Racehawk Terms of Use and Privacy Policy

Welcome to the web site of Racehawk, LLC ('Racehawk') and its online registration services. This web site and other Racehawk web sites (collectively, the Racehawk Web Site or the 'Web Site') provide general information about Racehawk and its services and allow you to register for or participate in certain services and events sponsored and operated by third parties (collectively, 'Event Sponsor,' which term refers to both sponsors and operators).

All users of the Racehawk Web Site are subject to the following terms and conditions of use (these 'Terms of Use').

Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Racehawk Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.

Racehawk may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the Racehawk Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site. Racehawk may, in its sole discretion, and at any time, discontinue the Web Site or any part thereof, with or without notice, or may prevent your use of the Web Site with or without notice to you. You agree that you do not have any rights in the Web Site and that Racehawk will have no liability to you if the Web Site is discontinued or your ability to access the Web Site or any content you may have posted on the Web Site is terminated.

USE OF THE RACEHAWK WEB SITE

You agree to use the Racehawk Web Site only for lawful purposes:

Specifically, you agree not to do any of the following: (1) use the Racehawk Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) misrepresent an affiliation with any person or organization; (3) restrict or inhibit use of the Racehawk Web Site by others; (4) upload or otherwise transmit files that contain a virus or corrupted data; (5) collect information about others (including e-mail addresses) without their consent; (6) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Racehawk Web Site or that you have a contractual obligation to keep confidential; (7) deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable; (8) impersonate another person or entity; (9) attempt to gain unauthorized access to the Web Site, any related website, other accounts, computer systems, or networks connect to the Web Site; or (710) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Racehawk Web Site, or which, as determined by Racehawk, may harm Racehawk or users of the Racehawk Web Site or expose them to liability.

You understand and acknowledge that you are responsible for whatever you submit to this Web Site and you, not Racehawk, have full responsibility for it, including its legality, reliability and appropriateness. By uploading or otherwise transmitting information or other material to Racehawk or to any area of the Racehawk Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Racehawk and/or post it to the Racehawk Web Site. You grant to Racehawk the perpetual, fully paid, sub-licensable, worldwide royalty-free right to use all information or other material you upload or otherwise transmit to Racehawk or the Racehawk Web Site (“User Content”) in any manner Racehawk chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. This license includes the right to host, index, chase, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phone, in video or music software computer programs.

Racehawk reserves the right, but does not assume any responsibility, to (1) remove any information or other material from the Racehawk Web Site which Racehawk, in its sole discretion, deems inconsistent with the foregoing commitments, including anything Racehawk has been notified, or has reason to believe, constitutes copyright infringement; and (2) terminate any user’s access to all or part of the Racehawk Web Site. However, Racehawk can neither review all information or other material before it is posted on the Racehawk Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Racehawk assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Racehawk reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, Racehawk has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Racehawk reserves the right to modify, reject or eliminate any information residing on or transmitted to the Racehawk Web Site.

Your failure to comply with the foregoing provisions may result in the termination of your access to the Racehawk.com Web Site and may expose you to civil and/or criminal liability.

ONLINE REGISTRATIONS AND PURCHASES

All registrations and purchases made through the Racehawk Web Site are governed by these Terms of Use and any other terms specified on this Web Site as applicable to such registrations or purchases, which terms are hereby incorporated into these Terms of Use. All confirmed orders are final once payment is submitted. Racehawk does not issue refunds. Any event or service sponsored or operated by an Event Sponsor and any product sold by an Event Sponsor are not the responsibility of Racehawk and you agree to hold Racehawk and its agents harmless from any liability or injury arising from or related to your participation in any such event or service or your purchase of any such product. Event Sponsors have provided some of the information included in this Web Site and Racehawk neither verifies, certifies, nor is responsible for the accuracy or completeness thereof. All confirmed orders are final once payment is submitted. Racehawk does not issue refunds. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information, opinion, or device ordered or received from such Event Sponsor or other vendor are solely between you and such business. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Racehawk or an Event Sponsor or their licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Racehawk Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer of Racehawk or of an Event Sponsor. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site without the prior written consent of Racehawk, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Racehawk Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with Racehawk.com or the applicable owner of such content. Except as expressly authorized by Racehawk.com in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site.

If you are a trademark or copyright owner and you believe that your trademark or copyright has been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area

TRADEMARKS

Racehawk and product and service names, the logo, the design marks and the slogans of Racehawk are the trademarks, service marks or registered trademarks of Racehawk. All other products or service marks contained herein are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Racehawk name and logo may not be used in any commercial manner without the prior written consent of Racehawk.

DEALINGS WITH MERCHANTS AND OTHER THIRD PARTIES

If you choose to correspond, participate in a promotion or engage in transactions with any individual or business found on or through this Web Site, you acknowledge and agree that Racehawk is not a party to, and will not be responsible for, your interaction with such individual or business, including such party’s treatment of your information and the terms and conditions applicable to any transaction between you and such party. The terms of your interaction with such party are solely between you and such party. You agree that Racehawk will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such parties on this Web Site.

LIABILITY OF RACEHAWK, EVENT SPONSORS AND LICENSORS

You assume all responsibility and risk for the use of this Web Site and the Internet. Neither Racehawk nor any Event Sponsor assumes any liability for the materials, information and opinions provided on, or available through, the Racehawk Web Site (the "Site Content"). Any of the Site Content may include technical, accuracy and typographical errors. Racehawk has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Racehawk or any Event Sponsor shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk. Racehawk and each Event Sponsor disclaim any liability for injury or damages resulting from the use thereof.

THE RACEHAWK WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITH ALL FAULTS. NEITHER RACEHAWK NOR ANY EVENT SPONSOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE RACEHAWK WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER RACEHAWK NOR ANY EVENT SPONSOR WARRANTS OR REPRESENTS THAT THE RACEHAWK WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE RACEHAWK WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE RACEHAWK WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. RACEHAWK AND EACH EVENT SPONSOR DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

Neither Racehawk nor any Event Sponsor shall be liable for any damages of any kind whatsoever (1) arising out of your reliance on the information on this Web Site or (2) resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of or browsing in this Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this Web Site or any linked web site or the Internet generally

IN NO EVENT WILL RACEHAWK OR ANY EVENT SPONSOR OR ANY OF THEIR LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE RACEHAWK WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE RACEHAWK WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY RACEHAWK OR ANY EVENT SPONSOR AND WHETHER OR NOT RACEHAWK OR ANY EVENT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to indemnify and hold harmless Racehawk and each Event Sponsor and their respective officers, directors, shareholders, employees, agents, affiliates, third party information providers, licensors and others involved in the Racehawk Web Site or the delivery of products, services or information over the Racehawk Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Racehawk Web Site or any products, services or information obtained from this Web Site.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

Racehawk’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Racehawk Privacy Policy, which is incorporated by reference into these Terms of Use.

COMMENTS AND SUBMISSIONS

Anything that you submit to or through Racehawk or the Racehawk Web Site is non-confidential for all purposes and will not be held in confidence. Racehawk does not want to receive confidential or proprietary information from any user through its web sites. Should you provide Racehawk or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Web Site, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of Racehawk and you agree that all intellectual property rights therein are transferred to Racehawk. Racehawk assumes no obligation to protect such information from disclosure. The submission of such information to Racehawk shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Racehawk for any purpose whatsoever and Racehawk shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. Racehawk cannot prevent the “harvesting” of information from this Web Site, and a user may be contacted by Racehawk or unrelated third parties by e-mail or otherwise, within or outside of this Web Site. In addition, while there is no limitation on how a user’s information may be used, Racehawk may use your IP address to help diagnose problems with its server and administer this Web Site, or to help identify you and to gather broad demographic information.

The Racehawk Web Site contains links to other web sites on the Internet. Racehawk is not responsible for and does not endorse the content, products, services or privacy practices of any third party web sites, including, without limitation, Event Sponsor sites, sites framed within the Racehawk Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Further, a reference on the Racehawk Web Site to any products, events, services, processes, hypertext links to third parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply Racehawk’s endorsement, sponsorship or recommendation. Product, event and service information are solely the responsibility of each individual Event Sponsor or other vendor and Racehawk does not make any representations regarding the quality, content or accuracy of such information or provide any warranties as to such parties’ products, trademarks, trade names or trade dress.

ACCOUNTS, SECURITY, PASSWORDS

If a particular Web Site feature requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Racehawk immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Web Site. Racehawk is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

VOUCHERS

All vouchers printed from the Site or any Microsite, or any other website associated with Racehawk (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through Racehawk to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through Racehawk, you make an offer to purchase the Vouchers you have selected on the terms and conditions provided for each offer. The Voucher you purchase through Racehawk is redeemable for goods or services by the Merchant. The Merchant, not Racehawk, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase.

COMPLIANCE

The owner of this Web Site is based in the State of Florida, USA. Except as explicitly stated otherwise on this Web Site, Racehawk makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws. By using and/or downloading any materials from this Web Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

INDEPENDENT CONTRACTORS

You and Racehawk are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to created by these Terms of Use or by your access to or use of this Web Site.

GOVERNING LAW; JURISDICTION

The posting of this Web Site on the World Wide Web is a passive activity in itself. Access to this Web Site by persons in any jurisdiction does not imply that Racehawk intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that Racehawk invokes the benefits and protections of the law of such jurisdiction. This Web Site was developed in the United States of America in accordance with, and shall be governed by, and your use of this Web Site shall be deemed acceptance of, the laws of the State of Florida and the United States of America. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Racehawk Web Site shall be in the state or federal courts located in Tampa, Florida. You agree to submit to the jurisdiction of such courts. Notwithstanding the foregoing, this Web Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Racehawk intends to make such products and services available in such countries.

SUB-DOMAINS

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

MISCELLANEOUS

By accessing or using this Web Site, you consent to receiving electronic communications from Racehawk. These communications may include notices about your account and information concerning or related to this Web Site. You agree that any notices, agreements, disclosures, or other communications that Racehawk sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be modified to the minimum extent necessary to reflect, as nearly as possible, the original intentions of the parties and the other provisions of these Terms of Use shall remain in full force and effect. Racehawk’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of such provision. Neither a course of dealing or conduct between you and Racehawk nor any trade practices shall be deemed to modify these Terms of Use. These Terms of Use, including all terms, policies, and guidelines referenced in these Terms of Use, is the entire agreement between you and Racehawk concerning this Web Site. Any provisions in these Terms of Use that by their nature should survive the termination of these Terms of Use (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of these Terms of Use. These Terms of Use supersede all prior agreements or communications between you and Racehawk regarding the subject matter of these Terms of Use.