Effective Date: July 19, 2018
(This Policy Remains in Full Effect Until Further Notification)
Racers Who Care, Inc. (hereinafter “RWC”) is a California nonprofit charitable corporation (registered as a foreign corporation in the State of Tennessee), which owns and operates www.racerswhocare.com and iRWC’s Facebook Page, Facebook Group and the RWC Twitter account (the “sites”). RWC operates a life skills outreach to children and teens through the participation of motorsports professionals who inspire children and teens to believe in themselves, to set goals and provide practical guidelines on how to do so, using their own personal career experiences as examples. This program is called “Quick Tips on Winning in Life” and includes visits and to and racer presentations in hospitals, schools detention centers, and kids’ groups. RWC also organizes and hosts field trips to race tracks by children and teens, which include racer presentations and tours to watch teams working on their racing machines.
This Privacy Policy informs visitors (hereinafter “you” or “your”) to its sites of RWC’s policies regarding the collection, use, and disclosure of personal data when you visit our sites and the choices you have associated with that data.
“PERSONAL DATA” is any information that enables RWC to identify you, directly or indirectly, by reference to any identifiers generally provided directly to RWC by you, such as your name, postal address, email address, telephone number, location data, or online identifier, or credit card or bank information if you utilize the Paypal Donation Button.
“USAGE DATA:” Usage Data is data collected automatically by or from computers either generated by visits to the sites or from site infrastructure itself (for example, the duration of a page visit).
RWC may use your Personal or Usage Data to provide and improve its service to you, or to accept charitable donations from you. By visiting RWC’s sites, you agree to the collection and use of information in accordance with this Privacy Policy.
Please read this Privacy Policy carefully. By visiting these sites, you agree to be bound by all of the Privacy Policy set forth below. If you do not accept this Privacy Policy, please do not go to these sites. RWC. may, at its sole discretion, revise this Privacy Policy at any time; therefore, you should visit this Privacy Policy on www.racerswhocare.com periodically.
Presently, RWC seeks to inspire children, teens and young adults to set personal and career goals and to provide practical guidelines on how to reach them effectively. (In the future RWC will create engaging, innovative, family-oriented media which will be featured on these sites.) Presently, however, RWC’s sites are directed toward visitors over the age of 18 and is unaware of any children or teens under the age of 18 visiting RWC’s sites. RWC reserves the right to amend and re-post this Privacy Policy when materials directed to children or teens under the age of 18 are to be uploaded to the sites, so that parents may know that their children are protected pursuant to the governing laws at that time.
Although RWC strives for timeliness and accuracy in all of its materials, RWC makes no representations, warranties, or assurances as to the availability, accuracy, currency, or completeness of its sites or their contents. RWC shall not be liable for any damages or injury resulting from visitor access to, inability to access, or use of its sites, including, without limitation, any damages or injury arising from any links to other sites contained within or referred to on RWC’s sites.
RWC is committed to preserving your right to privacy and does not collect identifying Personal Data about you (such as your name, address, telephone number, or email address) unless you voluntarily submit that information directly to RWC through our Contact Us page, our Let’s Be Friends template, or other means.
DEFINITIONS
“SITES:” Sites means the www.racerswhocare.com websit, the RWC Facebook Page and RWC Facebook Group mobile application and the Twitter account operated by Racers Who Care, Inc.
“PERSONAL DATA:” Personal Data means data about a living individual who can be identified from that data (or from other information either in RWC’s possession or likely to come into RWC’s possession).
“USAGE DATA:” Usage Data is data collected automatically by or from computers either generated by visits to the sites or from site infrastructure itself (for example, the duration of a page visit).
“COOKIES:” Cookies are small pieces of data stored on visitors’ devices (computers or mobile devices).
“DATA CONTROLLER:” Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which, and the manner in which, any Personal Data are, or are to be, processed.
For the purpose of this Privacy Policy, RWC is a Data Controller of your Personal Data.
“DATA PROCESSORS (or Service Providers):” Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. RWC may, from time to time, use the services of various Service Providers in order to process visitor data more effectively.
“DATA SUBJECT (or User):” Data Subject is any living individual who is visiting RWC’s sites and is the subject of Personal Data.
“INFORMATION COLLECTION AND USE:” RWC may collect several different types of information for various purposes to provide and improve its outreach to children and teens.
TYPES OF DATA COLLECTED
“PERSONAL DATA:” While visiting RWC’s sites, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”).
“USAGE DATA:” RWC may also collect Non-Personal Data that your browser automatically sends whenever you visit our sites or when you access the sites by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g.. IP address), browser type, browser version, the pages of RWC’s sites that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access RWC’s sites by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device’s unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
The information collected by cookies allows RWC to statistically monitor how many people are using our sites. We may use cookie information to determine the popularity of certain content and how long visitors stay on the site.
TRACKING & COOKIES DATA
RWC may use cookies (a small file of letters and numbers that may include anonymous identifiers) and similar tracking technologies. These cookies may be stored on visitor devices to distinguish one from other visitors to RWC’s sites and to track the general activity on RWC’s sites. This will assist RWC in analyzing use of its sites so their content and layout may be customized and improved.
By visiting RWC’s sites, or donating to RWC through one of RWC’s sites, you agree that, unless you have set your computer’s browser to reject them, we may place the types cookies set out below on your device and use the collected data in accordance with this Privacy Policy.
You do not have to accept RWC’s cookies in order to productively use our sites You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept RWC’s cookies, you may not be able to visit some portions of RWC’s sites.
EXAMPLES OF COOKIES RWC MAY USE
Session Cookies: RWC may use Session Cookies to operate our sites. Your computer automatically removes session cookies once you close your browser.
Preference Cookies: RWC may use Preference Cookies to remember various settings. These cookies collect information about how the visitor makes use of the site, e.g., which pages are visited most. These cookies do not collect information that identifies the user.
Security Cookies: We use Security Cookies for security purposes.
USE OF DATA
RACERS WHO CARE, INC. USES THE NON-PERSONAL COLLECTED DATA FOR VARIOUS PURPOSES.
When you visit RWC’s sites, RWC may automatically collect certain non-identifying information about you, such as the type of browser or computer operating system you use or the domain name of the site from which you linked to us for the purposes outlined below:
To comply with the law;
To provide and maintain RWCs sites;
To monitor the usage of RWC’s sites;
To detect, prevent and address technical issues;
For internal operations, including data analysis, testing, research, statistical and survey purposes;
To gather analysis or valuable information in order to improve RWC’s sites and measure content effectiveness;
As part of RWC’s efforts to keep our sites safe and secure; and
To allow you to participate in interactive features of RWC’s sites when you choose to do so.
Such persistent identifiers are collected on or through your site or service solely for the purpose of providing “support for the internal operations” of RWC’s sites. In this regard, when you visit RWC’s sites, we may use cookies to record information about:
The areas of the sites you visit;
The amount of time you spend on the sites;
Whether you are new to the sites, or have visited them before;
The country, region, city and/or borough associated with your IP address or device;
How you came to RWC’s sites – for example, through an email link or a search engine;
The type of device and browser you use;
How you use the sites and the quality of your experience – for example we may track your bandwidth while you view videos;
How you interact with our Donation Button and Let’s Be Friends template; and
Any error messages that you receive on RWC’s sites.
Any such automatically collected information may be maintained indefinitely and used for RWC’s internal business purposes, such as assessing traffic patterns and usage of various features on the sites, but your information will not be sold or otherwise disclosed to third parties unless your information must be disclosed if RWC is required to do so by law, or if RWC believes, in good faith, that such a disclosure is necessary to comply with the law, defend its rights or property, or to respond to an emergency situation.
PROCESSING PERSONAL DATA
RACERS WHO CARE, INC. MAY PROCESS YOUR PERSONAL DATA BECAUSE:
We need to perform a contract with you:
We may wish to work with you as a volunteer or racer participant;
You have given us permission to do so;
To notify you about changes to our outreach;
The processing is in our mutual legitimate interests and not overridden by your rights; and
To comply with the law.
RETENTION OF DATA
USAGE DATA:
RWC may collect and retain Non-Personal Data that is sent automatically by your web browser to generate aggregate statistics about visitors to our site, including, without limitation:
IP addresses;
Browser type and plug-in details;
Device type (e.g. Desktop, laptop, tablet, phone, etc.);
Operating system; and
Local time zone.
Racers Who Care, Inc. may also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality RWC’s sites, or we are legally obligated to retain this data for longer time periods.
PERSONAL DATA:
Depending on the type of communication that is generated between you and RWC when you visit RWC’s sites, we may collect and process the following the personal data (particularly if you utilize the Paypal Donation Button on www.racerswhocare.com):
Name
Address
Telephone number
Organization name
Email address
Credit card, or bank, information if you utilize RWC’s Paypal Donation Button.
Racers Who Care, Inc. will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Please check your web browser if you want to learn what information your browser sends or how to change your settings.
We will only process your Personal Data including sharing it with third parties, where: (1) you have provided your consent which can be withdrawn at any time; (2) the processing is necessary for the performance of a contract to which you are a party; (3) we are required to by law; (4) processing is required to protect your vital interests or those of another person; and/or (5) processing is necessary for the purposes of our legitimate business promotional interests, except where such interests are overridden by your rights and interests.
We may also use Personal Data for the following purposes:
To carry out RWC’s obligations arising from your visit to RWC’s sites to provide you with the information that you request from us;
To provide you with information about our work or our activities;
To fundraise or to process donations or sponsorships in accordance with our internal policies and procedures and in accordance with the laws of the States of California and Tennessee;
To organize events and to provide you with information, and other materials, relating to the content of the event, the speakers, sponsors and other attendees;
To provide our press releases;
To respond to your questions and provide any requested material;
To provide you, or permit selected third parties to provide you, with information about events RWC offers and opportunities to participate
To respond to applications to volunteer or participate in an RWC event;
To transfer your information as part of a merger or sale of RWC; and
Where we are required by law to disclose or otherwise use your information.
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Racers Who Care, Inc. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
DISCLOSURE OF DATA
LEGAL REQUIREMENTS
Again, Racers Who Care, Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation;
To protect and defend the rights or property of Racers Who Care, Inc.;
To prevent, or investigate, possible wrongdoing in connection with RWC’s sites;
To protect the personal safety of site visitors or the public; and
To protect against legal liability.
If for any reason you are concerned about the information you, or your minor child (see provisions regarding minor children below), may have provided to RWC or would like to review, update, or delete that information, please contact us at:
Racers Who Care, Inc.
P.O. Box 473
Hohenwald, TN
(323) 375-9225
racerswhocare@gmail.com
RWC will make reasonable efforts to comply with your wishes.
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Data with third parties. If you reside in California and have provided your Personal Data to RWC via one or more of its sites, you may request information about RWC’s disclosures of certain categories of Personal Data to third parties for promotional purposes. Such requests must be submitted to RWC via one of the methods listed above.
SECURITY OF DATA
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“DO NOT TRACK” SIGNALS UNDER CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA):
Do Not Track is a preference you can set in your own web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your own web browser. RWC’s sites do not support “Do Not Track” (“DNT”).
YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR):
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Racers Who Care, Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
IN CERTAIN CIRCUMSTANCES, YOU HAVE THE FOLLOWING DATA PROTECTION RIGHTS:
The right to access, update or to delete the information we have on you.
THE RIGHT OF RECTIFICATION:
You have the right to have your information rectified if that information is inaccurate or incomplete.
THE RIGHT TO OBJECT:
You have the right to object to RWC’s processing of your Personal Data
THE RIGHT OF RESTRICTION:
You have the right to request that we restrict the processing of your Personal Data.
THE RIGHT TO DATA PORTABILITY:
You have the right to be provided with a copy of the information RWC has on you in a structured, machine-readable and commonly used format.
THE RIGHT TO WITHDRAW CONSENT:
You also have the right to withdraw your consent at any time where Racers Who Care, Inc. previously relied on your consent to process your Personal Data.
Please note that we may ask you to verify your identity before responding to such requests.
We may, unless you indicate otherwise, store, edit, and excerpt your comments emailed to RWC through its sites for future use in promotion of RWC, and other similar purposes. In these cases, we will delete any content that would specifically identify you as the writer of the email.
RWC compiles email addresses, obtained via RWC’s sites, which are used for delivering press releases and for occasional contact with site visitors. These addresses are not typically provided to third parties without the email addressee’s specific consent. Site visitors may have their email addresses removed from RWC’s email lists simply by emailing a request to RWC.
Site visitors in the EU have the right to complain to a Data Protection Authority about RWC’s collection and use of Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
SERVICE PROVIDERS
RWC may employ third party companies and individuals to facilitate our sites (“Service Providers”) and to perform site-related services or to assist us in analyzing how our sites are used.
These third parties have access to your Personal Data only to perform these tasks on RWC’s behalf and are obligated to not disclose or use it for any other purpose.
LINKS TO OTHER SITES
RWC has no control over and assumes no responsibility for the content, privacy policies or practices of any third party sites or services. RWC’s sites may contain links to other sites that are not operated by RWC. If you click on a third party link, you will be directed to that third party’s site. We strongly advise that you review the Privacy Policy of every site you visit.
CHILDREN’S PRIVACY
RWC is a nonprofit, charitable corporation which takes children’s privacy very seriously. RWC does not presently address anyone under the age of 18 on its sites and does not solicit or knowingly collect personally identifiable information from anyone under the age of 18, or knowingly allow such persons to provide RWC with their Personal Data without verifiable parent or guardian consent.
If you are under 18, do not send any information about yourself to us, including your name, address, telephone numbers, or email address, unless you have your parents’ or guardians’ permission.
RWC does not sell the Personal Data of children or adults to third parties. In addition to collecting information about visitor use of our website, Facebook Page and/or Facebook Group or RWC’s Twitter account, the only personally identifiable information collected via RWC’s sites are email addresses and/or personal data knowingly provided by site visitors:
If you are a parent or guardian and you are aware that your underage child has provided RWC with Personal Data, please contact us at:
Racers Who Care, Inc.
P.O. Box 473
Hohenwald, TN
(323) 375-9225
racerswhocare@gmail.com
If RWC becomes aware that we have collected Personal Data from children without verification of parental consent, we will take steps to remove that information from our servers.
In accordance with certain state laws, minors under the age of 18 may remove or request and obtain removal of content and information that they post on RWC’s sites.
CHANGES TO THIS PRIVACY POLICY
RWC may update its Privacy Policy from time to time. RWC will notify site visitors of any changes by posting a revised Privacy Policy on this page.
RWC will let visitors know via email and/or a prominent notice on our sites, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
DISCLAIMERS OF WARRANTIES
RWC does not warrant that its sites will operate error-free or that the sites or their servers are free of computer viruses or other harmful material. If your use of RWC’s sites or the sites’ material results in the need for servicing or replacing of equipment or data, RWC shall not be responsible for those costs. The RWC sites and their materials are provided on an “as is” basis without any warranties of any kind. RWC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL RWC, OR ANY THIRD PARTIES MENTIONED IN THE SITES’ CONTENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON RWC’s SITES OR SITES LINKED TO RWC’s SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER RWC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS
RWC’s sites originate from within the United States. RWC does not claim that the content on RWC’s sites are appropriate for, or may be used, outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access RWC’s sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Privacy Policy is governed by the substantive laws of the States of California and Tennessee, with respect to each State’s conflict of laws principles. You agree to submit to the jurisdiction of courts situated in the States of California or Tennessee with respect to any dispute, disagreement, or cause of action related to or involving RWC’s sites. If any provision is found to be invalid by any such court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect. No waiver of any of this Privacy Policy shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in this site, this Privacy Policy constitutes the entire agreement between you, the visitor to RWC’s sites, and RWC, with respect to your visitation to RWC’s sites.
EMAILS CLAIMING TO BE FROM RACERS WHO CARE, INC.
Occasionally, in a scam known as “phishing,” mass emailers may send messages that claim to be from RWC. They may use RWC’s name, logo, or employee email addresses in fraudulent emails through which they attempt to obtain valuable information from RWC’s site visitors. These con artists know that people trust RWC. Thus, they may seek to trick people into believing that they are dealing with a legitimate request from RWC for Personal Data. These fraudulent emails often create a false sense of urgency intended to prompt the recipient to immediately take action.
Racers Who Care, Inc. does not ask for detailed Personal Data from site visitors unless visitors utilize the Paypal Donation Button. If you receive this type of email appearing to be from RWC, you should assume that it is fraudulent and avoid clicking any link within any such email message.
USER SUBMISSIONS
RWC welcomes site visitor comments on its sites and content. However, you acknowledge that if you send creative suggestions, ideas, notes, drawings, concepts, inventions, or other information to RWC via its sites, such information shall be deemed, and shall remain, the property of RWC. By submission of any information to RWC, you assign to RWC and RWC shall exclusively own all now known, or hereafter existing, rights to such information and shall be entitled to unrestricted use of the information for any purpose whatsoever, promotional or otherwise, without compensation to you.
As a user of RWC’s sites, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person
RWC reserves the right to expel users and prevent their further access to RWC’s sites for violating these terms or the law and reserves the right to remove any communications from these sites. The violation of any of the terms and conditions set forth in this Privacy Policy shall result in the immediate revocation of your right to visit and use the sites.
By visiting RWC’s sites, you acknowledge that you have read and understood the processes and policies referred to in this Privacy Policy and consent to our data collection, use, sharing and processing practices as set forth in this Privacy Policy.
CONTACT US
If you have any questions about this Privacy Policy, please contact us at:
racerswhocare@gmail.com.
TERMS AND CONDITIONS
Effective as of July 22, 2018
Please read these Terms and Conditions (hereinafter, “Terms”, “Terms and Conditions”) carefully before using the www.racerswhocare.com website and mobile applications on Facebook (together, or individually, the “Service”) operated by Racers Who Care, Inc. (hereinafter, “RWC”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by the Terms below. If you disagree with any part of the terms then you do not have RWC’s permission to access the Service.
INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are, and will remain, the exclusive property of Racers Who Care, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our logos, trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Racers Who Care, Inc.
LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Racers Who Care, Inc.
Racers Who Care, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Racers Who Care, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
TERMINATION
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Racers Who Care, Inc. and its licensees and licensors, and their employees, contractors, agents, assigns, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service; and/or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall Racers Who Care, Inc., nor its directors, officers, employees, partners, agents, suppliers, affiliates, licensors, contractors, licensees, or assigns be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Racers Who Care, Inc. its directors, officers, employees, partners, agents, licensors, licensees, suppliers, affiliates, and/or assigns do not warrant that: a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
Racers Who Care, Inc. is incorporated in the State of California and is registered as a Foreign Corporation in the State of Tennessee.
RWC’s sites originate from within the United States. RWC does not claim that the content on RWC’s sites are appropriate for, or may be used, outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access RWC’s sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
IN NO EVENT SHALL RWC, OR ANY THIRD PARTIES MENTIONED IN THE SITES’ CONTENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON RWC’s SITES OR SITES LINKED TO RWC’s SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER RWC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
These Terms and Conditions are governed by the substantive laws of the States of California and Tennessee, with respect to each State’s conflict of laws principles. You agree to submit to the jurisdiction of courts situated in the States of California or Tennessee with respect to any dispute, disagreement, or cause of action related to or involving RWC’s sites. If any provision is found to be invalid by any such court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of this Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in this site, these Terms and Conditions constitute the entire agreement between you, the visitor to RWC’s sites, and RWC, with respect to your visitation to RWC’s sites, and regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 60 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
CONTACT US
If you have any questions about these Terms, please contact us at:
Racers Who Care, Inc.
P.O. Box 473
Hohenwald, TN 38462
racerswhocare@gmail.com
323/375-9225
