TERMS OF USE

(Last updated August 2016)

This website, located at www.racepointglobal.com (the “Site”), is provided by Racepoint Global, Inc. (“Racepoint Global,” “we,” or “us”) to the person accessing the Site (“you”).

  1. You Agree to these Terms of Use
    Your access to, and use of, the Site or any of the Site’s features or services (collectively, the “Services”) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site or any Services, you accept, without limitation or qualification, these Terms of Use. Racepoint Global may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site or any Services constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. Racepoint Global reserves the right to modify or discontinue the Site (or any portion thereof), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Racepoint Global shall not be liable to you or any third party in the event that we exercises our right to modify or discontinue the Site (or any portion thereof). Unless stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms of Use.If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site and stop using any Services immediately.
  2. Permitted Use of the Site and Services
    The information and materials available on the Site or Services are provided for general informational purposes. You may use the Site and Services solely for the purpose of learning about or purchasing our services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site or Services for any other purpose. You will protect Site content from unauthorized copying or use. Modifications of, additions to, or deletions from Site content are strictly prohibited. Except as specifically permitted in these Terms of Use or in any other agreement between you and Racepoint Global, you shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease Site content; (ii) circumvent any encrypted data or use the Site in any manner which violates these Terms of Use or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law); or (iv) copy, reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify any Site content, or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Reproduction of Site content in any form or by any means, including, but not limited to, information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without Racepoint Global’s written permission is forbidden.
  3. User Submitted Content
    The Site or Services may offer interactive features that allow users to submit content to the Site or Services. Racepoint Global does not and cannot review all such content, and is not responsible for such content.You acknowledge that by providing the ability to view and distribute your user-generated content on the Site or Services, we are merely acting as a passive conduit for such distribution and we are not undertaking any obligation and disclaim all liability related thereto. However, Racepoint Global reserves the right to block or remove communications or materials that it determines to be unacceptable in its sole discretion.Harassment in any manner or form on the Site or Services, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Racepoint Global employee, host or representative, or other users, is prohibited. You may not upload to, distribute, or otherwise publish through the Site or Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any individual or entity, or which may otherwise give rise to liability or violate any law.
  4. Notice and Electronic Communications
    When you use the Site or Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  5. Privacy
    Racepoint Global’s Privacy Policy, available here, is incorporated into and made part of these Terms of Use. You hereby agree to our Privacy Policy. Any information that can personally identify you (for example, your name, address, telephone number or e-mail address) that you transmit to the Site or Services will be used by us in accordance with the Privacy Policy. Any other communication or material you transmit to the Site or Services, such as questions, comments, suggestions or the like (collectively, “User Feedback”), will be treated as non-confidential and non-proprietary, and by submitting such information to us, you irrevocably assign to Racepoint Global, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such User Feedback. Racepoint Global will be entitled to use any User Feedback that you submit through the Site or the Services for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to Racepoint Global that you have the right to do so. Our obligations regarding information that you send us offline or as part of a prospective or ongoing business relationship may be governed by a separate agreement between you and Racepoint Global.
  6. Warranty Disclaimer
    THE SITE AND THE SERVICES, AND ANY CONTENT, MATERIALS, SERVICES OR PRODUCTS AVAILABLE IN CONNECTION THEREWITH, ARE PROVIDED “AS IS.”   TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RACEPOINT GLOBAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.Racepoint Global does not represent or warrant that the functions contained in the Site or Services will be uninterrupted or error-free, that the defects will be corrected, or that the Site or Services, or any underlying servers, are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in the Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. We do not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
  7. Indemnification
    You agree to indemnify, defend, and hold harmless Racepoint Global, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any of your activity on or in connection with the Site or any Services.
  8. Limitations of Liability
    YOUR USE OF THE SITE OR SERVICES IS AT YOUR OWN RISK. RACEPOINT GLOBAL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS, AND ALL OTHER INDIVIDUALS AND ENTITIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE SERVICES OR ANY RELATED CONTENT, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on liabilities, so the above limitations may not apply to you.
  9. Third Party Links
    In an attempt to provide increased value to our users, we may link to sites operated by third parties. However, even if the third party is affiliated with Racepoint Global, we have no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Racepoint Global. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, we specifically disclaim any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.Racepoint Global does not endorse the content, or any products or services available, on such sites. Nonetheless, we seek to protect the integrity of the Site and Services and the links placed upon them, and we therefore request any feedback regarding such linked sites (including if a specific link does not work).
  10. Copyright
    Copyright © 2016, Racepoint Global, Inc. ALL RIGHTS RESERVED.All content included on the Site and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Racepoint Global or its content suppliers and is protected by United States and international copyright laws. The compilations of all content on the Site and Services are the exclusive property of Racepoint Global and protected by United States and international copyright laws. All software used in connection with the Site and Services is the property of Racepoint Global or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site or Services.
  11. Copyright Complaints
    We respect the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Racepoint Global infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

    • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
    • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    • information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
    • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
    • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    All notices described above should be sent to Racepoint Global’s Designated Agent at: AgencyMarketing@racepointglobal.com.

    We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  12. Export Control
    Software and other materials downloaded or otherwise made available from the Site or Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site or Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.Racepoint Global does not authorize the downloading or exportation of any software or technical data from the Site or Services to any jurisdiction prohibited by the United States Export Control Laws.
  13. Law and Jurisdiction
    These Terms of Use and your use of the Site and Services are governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. The courts of general jurisdiction located within the Commonwealth of Massachusetts, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use, the Site or the Services or in which these Terms of Use, the Site or the Services are a material fact. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THESE TERMS OF USE.
  14. Assignment
    Racepoint Global may assign these Terms of Use, or any rights or obligations hereunder, to any individual or entity at any time without notice to you.
  15. Questions and Feedback
    We welcome your questions, comments, and concerns about the Site and Services. Please send your feedback to AgencyMarketing@racepointglobal.com.