Race Monitor
Available for
these platforms:
Race Monitor Available on the App Store
Race Monitor Android app on Google Play
Race Monitor Available on the Mac App Store
Race Monitor Available in the Windows Store for Windows 8
Race Monitor Download for Windows Phone

Terms Of Use

Last Modified: April 3, 2017

Acceptance of the Terms of Use

The following terms and conditions (these “Terms of Use”), govern your access to and use of all websites, services and applications (the “Website”) made available to you by Karting Coach, Inc., d/b/a Race Monitor (“Company”, “We” or “Us”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. The Company is a provider of an application which enables its users to provide live timing and scoring results to consumers/third parties via the Internet (“Relaying Service”), an Application Programming Interface system which allows access to the data within the Company’s systems via the Internet ("API Service"), and a system to provide audio and/or video media to users ("Media Service").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are at least 13 years of age. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:
  • making all arrangements necessary for you to have access to the Website; and
  • ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
Live Timing Subscriptions

Some of Company’s Live Timing services are subscription-based premium features provided by third parties and require initial and periodic payment via debit, credit card, or other payment processing means. You should review the information provided by the applicable third party about the Live Timing subscription during the registration process. Live Timing subscriptions may automatically renew based on the terms and conditions between you and the third party providing the subscription. You can find information about managing your Live Timing subscription by visiting the help section of the Website.

Company Subscriptions

Some of Company’s services, such as Relaying Services and API Services, are subscription-based premium features and require initial and periodic payment via debit, credit card, or other payment processing means. You should review the information provided about the subscription during the registration process. You agree that if you purchase a subscription, you are responsible for paying any and all charges relating to your subscription until you elect not to renew the subscription. Subscriptions renew automatically for the same time period as the previous subscription period at the rate then in effect. Your renewal date is set forth on the Account page of the Website. This means that at the end of the subscription period, We will charge you automatically for the next subscription period to guarantee uninterrupted benefits. The debit or credit card you designated at registration will be charged no more than 24 hours prior to the expiration of the then current subscription period. If you want to avoid renewing a subscription, you agree that you must cancel through the Account section of the Website.

In order to subscribe, you will be asked to provide certain registration details and/or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions We take with respect to your information consistent with our Privacy Policy.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions We take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity who does not have a right to know such information. You also acknowledge that your account is personal to you and/or your organization and agree not to provide an unauthorized third party access to this Website or portions of it using your user name, password or other security information. You agree to notify Us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by Us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for you and/or your organization’s use only as applicable. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
  • your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • you may store files that are automatically cached by your Web browser for display enhancement purposes;
  • you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution;
  • if We provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your use in conjunction with the end user license agreement for such applications; and
  • if We provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
  • modify copies of any materials from this site; or
  • delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

By using Company's Relaying Service, you agree to promote Company’s Relaying Services, and you acknowledge that the Company’s name and logo and all related names, logos, product and service names, designs and slogans (collectively, the “Marks) are trademarks of the Company or its affiliates or licensors and that you have no rights to use or display the Marks except as specifically authorized herein. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. The Company’s Name “Race Monitor” may be used in your flyers, announcements, or otherwise to promote and advertise the availability of the Relaying Service.

Subject to the terms of these Terms of Service, you grant the Company a limited, non-exclusive, non-transferable, fully paid-up, royalty-free, worldwide license to use the trademarks, service marks, trade names, names and/or logos you provide the Company, and choose to associate with races on or in connection with the Website. You further agree that You are authorized to allow the Company to use the logo(s), trademark(s) or trade name(s) that You provide to Company, if any.

Use of Relaying Service

Subject to these Terms of Service, you are granted a limited, non-exclusive license to use the Relaying Service. In exchange, you agree to allow the Company to record, display and/or disseminate live timing and scoring information from events to Company’s end users/third parties. You will maintain any and all ownership rights to the data Company records, displays and/or transmits via its Relaying Service. However, you hereby grant to RM a limited, fully paid-up, royalty free, non-exclusive, irrevocable license for the use of this data.

You agree and recognize that third parties not subject to these Terms of Use will be downloading and/or distributing the Relaying Services data. In recognition of this use, you hereby recognize that third parties may use the Relaying Services data for their own personal and/or commercial use. You hereby recognize and agree that Company has no control over how third parties use the Relaying Services data, and you agree to hold Company harmless from any liability regarding third party use of the Relaying Services data. In the event that you would like to have control over third-party use of the Relaying Services data, the Company offers paid options for restricting third-party access. Please inquire with the Company for more information. You agree that only you shall use the Relaying Service, and that you may not assign the rights under these Terms of Use to any other parties without the express, written consent of Company.

Use of Media Service

Subject to the terms and conditions of these Terms of Use, you are granted a limited, non-exclusive, revocable license to use the Media Service. In exchange, you agree to allow the Company to access, display, generate thumbnails, record (for streams through our media servers), and/or disseminate live video and/or audio (collectively referred to as "Media") that you assign to races to Company’s end users worldwide. You will maintain any and all ownership rights to the Media that you assign to Company’s records, displays, and/or transmits via its Media Service. However, you hereby grant Company a limited, non-exclusive, fully-paid up, royalty free, irrevocable license to use the Media.

You affirm, represent, and warrant that you own and/or have the necessary licenses, rights, consents, and permissions, to publish worldwide, the Media that you assign to races.

RM reserves the right to remove Media for any reason, without prior notice.

Use of API Service

You are granted a limited, non-exclusive license to use the API Service and data available within the Website. You expressly acknowledge that Company, its licensors, and its end users retain all worldwide right, title, and interest in all data available through the API Service, including all rights in patents, trademarks, trade names, copyrights, trade secrets, data, and all property rights under the laws of the United States.

You agree that you will not circumvent any protection measures that are in-place, including, but not limited to, rate limits, data access rights, or otherwise, or disrupt, interfere, filter, or disable features of Company's Services.

Company does not endorse any products or services using the API Service built or offered by you.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content (see below) set out in these Terms of Use;
  • to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
  • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or
  • otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination

We have the right to:
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
  • terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ITS AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, ANY OF ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending Us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.

Information About You and Your Visits to the Website

All information We collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:
  • link from your own or certain third-party websites to certain content on this Website;
  • send e-mails or other communications with certain content, or links to certain content, on this Website; and/or
  • cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on this Website that is inconsistent with these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

As a convenience to our visitors and users, the Website may offer links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Applications

When you download or purchase an Application (“App”), or make an in-app purchase, you do so through a third party mobile application online store. You may be required to register with the mobile App store and be logged on before you can download or purchase an App or make in-app purchase of another product using the App. When downloading an App, or using an App with online features through your mobile platform, the App provider will typically also collect certain device and App-related information.

Some Apps may send push notifications, or notices of interest sent out to in the absence of a specific request, to your mobile device. In the event a Company App uses push notifications, you are provided an opportunity to opt into receiving those push notifications. If you decline to accept push notifications, you will not receive push notifications, which means you may not receive the most current updates and features of the App.

Our Apps generally do not collect precise information about the location of your mobile device, the unique identification number assigned to your device by your operating system (sometimes called a UDID), or your contact list or address book, and do not collect any information on the contacts stored in your mobile device. This information will only be collected if it is necessary for the functioning of the App and will be disclosed to you prior to downloading the App.

You have choices when it comes to how Apps function on your mobile device. You may be able to:
  • manage push notifications by using your built-in mobile device settings and controls;
  • manage location information by using your built-in mobile device settings and controls;
  • manage/restrict in-app purchases by using your built-in mobile device settings and controls; and/or
  • block navigation to the web by turning off network access on the device or turning off the browser.
Access to or availability of controls may vary depending on your device.

Geographic Restrictions

The owner of the Website is based in the state of Colorado in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, although We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use 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 these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.

Entire Agreement

This Agreement, together with any additional terms and conditions incorporated herein (including, but not limited to, our Privacy Policy), constitutes the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This Website is operated by Race Monitor. Please send any comments or concerns to https://www.race-monitor.com/Home/Contact.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: https://www.race-monitor.com/Home/Contact.





- MyLaps is a registered trademark of MyLaps Sports Timing