Last Revised: June 30, 2010
RFC shall not be liable for any loss or damage resulting from RFC’s reliance on any instruction, notice, document or communication reasonably believed by RFC to be genuine and originating from an authorized representative of you or your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, RFC reserves the right (but undertakes no duty) to require additional authentication from you.
2. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- You will not impersonate another User or any other person or entity, or submit information on behalf of another User or any other person or entity, without their express prior written consent.
- You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services found at this Site in a manner (as determined by RFC in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding RFC.
- You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by RFC.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access RFC Content (as defined below) through any technology or means other than through this Site itself, or as RFC may designate.
viii. As required by tax law, Racing For Cancer, Inc. will distribute Federal 1099-MISC forms to participants who receive significant incentives as a result of the funds they contribute. The IRS has set this threshold at $600 per calendar year. As a result, your participation in the contest may result in taxable income for you.
RFC reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
3. YOUR USE OF RFC CONTENT & SECURITY
In addition to the general rules above, the following restrictions and conditions apply specifically to your use of RFC Content.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any RFC Content) or enforce limitations on the use of this Site or the Services found at this Site, the RFC Content therein.
4. TRADEMARKS AND/OR COPYRIGHT CLAIMS
RFC supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address listed below immediately.
5. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by RFC. RFC assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, RFC does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release RFC from any and all liability arising from your use of any third-party website. Accordingly, RFC encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. RFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND RFC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY RFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL RFC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) (ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RFC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL RFC’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID OR DONATED BY YOU FOR THE PARTICULAR SERVICES/PRODUCTS THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
9. SUCCESSORS AND ASSIGNS
10. NO THIRD-PARTY BENEFICIARIES
11. U.S. EXPORT LAWS
12. COMPLIANCE WITH LOCAL LAWS
RFC makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
13. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
14. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
15. CONTACT INFORMATION
Other than as described in this Policy, Racing For Cancer, Inc. (hereinafter, “RFC”) will not give any information about you to others without your express permission.
Information Collection and Use
Our web site uses forms in which you give us contact information (including your name, address, telephone number, and email address) so you can place orders, request information and support, and make product suggestions. For certain services, we may also request a credit card number, social security number or tax identification number, or other financial information.
We may use your information to contact you regarding changes to our products/services, our web site, new RFC services, and special campaigns or offers you might find valuable. If you would rather not receive this information, please contact us as to your preference via the Contact Us option on the site.
This site has security measures in place to protect against the loss, misuse or alteration of the information under our control.
Updating Your Information
You may opt out of receiving communications from our partners and us at any time. Simply contact us through the Contact Us section of the site or designate so when using the store an/or donation sections of the site.
We use emails to communicate with you, to confirm your placed orders or donations, and to send information that you have requested. We strive to promptly reply to your messages.
The information you send to us may be stored and used to improve this site and our products, or it may be reviewed and discarded.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.
Third Party Service Providers
We may at times provide information about you to third parties to provide various services on our behalf, such as processing credit card payments, serving advertisements, conducting contests or surveys, shipping of goods or services, and customer relationship management. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, storing or using your personally identifiable information for any secondary purposes.
From time-to-time, we may provide you with the opportunity to participate in contests or surveys. If you choose to participate, we may request certain personally identifiable information from you. Participation in these contests or surveys is completely voluntary and you therefore have a choice whether or not to disclose the requested information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code and age level – note that you must be 18 or above to enter). We use this information to notify contest winners and award prizes, to monitor site traffic, and to personalize our site.
We may use a third party service provider to conduct these surveys or contests. When we do, that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
Changes in Our Practices
If we make material changes to this Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.
Contacting the Web Site
Andretti Autosport, the Andretti Shield Logo, race car livery, driver and crew uniforms, and photos are the trademarks and intellectual property of Andretti Autosport Holding Company and are used here with permission.
© LIVESTRONG, is a registered trademark of the Lance Armstrong Foundation (“LAF”). Use of this trademark and content related to the Lance Armstrong Foundation and/or its website is used with permission. Additional information on the copyright policy of LAF can be found at the following link: http://www.livestrong.org/Terms-of-Use/Copyright-Policy
Racing For Cancer, Inc. Logo Design by KR Design Solutions, LLC. All rights reserved.