1.0 Description of Pivotal Racing
Through its software and website, Pivotal Racing provides the ability for Race Track Owners and/or Racing Event Promoters (“Promoter(s)”) to post competition and racing events, practice sessions, race schools, training, expos and other types of events to the Site for the sale of admission and/or event participation registration. Promoters may post information about their facility or venue location at which an event may take place, and define tickets and event competition classes with prices for online purchase. Attendees and Participants of events (“Buyers”) may use the site to purchase tickets for event access and register themselves or others to compete or participate in the event.
All of these services, including but not limited to any updates, enhancements, and new features, are subject to the Terms of Service.
2.0 Use of the Services
Except only as expressly provided herein,
you shall not, and shall not permit anyone else to, directly or indirectly:
(a) download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, site content, or services obtained from the information provided on the Pivotal Racing site;
(b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Software or Services;
(c) rent, lease, resell, distribute or use the Services for any purpose not provided herein, with the exception of the limited commercial purpose of selling online event registration and ticketing as a Promoter authorized to create these events;
(d) remove or alter any proprietary notices or labels on or in the Services or Site;
(e) engage in any activity that interferes with or disrupts the Services;
(f) create a false identity or provide false information in your account profile or any part of your account for any reason;
(g) create additional accounts, by automated or any other means, that are not intended for the explicit use by your organization for selling online event registration and ticketing;
(h) use the Services for any unsolicited messages to users, chain letters, junk email, spam, or reasons not connected to selling tickets or online registration to your events;
(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(j) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
(k) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
(l) use any material or information, including images or photographs, which are made available through our website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(m) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Services, or another's computer or property of another;
(n) not harvest or otherwise collect information about others, including e-mail addresses that were not provided as a result of actions related to registering for your events or opt-in requests to receive communications from you or thru the system on your behalf;
(o) attempt to gain unauthorized access to any service, other accounts, computer systems or networks connected to any Pivotal Racing server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our services;
(p) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Pivotal Racing users, events, or other user or usage information or any portion thereof;
(q) Create an event on the system with pricing set to free or that is not representative of fees that you intend to collect paid registration for at the event or thru other means or entities;
(r) facilitate gambling, gaming, raffles, lotteries, or sweepstakes;
(s) Violate any applicable laws or regulations;
2.1 Promoter Use of Site
All rights not expressly granted to you in this Terms of Service, including ownership and title, are reserved for the owner and not transferred or licensed to you.
Pivotal Racing grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating a profile that represents your facilities or venues and creating events with respect to, and promoting, managing, tracking, and collecting Event Registration Fees, Tickets, or vouchers for an event that you have registered on the Site in compliance with the Terms of Service and all applicable laws and regulations. Promoters may be subject to review at any time by Pivotal Racing, its affiliates or chosen contractors to: ensure valid information has been entered accurately representing you and your organization, Promoter is authorized to accept payment for listed Facilities, Venues and Events. Pivotal Racing may at its sole discretion prohibit Promoters from enabling registration or collecting payments until the Promoter’s account is approved, or limit system functionality while or if the account is under review. Pivotal Racing may choose to allow events and venues to publish to the system in public view during this period without the ability to collect and process payments.
3.0 Site Content
3.1 Protected content
You acknowledge that all material created by Pivotal Racing including without limitation, information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Pivotal Racing in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.
Except as expressly authorized by Pivotal Racing in writing, you agree not to sell, license, rent, modify, distribute, copy, scrape from the Site, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Site Content may be owned by Pivotal Racing or made available by third parties to Pivotal Racing. You shall use the Site Content only as permitted by this Terms of Service. Any rights not expressly granted herein are reserved.
3.2 Uploaded Content
You acknowledge and agree that if you contribute, provide, post, upload, e-mail, input, submit, or or make available any Content to the Site (“Submissions”), you hereby grant to Pivotal Racing a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your Submissions, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of your Submissions.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your Submissions
(i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party,
(ii) does not involve gambling, gaming, sweepstakes
(iii) complies with all applicable laws and regulations (foreign and domestic).
In addition, if you are a Promoter, events must be accurately and truthfully described when Promoter submits event information to the Site. If Pivotal Racing determines, in its sole discretion, that Promoter misrepresented an event or otherwise does not comply with this Terms of Service, Pivotal Racing will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Buyers.
Pivotal Racing reserves the right to remove any Submissions from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to your Submissions) or no reason.
In addition, you agree that Pivotal Racing may use your name, photo, and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Pivotal Racing both on the Site and in marketing and promotional materials.
By participating in any events entered through Pivotal Racing, you hereby agree to grant Pivotal Racing the right to take photographs of you. You hereby acknowledge and agree that Pivotal Racing may use to its benefit any such photographs, in any manner, without restriction of any kind, and without the necessity of acknowledging your identity or by identifying you other than with your real name. No compensation will be paid to you with respect to such photographs. For the purposes of the release in this Terms of Service, any such Photographs shall be considered Submissions.
3.4 Submissions Release
You hereby release and hold Pivotal Racing harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to Submissions or the use and exploitation of the Submissions by Pivotal Racing, including but not limited to invasion of privacy, violation of moral right, defamation, false light and all other potential legal theories of any nature or any type under state and federal or local common-law rule regulation or court order, whether now known available or whether later developed discovered or created. This release is given without the promise of compensation.
4.0 Account Registration and Access, Security
To access the functionality of the site, you agree to provide current, complete and accurate information as prompted by the applicable registration form and keep such data true, accurate, and current. You are responsible for maintaining the confidentiality of your account password and may not share your account with other persons and are responsible for all activities that occur under your account. You agree to notify Pivotal Racing of any unauthorized use of your account or breach in security.
Pivotal Racing will not be liable for any loss that you may incur as a result of another persons use of your account, either with or without your consent. You may be held liable for losses that occur to Pivotal Racing or another party due to improper use of the Site, or for another person’s actions using your account.
If you provide any information that is incomplete, inaccurate, untrue or not current, or if Pivotal Racing has reasonable grounds to suspect that you have done so, Pivotal Racing may suspend or terminate all of your accounts or access to your accounts and may refuse any future use of the Site or Software.
6.0 Payment Processing
All sales, fees, charges, and funds are payable in U.S. Dollars.
When a Promoter publishes an event, the event is opened up to online registration and payment processing. Payment processing occurs through Pivotal Racing and its online payment gateway. Pivotal Racing collects all Registration Fees, Ticket fees, and fees for other Promoter defined tickets and registrations (“Promoter Fees”) directly from Users. Pivotal Racing registration fees and/or handling and credit card processing fees are added to the User’s total payment at the time of checkout and collected by Pivotal Racing. All Promoter Fees are passed to the Promoter within seven (7) business days after the end of the online registration deadline as set by the Promoter (either by mailing a check or through an electronic funds transfer). Pivotal Racing will wait two (2) business days after the end of onilne registration deadline to begin processing any payments to allow for any disputes.
Pivotal Racing reserves the right to withhold funds at any time Pivotal Racing determines necessary for the processing and settlement of disputed charges, chargebacks, complaints, allegations of fraud, or otherwise permitted by the Terms of Service.
Promoter agrees that all event fees for any event registered to the Site are earned by the Promoter only after the event registration deadline has passed and any event fees due to the Promoter will be net of all Pivotal Racing Service and Processing Fees, disputed charges, chargebacks, and other deductions whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise.
Pivotal Racing reserves the right to, temporarily or permanently, withhold the payouts due to Promoter if Pivotal Racing determines that the event fees have or may have been generated as the result of fraudulent activity, in violation of this Terms of Service, or in violation of applicable laws.
7.0 Cancelled Events
In the case where a Promoter cancels an event in the system or removes an event from public view that has taken payments from Buyers, Pivotal Racing may withhold any funds collected while the event was published and available for payment.
Pivotal Racing, in its sole discretion, reserves the right to return all event related fees purchased to the respective buyers, or require the promoter to return all purchased funds to buyers via the Site or directly to racers for cancelled events within (30) thirty days.
If a significant number of events are cancelled by a Promoter, as determined by Pivotal Racing, in its sole discretion, Pivotal Racing may suspend or cancel Promoters account.
Pivotal Racing does not process refunds. All sales are final.
If a Buyer desires to request a refund, Buyer must request the refund from the Promoter directly. If a Promoter believes a Buyer is due a refund for any reason, Promoters are responsible for processing any refunds directly to Buyers. Pivotal Racing will not be responsible for refunding its Service Fees or Processing Fees under any circumstances.
All disputes and communication regarding refunds are to be handled between the Promoter and the Buyer. Pivotal Racing is not responsible or liable for refunds, or errors in issuing funds, and Promoter and Buyer agrees to indemnify Privotal Racing and its affiliates of liability in connection with refunds.
If Pivotal Racing receives a significant number of complaints regarding any event created by the Promoter, or if Pivotal Racing determines the Promoter has made misrepresentations, or engaged in any fraudulent activity, as determined by Pivotal Racing in its sole discretion, Pivotal Racing may force suspend the online event sales, and/or the Promoter’s account, and force a refund to all Buyers, and the Promoter will be responsible for paying any such amount of refunds plus any applicable processing fees to Pivotal Racing.
Pivotal Racing will not be responsible or liable in any way for chargebacks in connection with a Buyer's use of the Services. Any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Promoter of such event.
If Pivotal Racing receives significant number of complaints or Buyers notifies Pivotal Racing that refunds have not been received, or Pivotal Racing may reasonably expect to lose a chargeback for any reason, Pivotal Racing, in its sole discretion, may issue a refund to the Buyer, and the Promoter shall be responsible to pay the amount owed, plus any applicable processing fees to Pivotal Racing. Pivotal Racing may withhold payments to promoter for any other event in the system to cover any chargebacks in connection with Promoter account.
Pivotal Racing collects Promoter Fees directly from Buyers and includes a service charges and/or Handling or Processing Fee in the total payment amount due from the Buyer based on quantity and/or value of the Promoter Fees. The Promoter has no claim to any fees charged by Pivotal Racing and the Payout amount due to the Promoter is calculated based solely on the fees created by the Promoter for that event. Invoices may be sent to Promoter detailing payout amounts and fees collected or applied to Buyers or any monies due to or from Promoter via the Pivotal Racing system, email, or other electronic means, or via mail. Payments due from Promoter are to be paid within 10 days. Pivotal Racing may deduct monies due or issue payments to Promoter by electronic transmission from the account on file with Pivotal Racing.
11.0 Purchase Confirmation
Upon receipt of credit card authorization for the purchase of an event related ticket or voucher, Pivotal Racing issues a confirmation message, and confirmation email along with tickets purchased with a unique purchase confirmation number. Physical tickets are not issued. Promoter agrees to accept and fulfill all commitments that have been confirmed by Pivotal Racing in relation to any events you publish on the Site.
Promoters are responsible for, (and you hereby indemnify Pivotal Racing and its affiliates against), all taxes associated with the sales of any event related fees. Pivotal Racing will not withold any sales or other taxes on Promoter’s behalf.
13.0 Suspension and Termination of Service
Pivotal Racing reserves the right to modify, suspend, or terminate your access to any or all of the Services at any time, for any reason with or without notice. Pivotal Racing may remove and discard any and all of your Content within the Site, at any time if it believes believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service or for any reason or no reason, without limitation. You agree that Pivotal Racing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. All provisions of this Terms of Service that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
Pivotal Racing reserves the right at all times to disclose any information as Pivotal Racing deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pivotal Racing's sole discretion.
14.0 Links to Third Party Websites
Pivotal Racing or third parties may create links to other websites that allow you to leave Pivotal Racing. Pivotal Racing does not control these linked sites and is not responsible for or liable for the contents or updates to any linked site or link contained in a linked site. The inclusion of any link does not imply endorsement by Pivotal Racing.
The trademarks, service marks, and logos of Pivotal Racing are registered and unregistered trademarks or service marks of Pivotal Racing. The use of Pivotal Racing’s software or services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Pivotal Racing without the prior written consent of Pivotal Racing specific for each such use. The Trademarks and service marks may not be used to disparage Pivotal Racing.
16.0 Disclaimer of Warranties
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PIVOTAL RACING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE MAY INCLUDE INACCURACIES OR ERRORS. PIVOTAL RACING AND/OR ITS PARTNERS OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PIVOTAL RACING AND/OR ITS PARTNERS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. PIVOTAL RACING HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. PIVOTAL RACING MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
PIVOTAL RACING IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-PROMOTER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND PIVOTAL RACING WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED ABOVE.
YOU ACKNOWLEDGE THAT PIVOTAL RACING DOES NOT CONTROL, REGULATE OR SANCTION, AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ON THE SITE. YOU ACKNOWLEDGE THAT PIVOTAL RACING DOES NOT GUARANTEE THE ACCURACY OF ANY USERS’ CONTENT OR THE ABILITY OF ANY PROMOTER OR ORGANIZER TO FULFILL, PERFORM OR COMPLETE AN EVENT OR TRANSACTION. PIVOTAL RACING HAS NO AGENT OR EMPLOYMENT RELATIONSHIP OR AFFILIATION WITH ANY PROMOTER, ORGANIZER, OR THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SITE AND PIVOTAL RACING HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH USER OR THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of ANY users, and/or third parties in connection with the Site or any Services to PIVOTAL RACING. PIVOTAL RACING, in its sole discretion, may investigate the claim and take necessary action.
17.0 Liability Disclaimer
You agree to defend, indemnify and hold PIVOTAL RACING, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND/OR REPRESENTATIVES, AFFILIATES, AND PARTNERS FROM any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; your or any of your affiliates’, or any of your or your affiliates’ officers’, directors’, agents’ or employees’, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this Terms of Service. Pivotal Racing’s failure or delay in providing notice to you of any such claim shall not limit your obligations hereunder and you agree to cooperate with all reasonable requests in assisting Pivotal Racing in defense of any such matter.
IN CONSIDERATION FOR BEING PERMITTED TO ACCESS AND USE THE SITE AND THE SERVICES, YOU HEREBY EXPRESSLY AGREE TO RELEASE, WAIVE AND DISCHARGE FOR YOURSELF, HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS, PIVOTAL RACING, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND/OR REPRESENTATIVES, AFFILIATES, AND PARTNERS FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER PROMOTERS, BUYERS, AND OTHER NON-PROMOTERS) IN CONNECTION WITH THE SITE AND THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
20.1 Entire Agreement
This Terms of Service constitutes the entire agreement between you and Pivotal Racing and governs your use of the Services and supersedes any discussions or other agreements between you and Pivotal Racing.
21.0 Choice of Law
This Terms of Service and the provision of the Site and Services to you are governed by the laws of the state of Florida, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within Florida by Florida residents.
Titles in this Terms of Service are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail to the address in Pivotal Racing’s records. Pivotal Racing may also provide notices of changes to the Terms of Service by displaying messages or links to messages and notices to you on the Site. Any notice from you to us shall be sent in writing to our mailing address at Pivotal Racing, LLC. 200 2nd Ave S, Ste 221, St Petersburg, FL, USA, Attn: Corporate Counsel.
Please report any violations of this Terms of Service by email to firstname.lastname@example.org