Youth Racers of America, Inc.
Terms of Use

Last Modified: May 1, 2020

Youth Racers of America, Inc. is a tax-exempt organization described in Section 501(c)(3) of the Internal Revenue Code, as amended.  You agree to use this Website only in a manner consistent with and in furtherance of Youth Racers of America’s charitable and exempt purposes.  You will not use this Website in a manner inconsistent with Internal Revenue Code Section 501(c)(3) or 170(c)(1).

1. Acceptance of the Terms of Use.

Youth Racers of America, Inc. (“YRA”, “we” or “us”) maintains the website www.youthracersofamerica.com, including any content, functionality and services offered on or through the website (the or our “Website”).  The following terms and conditions (“Terms of Use”) govern your access to and use of the Website as well as any YRA membership service (the “Service”) which may be accessed through your Internet web browser (including all related documentation, the Website, the Service, collectively the “Platform”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform.  By using the Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use the Platform.

Our Platform is offered and available to users who are 16 years of age or older or have affirmative consent from their parent or guardian.  If you are agreeing to be bound by this Agreement on behalf of your employer or another entity, you must have the full legal authority to bind your employer or such entity to this Agreement.  By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Platform.

1. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion.  Changes are effective immediately when we post them, and apply to all access and use of the Platform, but are not retroactive.  Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes.  You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Platform if you do not want to agree to the revised Terms of Use.

1. Acceptance of Privacy Policy.

All information we collect on the Platform is subject to our Privacy Policy.  By using the Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy.  If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

Our Platform is hosted in the United States and our services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms.  If you are a user accessing our Platform or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consent to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.

1. Platform Services.

1. From time to time, we may send you notifications, which may provide news; alert you to certain benefits or upcoming Events, videos, or merchandise; or confirm certain transactions. 
2. Our Platform may include [Description of services provided].  Our Platform may also include other methods to allow you to follow along with live events and receive updates regarding the event while the event is ongoing.  Additionally, our Platform may also provide news and commentary related to our Content.
3. As a paid member of our Platform, you agree to receive email from us regarding our Services and Platform.  We may from time to time send you email messages with information about your use of our Platform.  You may opt-out from receiving our newsletter by emailing contact@youthracersofamerica.com or selecting unsubscribe as may be provided in the applicable email correspondence.
4. We reserve the right to alter, suspend or discontinue our Services and Platform or your access to our Platform in whole or in part, at any time and for any reason, without notice.

1. Membership Services and Fees.

Paid Membership to access our Services provided on our Platform is only available to, and may only be used by, individuals who are eighteen (18) years and older or those with express parental consent and who can form legally binding contracts under applicable law.  We may charge upfront fees or monthly recurring fees in connection with your use of the Platform.  In all such cases, we will notify you of the amount of such fees and whether such fees are due on a one-time or recurring basis, before you opt-in to receive such Services.  You understand and agree that all payments received by us in connection with your use of any Services and/or the Platform are non-refundable.

1. Accessing the Platform and Account Security.

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Platform.  You must also ensure that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.  To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information.  You must provide information that is correct, current, and complete.  You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information.  If you permit any other person to use your account, you will be responsible for their activities while using the Platform.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate or you have violated any provision of these Terms of Use.

1. Intellectual Property Rights.

The Platform and its entire contents, features and functionality (including without limitation, all information, text, data, designs, graphics, photos, images, audio, and the selection and arrangement thereof) are owned, controlled, licensed or used with permission by YRA and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law.

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials, and your Web browser may store files that are automatically cached for display enhancement purposes.  Unless otherwise expressly indicated, you must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows that you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we choose to provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not modify copies of any materials from the Platform nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  You must never delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.  You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.  If you wish to make any use of material on the Platform other than that set out in this section, please address your request to:  contact@youthracersofamerica.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Platform or any content on the Platform is being transferred to you, and all rights not expressly granted are reserved by YRA.  Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

1. Trademarks.

[List applicable], and all related names, logos, product and service names, designs and slogans are trademarks of YRA or its affiliates or licensors.  You must not use such marks without the prior written permission of YRA.  All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.

1. Prohibited Uses.

You may use the Platform only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Platform: (1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) To send, receive, upload, download, use or reuse any material that does not comply with the Content Standards set out in these Terms of Use; (4) To transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (5) To impersonate or attempt to impersonate YRA, a YRA employee, another user or any other person or entity; or (6) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or that may harm YRA or users of the Platform or expose them to liability.

Additionally, you agree not to use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform.  Without limitation, you must not: (1) Use any robot, spider or other automatic devices, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (2) Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our written consent; (3) Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or (4) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.

1. User Contributions.

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Platform.

You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in these Terms of Use.  Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Platform, you grant the Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

1. Content Standards.

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

1. • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
   • Promote sexually explicit or pornographic material, or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
   • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
   • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
   • Be likely to deceive any person.
   • Promote any illegal activity, or advocate, promote or assist any unlawful act.
   • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
   • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
   • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising (other than in connection with a publisher’s ordinary course promotion of a book or audiobook featured on the Platform as permitted through the Platform’s Interactive Features).
   • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

1. Monitoring and Enforcement; Termination.

We have the right to take any actions that we consider to be appropriate to ensure that the Platform is operated in an appropriate manner.  We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.  We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.  We may terminate or suspend your access to all or part of the Platform for any reason that we determine to be adequate, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.  YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.

We do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

1. Copyright Infringement.

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.  It is the policy of the Company to terminate the user accounts of repeat infringers.

1. Reliance on Information Posted.

The information presented on or through the Platform is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

1. Changes to the Platform.

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

1. Online Purchases.

The Platform offers users the ability to order certain promotions on the Platform, either as a guest or as a registered user.  YOU MAY NOT ORDER PROMOTIONS FROM THIS PLATFORM (A) IF YOU DO NOT AGREE TO THESE TERMS OF USE, (B) IF YOU ARE AN INDIVIDUAL, IF YOU ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE REQUIRED IN YOUR JURISDICTION TO BE ABLE TO FORM A BINDING CONTRACT WITH COMPANY, (C) IF YOU ARE AN INDIVIDUAL AGREEING TO THESE TERMS OF USE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, IF YOU DO NOT HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS AGREEMENT, OR (D) IF YOU ARE PROHIBITED FROM ACCESSING OR USING THIS PLATFORM OR ANY OF THIS PLATFORM’S CONTENTS OR SERVICES BY APPLICABLE LAW.  By ordering a promotion from this Platform, you represent and warrant that you meet all of the foregoing eligibility requirements, and if you do not meet all of these requirements, you must not order any promotions.

All sales are final and non-cancelable, and all fees once paid are non-refundable.  All payments made for promotions are handled entirely by third-party payment processors and are therefore subject to the terms, conditions, and data security procedures outlined on such third-parties’ websites.  No credit card information will be retained by the Company for any purchases made on or through the Platform. 

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to your promotion of any book or audiobook using the Platform.  By placing an order for a promotion, you represent and warrant that the promotion ordered will be used only in a lawful manner, in accordance with all applicable laws, rules, and regulations, including copyright law.

Through our Platform, users are also able to link to certain third party websites (such as Amazon.com) where they may purchase books, audiobooks, or other goods or services.  We are not responsible for or involved in the transactions that occur on such third party websites and we encourage you to review the terms and conditions applicable on such third party websites.

1. Links to Other Sites.

You may create a link from another site that you own to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.  You may not establish a link from any website that is not owned by you and you may not link to any part of the Platform other than the homepage.  Any website on which you create a link must comply in all respects with these Terms of Use.  We reserve the right to withdraw linking permission without notice.

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Platform may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Platform, send e-mails or other communications with certain content, or links to certain content, on the Platform, or cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.  You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  In addition to the limitations on linking set forth above, you may not cause the Platform or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

1. Geographic Restrictions.

The owner of the Platform is based in the state of Iowa in the United States. We provide the Platform for use only by persons located in the United States.  We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries.  If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

1. Disclaimer of Warranties.

We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

THE PLATFORM, ITS CONTENT AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YRA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  NEITHER YRA NOR ANY PERSON ASSOCIATED WITH YRA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Limitation on Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL YRA AND ITS AFFILIATES, LICENSORS, PARTNERS,  SERVICES PROVIDERS AND OTHER RELATED PERSONS AND ENTITIES, AND ITS AND THEIR RESPECTIVE OFFICERS,  DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Indemnification.

You agree to defend, indemnify and hold harmless YRA and its affiliates, and their licensors, partner, service providers, employees, agents, officers and directors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

1. Governing Law and Jurisdiction.

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of [Iowa] without giving effect to any choice or conflict of law provision or rule (whether of the State of [Iowa] or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

1. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

1. Waiver and Severability.

No waiver by YRA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of YRA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

1. Entire Agreement.

The Terms of Use, our Privacy Policy, and Copyright Policy constitute the sole and entire agreement between you and YRA with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

1. Your Comments and Concerns.

This Platform is operated by Youth Racers of America, Inc., 1701 E Edgewood Ave. #17754 Indianapolis, IN 46227.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to contact@youthracersofamerica.com.