Youth Racers of America, Inc.
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).
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.
- Platform Services.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
[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.
- Prohibited Uses.
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.
- 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 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.
- 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:
- 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.
- 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.
- Monitoring and Enforcement; Termination.
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.
- 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.
- 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.
- 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.
- Online Purchases.
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.
- Links to Other Sites.
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.
- 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.
- 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.
- 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.
- Governing Law and Jurisdiction.
- Limitation on Time to File Claims.
- Waiver and Severability.
- Entire Agreement.
- 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.