Terms of Use

TERMS AND CONDITIONS

These terms and conditions apply to all websites, apps, products, services and content, provided by, operated by and/or hosted by Cavaho L.L.C dba MyRacePass and its affiliates (collectively “MRP” , "Sprint Source" , "MRP Digital Ads" and “MRP’s Products and Services”).

Whether you are simply browsing, creating or using an account, by posting any content and/or purchasing products or services from MRP, your use of this site or app signifies that you have read, understand, acknowledge and agree to be bound by these Terms and Conditions.

This site is protected by United States, individual state and international copyright, trademark and trade secret laws. All rights reserved. Certain features of the website may only be accessible by registered users of the website.

Eligibility

Participation in MRP’s Products and Services is void where prohibited. MRP’s Products and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By participating, you represent and warrant that you are 18 or older, and that you agree to and will abide by all of these Terms and Conditions.

MRP Subscriptions

By signing up for a MRP Subscription, you agree that your credit card will be automatically charged the monthly or yearly service fee. Your MRP Subscription account may be cancelled by you at any time. If a trial period is offered, your card will not be charged until the trial period expires. Prices and availability are subject to change.

Account

In order to access some of the features of MRP’s Products and Services, you will have to create an account. You represent and warrant to MRP that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your login, password, payment method(s) and API access key. You must notify MRP immediately of any breach of security or unauthorized use of your account. MRP will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss MRP or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person. In the event that you are found to have shared your login credentials with another party, your account may be immediately terminated.

Refunds or Returns

Once a purchase of services has been made, there will be no refunds. There is a zero return policy with MRP. If you are ordering a monthly subscription, you are able to cancel your monthly account anytime, located in the account settings > billing, of your account.

Contests, Drawings, and Affiliates

From time to time, MRP may run promotional drawings including but not limited to free products, product discounts, and other incentives. In order to remain eligible to win, you must be a current MRP Pro member unless otherwise stated. By signing up for MRP Pro you are automatically eligible to receive discounts and be entered into drawings - in doing so, MRP may share your information with Promotional Affiliates on a limited basis.

Copyrights and Trademarks

All MRP created or supplied website design, text, graphics, logos, button icons, audio and video clips, the selection and arrangement thereof, pricing and financial information, data, and all software, including its content management system, is the exclusive property of MRP or its content suppliers, Copyright © 2017, MYRACEPASS ALL RIGHTS RESERVED. All access to MRP’s Products and Services is provided subject to a limited, non-exclusive license.
Permission is granted to electronically copy and to print in hard copy portions of MRP’s website for personal, non-commercial purposes including reviewing information therein, for understanding and/or using the products and services of MRP or for using this website as a resource for use of MRP’s products or services. Permission is also granted to download, reproduce and distribute the images of MRP’s products and services for the purpose of promoting MRP’s products and services. The permissions granted herein are subject to and contingent upon your agreement not to state or imply any affiliation, association, sponsorship, license or other relationship between yourself and MRP other than what may truthfully exist; and your agreement not to libel, disparage, tarnish or otherwise harm the goodwill and reputation of MRP or to use MRP’s images for illegal purposes, for immoral purposes, to violate any regulation, for any sexually explicit purpose or to violate or infringe the rights of any third party. These permissions do not apply to individualized driver, track, series, business or other individualized customer websites or webpages hosted by MRP.

Any other use of materials or information on any MRP website – including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of MRP, is strictly prohibited.

Except as noted in context or herein, all trademarks, service marks, trade dress, product names and company names or logos cited herein are the property of MRP with ALL RIGHTS RESERVED.

Personal Information

In providing MRP’s Products and Services, MRP may collect and use certain “Personal Information” such as your name, contact information, address, telephone number, account information, and credit card, debit card or billing information. This Personal Information may be used to provide you products and services, to communicate with you, and to improve our offerings of products and services. We do not share personal information that we collect with companies, organizations and individuals outside of MRP and its affiliates unless one of the following circumstances applies:

• With your consent. We may share personal information with companies, organizations or individuals outside of MRP when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

• For external processing. We may provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

• For legal reasons. We may share personal information with companies, organizations or individuals outside of MRP if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
• comply with any applicable law, regulation, legal process or enforceable governmental request.
• enforce applicable terms and conditions, including investigation of potential violations.
• detect, prevent, or otherwise address fraud, security or technical issues.
• protect against harm to the rights, property or safety of MRP, our users or the public as required or permitted by law.

We may use and share non-personally identifiable information publicly and with our partners – like publishers, advertisers, connected sites or analytic companies. For example, we may share information publicly to improve our offerings of products and services and to show trends about the general use of our services.

Any posting of personal information, such as your name and contact information, by you in a public forum, such as on a MRP website or your own or third party website or webpage constitutes a waiver of any confidentiality with respect to that personal information. MRP does not monitor content posted by you or third parties which may contain personal information.

Public Information

A MRP Products or Service may allow you to voluntarily publish and share, or have published, content and information on your own individualized website or webpage or on third party websites or webpages. This content may include public data about you, such as racing results and statistics, obtained from third party sources. Public Information may include your public profile, text, photos, videos, biography information, racing history and results, race schedule, racing stats, news, recognition of crews or sponsors, links, reviews, critiques, editorials, testimonials, commentary, forum or blog discussions or similar type submissions via posting, email, messaging or other communication means ("Public Information"). MRP treats all information published by you or others to its website and/or its hosted websites and webpages as Public Information. Any material you place on your own or third party websites or webpages, or public data about you obtained from third party sources, shall be treated as Public Information and you hereby waive any claim to confidentiality.

Confidential and/or private or personal information should not be published on your own or third party websites or webpages. Please exercise caution when voluntarily disclosing any information.

When you use third-party apps, websites or other services that use, or are integrated with MRP’s Products and Services (e.g. Facebook, PayPal), they may receive information that you voluntarily publish or agree to share with them. In addition, when you download or use such third-party services, they may access your public profile, content and information you agree to share. Information collected by these apps, websites or integrated services is subject to their own terms and policies.

Software that is utilized by the clients of MRP contains user generated data, including, but not limited to, race schedules, driver information, race results, live timing data, news releases, photos, videos, contact information, and general text content shall be treated as Public Information and you hereby waive any claim of ownership.

Limitations

When using MRP’s Products and Services, you may not post material that: contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, bullying, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity. As a non-limited list of examples, it a violation of this policy to provide any content or communication which:
• violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
• unfairly interferes with any third party's uninterrupted use and enjoyment of this site.
• advertises, promotes or offers to trade any products or services, except in areas specifically designated for such purpose.
• uploads copyrighted or other proprietary material of any kind on this site without the express permission of the owner of that material.
• includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
• uploads or transmits viruses or other harmful, disruptive or destructive files.
• disrupts, interferes with, denies service to or otherwise harms or violates the security of this site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through MRP or affiliated or linked sites, "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

We reserve the right to remove all or any portion of any entry or any other content that does not comply with the above at our sole discretion. In the case of an egregious or repeat offender, MRP reserves the right to suspend or terminate the offender's account or access to the MRP system.

You represent and warrant that you own, have the right to use or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that its disclosure and use will not cause injury to any person or entity. You hereby agree to defend, indemnify and hold harmless MRP, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any claims by third-parties based on any content you provide.

You grant MRP, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable worldwide right and license to use, copy, modify, display, perform, archive, store, distribute, reproduce and create derivative works from Public Information, in any form, media, software or technology of any kind now existing or developed in the future. You also grant MRP and its affiliates and related entities the right to use your name and any other information about you that you provide as Public Information in connection with the use, reproduction or distribution of such material. You hereby grant MRP the right to use any material, information, ideas, concepts, know-how or techniques contained in any public communication you send to us for any purpose whatsoever. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
You agree that MRP has the right and permission to use your name, voice, image, likeness, and content in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about MRP and MRP’s business.

Changes

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our website to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at our website periodically.

Third Party Statements

MRP is not responsible for third party statements. Reviews, critiques, editorials, commentary, forum or blog discussions or similar type statements posted by third parties are not intended to imply sponsorship, adoption, belief or endorsement of them by MRP.

Links

As a courtesy, MRP’s Products and Services may include external links to other sites of possible interest. You may access these sites directly or through this site. MRP is not responsible for the content in other sites, and links from MRP to other sites are not intended to imply endorsement of them by MRP.

MRP grants permission for third parties to post links to the home page of MRP’s website for the purposes of promoting MRP’s products and services and for referring people to MRP’s website. Deep-linking to pages of MRP’s website and framing content from MRP’s website is prohibited.

Third Party Rights Policy

MRP respects the rights of third parties. In the event that a third party believes that content used on or with MRP’s Products and Services violates that party’s copyright or trademark rights, the following policy applies:

(1) The complaining party should provide a notice to MRP informing MRP of the asserted violations. To be effective, a "Notice" must be a written communication to MRP’s agent which includes the following:
a) identification of the work or rights alleged to be infringed;
b) identification of the material claimed to be infringing or which is the subject of the violation and identifying information for the party allegedly committing the violation;
c) the complaining party’s contact information, including a complete name, address, telephone and e-mail address;
d) a statement under penalty of perjury that the complaining party has a good faith belief that use of the material is unauthorized, that the information in the Notice is accurate and, that the complaining party is authorized to act on behalf of the owner; and
e) a physical or electronic signature of a person authorized to act on behalf of the complaining party.

Notices should be sent to the Agent using the contact information provided below.

(2) Upon receipt of a sufficient Notice, MRP will review the Notice, will notify the party
allegedly committing the violation and will temporarily remove or disable the allegedly violative material. MRP reserves the right to terminate the account of repeat offenders.

(3) MRP will provide the allegedly violating party an opportunity for 10 business days to provide a Counter-Notice defending the allegedly violating material and will forward any Counter-Notice to the complaining party.

(4) Upon receipt of a Counter-Notice, MRP may at its option restore the removed or disabled material in no less than 10 business days unless the complaining party notifies MRP that it has sought a court order for injunctive relief.

Disclaimer and Limitation of Liability

MRP makes every effort to provide helpful information and to keep all data accurate and up to date, but makes no warranties or representations regarding the data. Users agree that all access and use of this MRP’s Products and Services and externally linked pages, are at the user's own risk. MRP IS PROVIDING MRP’S PRODUCTS AND SERVICES AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO MRP’S PRODUCTS AND SERVICES OR ITS CONTENTS. MRP DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MRP DOES NOT WARRANT THAT USE OF MRP’S PRODUCTS AND SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE MRP’S PRODUCTS AND SERVICES OR ANY MATERIALS ARE FREE OF BUGS, VIRUSES OR ERRORS OR THAT ALL DEFECTS WILL BE CORRECTED. IN ADDITION, MRP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA MRP’S PRODUCTS AND SERVICES IS ACCURATE, COMPLETE OR CURRENT.

IN NO EVENT SHALL MRP OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH MRP’S PRODUCTS AND SERVICES (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT MRP MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL MRP’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Cookies

View Privacy Policy for information on Cookies

Misuse Of Site

MRP reserves the right in its sole discretion to refuse service, to edit or remove information, to suspend or terminate accounts and/or limit access to MRP’s Products and Services if it believes your actions violate the policies for use, constitutes misuse or abuse, provides inappropriate content, violates any rights of others, violates the law or is harmful to the interests of MRP.

Consent

In addition to all applicable laws, your use of this website constitutes your consent to the above terms and conditions of use. MRP may update this policy from time to time. Your continued use of the website constitutes your consent to the updated policy.

Disputes Between Users

As a condition of access to the MRP’s Products and Services, you release MRP (and MRP’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more other MRP users; including, without limitation, any claim that another user infringes upon your Intellectual Property Rights. You further understand and agree that: (a) MRP will have the right but not the obligation to resolve disputes between users relating to the MRP’s products and services, and MRP’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent MRP elects to resolve such disputes, it will do so in good faith based solely on its general rules and standards and will not make judgments regarding legal issues or claims; (c) MRP’s resolution of such disputes will be final with respect to the MRP’s products and services, (d) you hereby release MRP (and MRP’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with MRP’s resolution of disputes relating to MRP’s products and services.

Applicable Law

This site is provided in accordance with the laws of the United States and the State of Nebraska. By using MRP’s Products and Services you consent to this exclusive choice of law and to exclusive jurisdiction and venue for any disputes related to the website in the federal and/or state courts located in or whose jurisdiction covers Lincoln, Nebraska.

MyRacePass Contact Information

Cavaho, LLC
PO Box 81666
Lincoln, NE 68501
402-302-2464
contact@MyRacePass.com