Terms of Use

RaceTrade.com Terms of Use

Last updated: 18th June 2023

Welcome to RaceTrade (“Company“, “RaceTrade“, “we“, “our“, “us“)! These Terms of Service (“Terms“, “Terms of Service“, “Terms and Conditions“) govern your use of our web pages located at racetrade.com (“Service“) owned and operated by RaceTrade LLC.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: racetrade.com/privacy-policy/.

The Company provides the Services through our Website. By accessing the Services through the Website, immediately and from your very first access to the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements“). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

The Company reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.

INTERMEDIARY SERVICE
1. RaceTrade is owned and operated by RaceTrade LLC, registered in the state of Delaware.
2. RaceTrade is an online marketplace for Buyers and Sellers to buy, sell race cars, racing vehicles and all related parts and services (the “Item“) to and from each other using our Website.
3. We allow Sellers to use the Service on RaceTrade to list Items for sale to other Users.
4. We are working only as an intermediary once there has been a transaction entered into between Seller and Buyer.
5. If there is any form of agreement between the two parties to sell any Item this is solely between the relevant Seller and Buyer.
6. We have no control over the quality, safety, morality or legality of any aspect of the Items listed, the truth or accuracy of the listings, the ability of customers to pay for Items.
7. We attempt to provide the Service to ensure it is beneficial for both the Seller and Buyer, we cannot be held liable for the conduct of Users.
8. We have a right to remove or request the withdrawal of any Item listed by a Seller, any Request to buy made by a User, or any transaction made between the two parties.
9. If we reasonably believe any Listing, request or transaction does not comply with these Terms, written notice of the removal or request to withdraw will be provided to the parties involved.
10. We do not pre-screen Users or the content or information provided by Users.
11. As an Item Owner, you understand that you will be able to list and describe your Items or products on your Profile.
12. You’re creating a profile and listing your items or products for sales; you represent and warrant that you can safely provide the item on display.
GENERAL UNDERTAKING
1. When you use our Service, you accept that you will not:
  1. breach any applicable laws or regulations that apply;
  2. breach any of the Terms;
  3. post or take any threatening, abusive, defamatory, obscene, inappropriate action or post any indecent material, or material or action that is invasive of another’s privacy (including but not limited to other User and our employees);
  4. share or otherwise upload or communicate any misleading or false information or messages of any kind;
  5. use our Service to intentionally deceive other Users;
  6. use our Service to stalk or otherwise harass another User;
  7. use our Service if we have suspended or banned you from using it.
  8. infringe the Intellectual Property Rights of any third-party;
  9. distribute any viruses or any other technologies that may harm our Service or its Users
  10. interfere with the property working of our Service
  11. copy modify, or distribute any other person’s Content without their consent use any robot, spider, scraper or other automated means to access our Service and/or collect Content or data for any purpose;
  12. collect information about other Users, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent;
  13. copy, modify or distribute rights or Content or collect data from our Service, applications or tools or otherwise infringe RaceTrade’s or Seller’s Intellectual Property Rights;
  14. bypass, disable or attempt to disable any security measures used in connection with our Service;
  15. collect any data (including personal data) from our Service other than in accordance with these Terms and applicable laws;
  16. sell any counterfeit Items or otherwise infringe the copyright, trademark or other rights of third parties;
  17. write and post reviews that are anything other than true and accurate to the best of your knowledge; or
  18. impersonate any person or misrepresent your affiliation with a person or entity.
ELIGIBILITY
1. The Service is only available to users with a RaceTrade Account.
2. Services are provided for residents of the United States (generally defined as “Permitted Users’) who are at or exceed the Minimum Age (as defined below). If you are not a Permitted User, you may not use the Services. If you are under the Minimum Age (as defined below), you may not use the Services. By visiting the Website and using the Services, you represent and warrant that (i) you are a resident of one of the permitted countries and over the Minimum Age (as defined below), and (ii) you are fully able and competent to enter into this Agreement and be bound by its terms, conditions, obligations, affirmations, representations, and warranties. “Minimum Age” is 16 years of age.
3. You must be at least 16 years old, and if you are below the age of 16, you must have obtained the consent of your parent or legal guardian to open a RaceTrade Account and use the Service.
4. The Children’s Online Privacy Protection Act (“COPPA“) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age.
5. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the RaceTrade Services or send us any personal information.
6. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us with personal information, please contact us at support+terms@racetrade.com
ACCEPTANCE
1. We may revise or update this Agreement by posting an amended version through the Services and/or otherwise making a good-faith effort to make you aware of the revisions. Your use of the Services following an update to this Agreement (or another acceptance method) is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Services. Any amendment to this Agreement is effective immediately upon posting.
2. You understand that by sharing information on the Services, and requesting information to be sent through the Services, you may be revealing information about yourself. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
3. You are responsible for controlling the access to and use of your account. Always make sure that your password is kept confidential. You understand and agree that we may assume instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any actions against us arising out of or related to any claimed unauthorized access using your account credentials.
COMMUNICATIONS
1. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
2. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support+terms@racetrade.com.
CONTEST, SWEEPSTAKES, PROMOTIONS
1. Any contests, sweepstakes or other promotions (collectively, “Promotions“) made available through Service may be governed by rules that are separate from these Terms of Service.
2. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
3. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
USE OF THE SERVICE
1. Use of our Service is intended solely for Users.
2. We are under no obligation to accept any individual as a User, and may accept or reject any membership at our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if it is determined that User has violated these Terms.
3. You are permitted to register only one (1) account on our platform.
4. When you use Service as a Seller:
  1. When selling the Item to a Buyer as a Seller, you acknowledge that you are part of a separate contract with the Buyer and this contract is a binding agreement and that you will abide by these Terms.
  2. You are also aware that the Seller is not acting on behalf of RaceTrade.
  3. Any agreement that forms through selling the Item to the Buyer is with the Seller only.
  4. RaceTrade is not be held liable for any loss or liability suffered by you as a Seller due to the acts or omissions of the Buyer.
  5. You accept that you are wholly and exclusively responsible for complying with these Terms.
  6. You also acknowledge that you are responsible for any compensation due to the Buyer for any non-compliance on your behalf including but not limited to making sure that the Item which has been listed matches the description attached. You also agree that RaceTrade is not liable for any non-compliance on your part and we will not be liable to compensate the Buyer for any breach in the agreement between you and the Buyer.
5. When you use Service as a Buyer:
  1. When Buying the Item from the Seller as the Buyer, you understand that you are part of a separate contract with the Seller and this contract is a binding agreement and that you will abide by these Terms.
  2. You are also aware that the Buyer is not acting on behalf of RaceTrade.
  3. Any agreement that forms through Buyer the Item from the Seller is with the Seller only.
6. RaceTrade will not be held liable for any loss or liability suffered by you as the Buyer due to the acts or omissions of the Seller.
PROHIBITED USES
1. You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
2. When accessing the Website, you shall be prohibited from:
  1. using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
  2. taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;
  3. copying, reproducing, altering, modifying, creating derivative works, or publicly display any content from the Website without the Company’s prior written consent;
  4. reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
  5. attempting to access any area of the Website to which access is not authorised.
3. You may use Service only for lawful purposes and in accordance with the Terms. You agree not to use Service:
  1. In any way that violates any applicable national or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  4. To impersonate or attempt to impersonate the Company, the Company employee, another user, or any other person or entity.
  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.
4. Additionally, you agree not to:
  1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  2. Use any robot, spider, or another automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  8. Take any action that may damage or falsify the Company rating.
  9. Otherwise attempt to interfere with the proper working of Service.
ACCOUNTS
1. When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
3. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
4. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
6. You may not use as a username any name that is offensive, vulgar or obscene.
7. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
REGISTRATION, LOGIN CREDENTIALS AND SECURITY
1. In order to be able to make use of and access the Services, you shall register on the Website by providing the Company with all required information which includes but is not limited to your full name, business name, address and contact information.
2. You agree to (i) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete.
3. Each RaceTrade account can be accessed by his/her holder via the Website (“Account“).
4. If you provide any information to the Company that is untrue, inaccurate, outdated or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, we may terminate your Account with us and refuse current or future use of any or all of the Services and RaceTrade.
5. When registering an Account, if you are registering as a customer, you may provide the Company with your choice of Account password and username (“Login Credentials“).
6. If you are registering an Account with us as a merchant, Login Credentials shall be provided to you by the Company.
7. You hereby:
  1. acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities that occur under your account;
  2. agree to notify the Company immediately of any unauthorized use of your account or of any other breach of security. The Company shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials or Account, either with or without your knowledge. However, you may be held liable for losses incurred by the Company as a result of a third party using your Account or Login Credentials.
  3. acknowledge and agree that you may not use anyone else’s Account at any time, without the express permission of such account holder.
PURCHASES
1. If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
2. By entering your payment information when requested, you authorize RaceTrade and its payment processors to charge and process the fees and charges assessed in connection with your Purchase.
3. We will not be liable for any fees or charges placed by third parties or any errors in the processing of payments, including errors arising out of such third party’s negligence, improper transmission of payment details or an error on the end of a User.
4. You represent and warrant that: (i) you have the legal right to use any credit card(s) or another payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
5. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
6. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
7. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
8. We do not make any guarantee regarding the quality of the items sold to you.
REFUND POLICY
1. We do not provide refunds of the RaceTrade Services unless required by law or unless RaceTrade is no longer able to offer the RaceTrade Services.
CONTENT
1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content“). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
2. By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
3. You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
4. The Company has the right but not the obligation to monitor and edit all Content provided by users.
5. In addition, Content found on or through this Service are the property of the Company or used with permission.
6. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
INTELLECTUAL PROPERTY
1. Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of RaceTrade and its licensors.
2. Service is protected by patent, copyright, trademark, and other laws of the State of Delaware.
3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RaceTrade.
4. All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this website, our applications, or within the services, are the sole property of RaceTrade.
5. Unauthorized use of any materials contained on this Website, our applications or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party’s rights, please contact RaceTrade immediately at: support+terms@racetrade.com
6. All content, trademarks, data, information or information contained in any materials, or documents used in relation to the RaceTrade and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to the RaceTrade. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without the RaceTrade’s prior written permission.
7. Any and all intellectual property rights in the Content, Services and the RaceTrade or otherwise developed by or on behalf of the RaceTrade, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and the RaceTrade or otherwise developed by or on behalf of the RaceTrade, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in the RaceTrade, its licensors or suppliers, as the case may be, and all rights not expressly granted by the RaceTrade to you are reserved by the RaceTrade.
8. Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in the RaceTrade’s Intellectual Property. You may not use the RaceTrade’s Intellectual Property in a manner which may (i) place the RaceTrade’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to the RaceTrade.
9. You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by RaceTrade its third-party providers and other respective owners, if any.
10. Subject to these Terms, and your compliance with these Terms, RaceTrade hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.
11. If you breach any of these Terms, the above license will terminate automatically.
COPYRIGHT POLICY
1. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement“) of any person or entity.
2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support+terms@racetrade.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
3. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
1. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
2. You can contact our Copyright Agent via email at support+terms@racetrade.com.
ERROR REPORTING AND FEEDBACK
1. You may provide us either directly at support+terms@racetrade.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the RaceTrade may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the RaceTrade is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the RaceTrade and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
LINKS TO OTHER WEB SITES
1. Our Service may contain links to third party web sites or services that are not owned or controlled by RaceTrade.
2. RaceTrade 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.
3. YOU ACKNOWLEDGE AND AGREE THAT RACETRADE 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.
4. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNITY, WAIVER AND SEVERABILITY
1. DISCLAIMER OF WARRANTY. THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
2. LIMITATION OF LIABILITY. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
3. INDEMNITY. You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.
4. WAIVER AND SEVERABILITY. No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
TERMINATION
1. We may terminate your use and bar access to 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 Terms.
2. If you wish to stop using our Service, you may simply discontinue using Service.
3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DOWNTIME AND SUSPENSIONS
1. Your access to and use of the Services may be interrupted for the duration of any scheduled, unscheduled, or unanticipated downtime, suspension or another unavailability, for any reason and in our sole discretion, including but not limited to: (i) as a result of power outages, system failures or other interruptions, (ii) for scheduled and unscheduled downtime to permit maintenance or modifications to the Services, (iii) in the event of a denial of service attack or other attack or event that we determine may create any risk to us, you or any of our users, customers, or licensees, or (iv) in the event that we determine that any Service is prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any downtime, suspension or another unavailability of the Services. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, settings or other service interruptions. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
2. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
3. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
4. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
ANALYTICS
1. We may use third-party Service Providers to monitor and analyze the use of our Service.
2. Piwik Pro
  1. We use Piwik PRO Analytics Suite as our website/app analytics software and consent management tool. We collect data about website visitors based on cookies.
  2. The collected information may include a visitor’s IP address, operating system, browser ID, browsing activity and other information. See the scope of data collected by Piwik PRO: https://help.piwik.pro/support/privacy/what-data-does-piwik-pro-collect/
  3. We calculate metrics like bounce rate, page views, sessions and the like to understand how our website/app is used. We may also create visitors’ profiles based on browsing history to analyze visitor behavior, show personalized content and run online campaigns.
  4. Piwik Pro hosts our solution on a decentralized Microsoft Azure network, and the data is stored for 14/25 months. The purpose of data processing: analytics and conversion tracking based on consent.
  5. Piwik PRO does not send the data about you to any other sub-processors or third parties and does not use it for its own purposes. For more, read Piwik PRO’s privacy policy.
YOUR PRIVACY
1. You acknowledge that you have read and understood our Privacy Policy.
2. You may review our Privacy Policy at any time by clicking on the Privacy Policy link on our Website.
3. We only use any personal data we collect through your use of the Service in the ways set out in our Privacy Policy, unless you are using a specific service to which a different privacy policy applies, as set out below.
4. We care about data privacy and security. Please be advised the Website is hosted in the United States. If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
5. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 17 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
GOVERNING LAW
1. These Terms shall be governed and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.
2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
3. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
4. Each party irrevocably agrees that the courts of the State of Delaware shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
5. Notwithstanding the specified agreement on jurisdiction, you and the RaceTrade shall, if any dispute arises, attempt to settle it by mutual negotiations.
6. You agree that for the purposes of the settlement of disputes between you and the RaceTrade, an e-mail correspondence with the authorized persons of the RaceTrade at: support+terms@racetrade.com shall be the effective and binding method of communication.
AMENDMENTS TO TERMS
1. We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
2. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
3. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
4. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
5. If you do not agree to the new terms, you are no longer authorized to use the Service
ACKNOWLEDGEMENT
1. BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
CONTACT US
1. For more information about our Term and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments, requests for technical support: by email:
2. By email: support+terms@racetrade.com

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