Access and Use of RaceMenu Services
RaceMenu is a marketplace which helps event organizers accept entry fees from participants and helps nonprofit organizations accept donations from donors. RaceMenu acts as an agent on behalf of individuals, entities, and nonprofit organizations and facilitates transactions on the racemenu.com website and RaceMenu’s mobile applications.
While we may help resolve disputes between event organizers and registrants, RaceMenu can not guarantee the existence, permission, quality, safety, or legality of events, products, and services offered by organizers and sellers; the truth or accuracy of organizers’ content or details; the ability of organizers to hold and event; the ability of participants to participate in an event; or that an organizer or participant will deliver on any promise or contractual obligation.
Account Registration Requirements and Obligations
Some sections of RaceMenu’s website and mobile applications may be accessed without registering, while other sections, features, and services may only be accessed after you register for a free RaceMenu account. If you are under 13 years of age, you are not authorized to use our services, with or without registering. By registering for a RaceMenu account, you agree to (i) provide truthful, accurate, current, and complete information; (ii) maintain the security of your account by not sharing your password with others and restricting access to your account, computers and devices; (iii) notify RaceMenu if you are aware of or suspect any security breach of your account or our services; and (iv) take full responsibility for all activities that occur via your account and accept all risks of unauthorized access.
Canceled and Postponed Events
Occasionally, events are canceled or postponed for various reasons, including but not limited to: weather events (such as extreme hot or cold temperatures, storms, lightning, wind, snow, rain, floods, fires, earthquakes), government action, power outages, accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of event participants and spectators. If an event is canceled for any reason, there will be no refund of your payment unless authorized and initiated by the event organizer. If you want to request a refund, you must contact the event organizer, not RaceMenu.
Refunds and Chargebacks
Event organizers, not RaceMenu, are solely responsible for refunds of payments collected via RaceMenu, with the exception of over-charges due to an error or omission by RaceMenu. All communications or disputes regarding an event’s refund policy are between the event organizer and event participants. RaceMenu may issue refunds at the sole discretion of the event organizer, but assumes no liability for errors. If a refund is issued, the event organizer is liable to RaceMenu for the full refund amount, including any service fees from the original transaction, as well as any associated refund processing or chargeback fees. Events may be required to maintain a “Refund Reserve” balance prior to the event to ensure financial obligations for potential refunds and chargebacks can be met. Events which have a “No Refunds” policy may be required to maintain a greater reserve balance to handle potential chargebacks. RaceMenu is not responsible for communicating an event’s refund policy, processing refunds, or covering the cost of any chargebacks related to an event. Anyone who contacts their debit/credit card issuer to dispute a charge or seek a “chargeback” for a payment made to RaceMenu risks forfeiture of all existing and future transactions on RaceMenu. Further, other persons associated with a person, account, or debit/credit card related to a dispute or chargeback may, at RaceMenu’s sole discretion, be prohibited from using RaceMenu’s services in the future.
Section 1. Use Restrictions.
The contents posted by the Company on this Site, such as text, graphics, images, and other material ("Materials"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, the laws of privacy and publicity, communications regulations and statutes, and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. The Company authorizes you to view and download a single copy of the Materials on the Site solely for your personal, non-commercial use. All copyright and other proprietary notices contained in the original Materials must be displayed on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other website or in a networked computer environment for any purpose is prohibited. You may not, without the Company's permission, "mirror" any Materials contained in this Site or any other server.
If you violate any of the terms of this Statement, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials.
You may not use this Site for any purpose that is unlawful or prohibited by this Statement. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.
The Company reserves the right, in it sole discretion, to terminate your access to the Site or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.
Section 2. Company's Liability.
The Materials may contain inaccuracies or typographical errors. The Company makes no representation about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Site and the Materials. Your use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time without notice to you.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Limitation of Liability and Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMITTAL OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Section 4. Privacy and Protection of Personal Information.
Section 5. User Submissions.
Section 6. Indemnity.
Section 7. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
Section 8. Link to Other Sites.
The Site may contain links to third-party websites ("Linked Sites"). These links are provided solely as a convenience to you and the inclusion of any link does not imply sponsorship, affiliation, or endorsement by the Company of such Linked Site, or any associations with its operations. The Company is not responsible for the content of any Linked Site and does not make any representations regarding the content or accuracy of materials on such Linked Sites. The Company is not responsible for any transmission received from any Linked Site, nor is the Company responsible if the Linked Site is not working appropriately. If you decide to access a Linked Site, you do so at your own risk.
Section 9. General.
This Site is based in the Commonwealth of Massachusetts, United States of America. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Statement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions as set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of this Statement shall be deemed a further or continuing waiver of such term or any other term. This Statement constitutes the entire agreement between you and the Company with respect to the use of the Site. Any changes to this Statement must be made in writing and signed by an authorized representative of the Company to be binding on the Company. Notwithstanding the foregoing, the Company, at its sole discretion and without notice, may revise this Statement at any time by updating this posting.