME EFFECTIVE, YOUR CONTINUED ACCESS OR REGISTRATION WITH LETSGORACING WILL CONSTITUTE ACCEPTANCE OF THE REVISED AGREEMENT.
LetsGoRacing is a third-party booking marketplace that connects motorsports enthusiasts who are interested in renting seat time in a race car (“Renters”) with owners (“Owners”) of racing vehicles or motorsports equipment that are offering their vehicles or equipment for rental (collectively, “Rentals”). Renters book seat time or equipment rentals from Owners per the details included in the Rental listing. We expressly disclaim any liability for Renters and/or Owners and solely act as a connecting marketplace online.
All of Your use, access, and other activities relating to the Products and the Rentals You book or provide shall be in compliance with all applicable state and federal laws and regulations, including, without limitation, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You shall not knowingly or negligently provide incorrect or false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or the Site, or their operation; frame or embed the Site or other Products; use any personally identifiable information other than for the booking and use of Rentals as permitted herein; impersonate another person or gain unauthorized access to another person’s Account (as defined below); introduce any virus, worm, spyware or any other computer code, file or program that is, or may be, intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or the Site, or operation thereof; or scrape, spider, use a robot or other automated means of any kind to access the Products. Your use of the Products shall not be in furtherance of any criminal activity.
3. General Disclaimer
The Site is only a tool for connecting Renters and Owners. We do not guarantee that information provided about Rentals, Owners, or Renters through the Site or any Product is complete or accurate. Engaging motorsports and motorsports activities is inherently dangerous and You take on these activities with full recognition of the dangers. We do not guarantee that Renters will use the Rentals as planned or return the Rentals without damage. We do not endorse or approve the third-party content We make available on the Site or in the Products, which is offered to You only for Your convenience. We are not obligated to update any information made available by Us or any third parties on the Site or in the Products. By using the Site or any Products, You agree not to hold LetsGoRacing or any of its members, managers, officers, agents, employees, contractor or third party content providers liable for any claim for damages arising out of Your use of the Site or the Products or use or provision of any Rental.
As further described below, we do not guarantee that the Site, the Products or Rentals will meet any of Your specific needs. We do not guarantee the performance of the Site or any Product or the performance of any site, device, processor, booking agent, or other third party product with which the Site or any Product interacts.
Prior to listing a Rental for use, all Owners shall have and maintain sufficient insurance in an amount equal to or greater than the fair market value of the Rental and the activities of the Renters as permitted by the Owner’s listing. Notwithstanding the foregoing, LetsGoRacing does not verify insurance coverages of Owners. You acknowledge that no Rental, Owner, Rental, or other third party is insured by Us. Using a Rental, or allowing others to use Your Rental, is done at Your own risk.
In the event You use the hyperlinks included on the Site to access another website or Internet location, You acknowledge that such other sites or locations are not under the control of LetsGoRacing and agree that LetsGoRacing shall not be responsible for any information or other hyperlinks found at any such website or Internet location.
To use certain Products, You will need to register and obtain an account, username, and password (collectively, Your “Account”). You are solely responsible for maintaining the confidentiality of Your Account, and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You shall (i) notify Us immediately of any unauthorized use of Your Account and any other breach of security, and (ii) ensure that You exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge.
Your Account, and the information contained therein, shall not be used for any purpose other than booking Rentals (as an Owner or Rental).
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the Account holder. In cases where You have authorized or registered another individual to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse. In no event shall You assign to, transfer to, authorize, or register a minor for the use of Your Account.
5. Interactions Between Owners and Renters.
Owners and Renters are responsible for arranging the details of each rental (except for payment where facilitated by the company), including without limitation, the provision of driver or team entry fees, amount of seat time owed, recourse for seat time not fulfilled due to on track incidence, vehicle mechanical or electrical failure, or force majeure, weather related incidents, or other act of god, security deposits (if requested by the Owner), and the availability of supplies during the course of a Rental. LetsGoRacing disclaims any liability related to the failure of an Owner or Rental to meet the agreements of a rental, and does not facilitate rentals except as specifically provided in each Product.
6. Damage to Rentals; Disputes Between Renters and Owners
Motorsports is an inherently dangerous activity. The risk of damage to personal belongings or injury is imminent and caution should be exercised when engaging in motorsports activities. LetsGoRacing shall not be responsible for damages to Rentals for any reason including, but not limited to, on track incidence at the fault of the Renter or other participants in the event or mechanical failure during Renter use, force majeure, an act of god, or weather related incidents whether foreseeable or unforeseeable. The Renter and Owner enter into motorsports activity fully understanding the risk of bodily harm, injury, or death. LetsGoRacing shall not be held responsible for bodily harm, injury, or death sustained by the Renter or caused by the Renter to themselves or others for any reason including, but not limited to, the Renter or Owner’s negligent or intentional actions before, during or after the event. LetsGoRacing does not verify the safety of Rentals and You assume the responsibility of verifying the safety of a Rental prior to engaging in any motorsports activities. It is the responsibility of Renters and Owners to agree to terms or remittance in the event of damage to the Rental or bodily injury to any party involved. LetsGoRacing shall not be liable for a Rental’s failure to pay for damages to a Rental.
7. User Content
Except as provided in this Agreement, LetsGoRacing does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials, including without limitation information relating to You or Your Rental (collectively, “Content”) that You post or upload to the Site and/or through the Products offered by Us (“Submitted Content”). After posting or uploading Your Submitted Content to the Site and/or through the Products, You continue to retain all of Your ownership rights in such Submitted Content except as set forth in this Agreement.
You are solely responsible for any third party Content in Your Submitted Content and for the use of the Submitted Content, including on Our Site and other Products. We reserve the right to remove such Content, Your Submitted Content, and/or any other content in Our sole and absolute discretion.
You hereby grant to Us and Our licensees, distributors, agents, independent contractors, representatives and other authorized users (collectively, the “LetsGoRacing Entities”), a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights You own or control, to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Submitted Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Site or any related or affiliated sites, on third party websites, cable networks and stations, broadband and wireless platforms, and or on any other products and services) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to You, with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity (the “Content License”). You appoint Us as Your agent with full power to enter into and execute any document and/or do any act We may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in this Section.
You represent and warrant to Us that:
(i) You own the Submitted Content or otherwise have the legal right to post or transmit the Submitted Content in accordance with the terms of this Agreement and make the license grants contained herein;
(ii) the posting or other transmission of the Submitted Content on or through the Products or otherwise by LetsGoRacing or the LetsGoRacing Entities does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks, trade secret or other proprietary rights), contract rights or any other rights of any person or entity,
(iii) To the extent that any of the Submitted Content on the Site and/or Products features a child of User under the age of 18, User is deemed to have consented to the Content License on such child’s behalf and the foregoing representations with regard to such Content, has the authority to provide such consent, and such child shall also be deemed to be a User for purposes of this Agreement;
(iv) You have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of this Agreement or the use or enjoyment by Us of any of the rights herein granted. You have secured and will maintain all rights necessary for Us to use and enjoy the rights herein granted. You have not sold, assigned, transferred or conveyed, and will not sell, assign, transfer, or convey, to any party any right, title, or interest in and to the rights herein granted or any part thereof, adverse to or in derogation of the rights herein granted to Us;
(v) You are over 18 years of age. None of our Products, including without limitation the Site, are intended for individuals under the age of 18. By using the Products, you affirm that You are over the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OUR PRODUCTS; and
(vi) You have not been convicted of any felony sex offense and are not a registered sex offender in any jurisdiction; and
(vii) To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submitted Content exist, You agree to not enforce any such rights as to Us or the LetsGoRacing Entities, and You shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Submitted Content posted by You to or through the Products.
8. User Conduct
You agree to not use the Products or Rentals to take any action(s) that:
(i) Does any of the following, except as necessary to book, or obtain a booking for, a Rental: solicits personal information, or provides any User telephone numbers, street addresses, last names, URLs or email addresses, or other personal information;
(ii) Involves the transmission of “junk mail,” “chain letters,” “unsolicited mass mailing,” “instant messaging,” “phishing,” “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(iii) Promotes information that You know, or have reason to suspect, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or promotes an illegal or unauthorized copy of another person’s copyrighted work;
(iv) Furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal products, violating someone’s privacy, or providing or creating computer viruses;
(v) Is contrary to LetsGoRacing’s public image, goodwill, or reputation;
(vii) Expresses or implies that any of Your statements, activities or causes are endorsed by Us, without Our prior written consent in each instance;
(viii) Transmits any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
(ix) “Frames” or “mirrors” any part of the Site or any Product without Our prior written authorization;
(x) Distributes any virus, worm or other similar or deleterious files, scripts or programming routines;
(xi) Interferes with or disrupts any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of LetsGoRacing or its licensors or suppliers;
(xii) Forges headers or otherwise manipulates identifiers in order to disguise the origin of any submission;
(xiii) Executes any form of network monitoring or runs a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for You; and/or
(xiv) Promotes any business (besides your Rental).
We cannot guarantee the security of any information You disclose; You make such disclosures at Your own risk. You should be skeptical about information provided by others. LetsGoRacing does not guarantee that information provided by any User or third party is accurate or truthful.
If You become aware of misuse of the Products by any person, please contact LetsGoRacing at [firstname.lastname@example.org].
9. Payment; Service Fees; Taxes
We charge Owners a fee when their listing is booked on LetsGoRacing. Payments for Rental Rentals are processed by either Stripe or PayPal. These vendors both charge a fee for each payment, which consists of commission of 8% (part of which benefits LetsGoRacing), with a $10 minimum fee. Owners are solely responsible for determining their obligations to report, collect, remit or include in their rental fees applicable local, state or federal sales, rental, income or other taxes.
Because the Products merely facilitate the relationship between Renters and Owners, any cancellation of a Rental after a rental has been agreed to shall be governed by an Owner’s policies mentioned on their listing. LetsGoRacing may facilitate refunds as agreed to by each Owner and Rental, but bears no responsibility for reimbursing Owners or Renters in the event of cancellation where there is not an agreement for such a refund. Notwithstanding the foregoing, unless extenuating circumstances exist, amounts due to an Owner or Rental under its cancellation policy will be remitted to the Owner by LetsGoRacing. LetsGoRacing shall not be liable to any party for the cancellation of a rental or the failure of any party to provide adequate funds as a result of such cancellation, or for LetsGoRacing’s good faith transmission of funds to the non-cancelling party in the event of cancellation. In certain circumstances, LetsGoRacing may decide, in its sole discretion, that it is necessary to cancel a confirmed Rental and shall make appropriate refund and payout decisions.
11. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof provided by LetsGoRacing in connection with the Products is “Company Content.”
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use Company Content, solely for either (i) obtaining a Rental for your own use, or (ii) permitting bookings of Your own Rental by Users through the Products, in accordance with this Agreement and any conditions or restrictions associated herewith. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Company Content unless We give You explicit prior written permission to do so. Company Content is licensed, and not sold, to You. The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site or the Products are Our registered or unregistered Trademarks or are the registered or unregistered trademarks of third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
LETSGORACING RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, LETSGORACING DOES NOT SCREEN ALL THIRD PARTY CONTENT ACCESSIBLE THROUGH THE PRODUCTS AND ALL USE OF SUCH CONTENT BY YOU IS AT YOUR OWN RISK AND LETSGORACING SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THIRD PARTY CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY THIRD PARTY CONTENT USED IN THE PRODUCTS IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL.
If You believe that the content of a third party included in the Products violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company via email ([email@example.com]).
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe in good faith that materials hosted by Us infringe Your copyright, You (or Your agent) may send Us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices shall meet the current statutory requirements imposed by the DMCA; http://www.copyright.gov/legislation/dmca.pdffor details. Notices and counter-notices with respect to the Site should be sent:
by e-mail to:
Each notice should include within it the following language: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.”
“I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
LetsGoRacing reserves the right to ban any repeat copyright offender from using its Products. All rights not expressly granted in this Agreement are retained by the content owners and this Agreement does not grant any implied licenses.
12. Independent Contractor
As a User, Your relationship with LetsGoRacing is that of an independent contractor. Nothing in this Agreement or in the course of business between You and LetsGoRacing shall create any employment, agency, joint venture or partnership relationship.
13. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PRODUCTS SHALL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW. LETSGORACING, ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION THOSE OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THE PRODUCTS AND YOUR USE THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LETSGORACING MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT CONTAINED IN THE PRODUCTS (INCLUDING WITHOUT LIMITATION INFORMATION ABOUT USERS OR RENTALS) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT, (II) LOSS OF INCOME, LOST PROFITS, INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCTS OR YOUR USE OR HOSTING OF ANY GARAGE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR CONFIDENTIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR ANY DELAY CAUSED BY LETSGORACING PROCESSES OR PROCEDURES, (V) ANY VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS. LETSGORACING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY USERS OR ANY THIRD PARTY THROUGH ITS PRODUCTS OR ANY HYPERLINKED PRODUCTS OR SERVICES OR PRODUCTS OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LETSGORACING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY SERVICE PROVIDERS. LETSGORACING MAKES NO WARRANTY THAT ANY ERRORS IN ITS PRODUCTS WILL BE CORRECTED OR THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
LETSGORACING FURTHER DISCLAIMS ANY LIABILITY ARISING OUT OF THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF HOSTS OR GUESTS AND THE FAILURE OF ANY HOST OR GUEST TO CARRY INSURANCE, REGARDLESS OF WHETHER SUCH HOST OR GUEST CLAIMS TO HAVE SUCH INSURANCE THROUGH ONE OF THE PRODUCTS. LETSGORACING DISCLAIMS ANY LIABILITY ARISING FROM YOUR TRANSPORTATION TO OR FROM, ENTRANCE, OR EXIT FROM ANY GARAGE.
YOU AGREE THAT USING OR HOSTING MOTORSPORTS RENTALS CARRIES INHERENT RISKS, AND BY USING OUR PRODUCTS YOU ASSUME THOSE RISKS VOLUNTARILY. IF YOU ARE BRINGING A MINOR TO A RENTAL EVENT AS A GUEST, YOU ALONE ARE RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT YOUR USE OF A RENTAL.
14. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF LETSGORACING AND ANY ACTIVITIES RELATED TO OR IN CONSEQUENCE OF YOUR USE OF LETSGORACING REMAINS WITH YOU. IN NO EVENT SHALL LETSGORACING, ITS AFFILIATES, EQUITY OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LETSGORACING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE AGGREGATE AMOUNT OF DAMAGES RECOVERABLE BY A USER AGAINST LETSGORACING WITH RESPECT TO ANY AND ALL BREACHES, PERFORMANCE, NONPERFORMANCE, ACTS OR OMISSIONS HEREUNDER WILL NOT EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID BY SUCH USER THROUGH ANY OF THE PRODUCTS. YOU ACKNOWLEDGE THAT LETSGORACING SHALL NOT BE LIABLE FOR CONTENT OR THE CONDUCT OF ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION ANY HOST OR GUEST) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You hereby agree to indemnify, defend and hold harmless LetsGoRacing, its affiliates, equity owners, members, managers, officers, employees, agents, partners, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of (i) Your breach of any of your obligations hereunder, (ii) Your improper use of LetsGoRacing, (iii) Your interaction with any Owner or Renter, Rental, or participation in a rental, including without limitation any injuries, losses or damages, whether compensatory, direct, incidental, consequential or otherwise, of any kind arising in connection with or as a result of such interaction or participation, and (iv) your breach of any laws, regulations or third-party rights. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by You, and in such case, You agree to fully cooperate with such defense and in asserting any available defenses.
16. Ability to Accept Terms and Conditions
17. Term and Termination
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 0-day terms until such time when you or LetsGoRacing terminate the Agreement in accordance with this provision. We may terminate Your use of the Products immediately without prior notice (i) in the event of any breach by You of this Agreement or any of Our applicable policies, as posted on the Site from time to time; (ii) in order to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or (iii) if LetsGoRacing believes in good faith that such action is reasonably necessary to protect the personal safety or property of LetsGoRacing, its Users or third parties, or to prevent fraud or other illegal activity. We may discontinue offering any Product at any time. You may terminate this Agreement by ceasing to use the Products at any time. We have no obligation to retain any of Your Account’s content for any period of time beyond what may be required by applicable law. Upon termination, You shall cease all use of the Site, Products and Company Content. You agree that LetsGoRacing shall not be liable to You or any third party for any termination of Your access to the Site or the Products. Any accrued rights to payment and Sections 13, 14, 15, 17, 18, 19, and 20 and all representations and warranties contained herein shall survive termination.
18. Jurisdiction; Venue; Waiver of Jury Trial.
This Agreement shall be governed and interpreted in accordance with the laws of the State of North Carolina, without regard to conflict-of-law provisions. All actions to enforce this Agreement shall be brought in state or federal court in Mooresville, North Carolina. YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
In the event that any portion of this Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of this Agreement shall be given full force and effect.
20. Entire Agreement
Except as it may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire agreement between LetsGoRacing and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between LetsGoRacing and You in relation to the access to and use of the Products.
1. Collection and Use of Personal Information
2. Personal Information We Collect
We collect the following types of information:
Information you provide Us directly:
- Name, username, password, mailing address, phone number, email address, User preferences, general preferences, credit card information and payment history.
- Owner or Guest profile information that you provide (as set forth in Section 3).
- Submitted Content (e.g., photos, comments, and other materials) that you post to the Products.
- You may send messages to other users through the site, and We have access to those communications.
- Communications between you and Us. For example, We may send you Product-related emails (e.g., account verification, changes/updates to features of the Products, technical and security notices). Note that you do not have the ability to opt out of Product-related e-mails.
Cookies and similar technologies:
Analytics information: We may use analytics tools (including third-party tools) to help Us measure traffic and usage trends for the Products. These tools collect information sent by your device or Our Products, including the places you visit, how often you use the Products, add-ons, and other information that assists Us in improving the Products. We collect and use this analytics information in an aggregated form with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Log file information:
- Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
- When you use Our Products, Our servers may automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to Our Users which then help Us track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Products.
- When you use a mobile device like a tablet or phone to access Our Site or other Products, We may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by LetsGoRacing.
- A device identifier may deliver information to Us or to a third party partner about how you browse and use the Products and may help Us or others provide reports or personalized content and ads. Some features of the Products may not function properly if use or availability of device identifiers is impaired or disabled.
Metadata: Metadata is usually technical data that is associated with Submitted Content. For example, Metadata can describe how, when and by whom a piece of Submitted Content was collected and how that content is formatted. Our Products and processes may make use of such metadata.
3. Rental/Owner Profile Pages
4. Guest Profile Pages
5. Storing and Sharing of Your Information
Your information may be provided to third parties as set forth below and according to the Terms and Conditions.
Parties with whom We may share your information:
- We may share your information as well as information from tools
like cookies, log files, and device identifiers data, with third-party
organizations that help Us provide the Products to you (“Service
Providers”). Service Providers may provide hardware, software, networking,
Ownering, storage and related technology services. Our Service Providers will
be given access to your information as is reasonably necessary to provide
the service within a Product under reasonable confidentiality terms. LetsGoRacing
incorporates reasonable safeguards to help protect and secure your Personal
Information. However, no data transmission over the Internet, or wireless
transmission, or electronic storage of information can be guaranteed to be 100%
- We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party advertising networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
- We use reasonable efforts to avoid providing Personal Information to third parties. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
LetsGoRacing does not knowingly collect Personal Information anyone under the age of 18 and We will delete any information later determined to have been collected from a user younger than the age of 18. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE OUR PRODUCTS.
7. Privacy Questions