Last updated: October 31, 2019
Please read the following carefully as it governs your use of the Web pages hosted by MySport LLC dba FundRacer5.com and/or its various affiliates and partners that are owned or managed by MySport LLC (collectively referred to as “FundRacer5“, “FR5”, “we” or the “Site”). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use the FundRacer5 Site.
1. SCOPE OF AGREEMENT.
2. YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of our Site, you represent that you are at least 18 years of age and are not a person barred from receiving services under the laws of the applicable jurisdiction.
3. USE OF SITE CONTENT AND MATERIALS.
User of Site agrees not to print out or electronic version copy any part of the Site or its contents and may not be used by you in any litigation or arbitration matter whatsoever under any circumstances. Your license for access and use of the Site and any information, materials or Documents therein (collectively defined as “Content and Materials”) are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom without FR5’s express written permission; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. To the extent you use or obtain contract, application, agreement or other Content and Materials from FR5, its licensors or the Site, all such information is intended by FR5 to be directed at individual consumers and not employers or organizations and is provided for personal use by individual consumers only.
4. SITE RULES.
1. In order to provide a welcoming and productive community on our Site and to improve the safety and security of our Site, we require that you adhere to the following rules:
(a) Do not give your user name or password to others. You are responsible for maintaining the confidentiality of your user name and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify FR5 immediately of any unauthorized use of your registration and password.
(b) Do not respond to postings by other FR5 users in any manner or for any purpose other than that which is expected.
(c) Do not present FR5 Content or Materials (or permit Content and Materials to be presented) so that it appears to be available from a third party Web site.
(d) Do not delete or revise any material posted by any other person or entity.
(e) Do not violate or attempt to violate the security of the Site.
(f) Do not access data not intended for your use.
(g) Do not log into a server or account which you are not authorized to use.
h) Do not use the Site to advertise or offer to sell or buy any goods or services.
(i) Do not use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party’s intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.
(j) Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
(k) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”.
(l) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
(m) Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to individuals, entities or FR5 Users.
(n) Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(o) Do not attempt to or actually access the Site by any means other than through the interfaces provided by the Site or by navigating to FR5 using a web browser. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including FR5.
(p) Do not use manual or automated software, devices, script robots, other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in or on the Site.
(q) Do not utilize or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive, in FR5’s sole discretion, with the Site.
(r) Report inappropriate postings or conduct to FR5.
1. In order to use our Site, you must select a payment method and provide accurate billing and payment information when prompted. You agree to pay FR5 for all charges incurred under your account and/or purchases, including all applicable taxes, fees and surcharges. You authorize FR5 to charge your designated payment method for such charges. If FR5, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by FR5 or its operators. Every time you use the Site, you reaffirm that (i) FR5 (or its designated vendor acting as its billing agent) is authorized to charge your designated payment method; (ii) FR5 may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
6. REFUND AND EXCHANGE POLICY.
We want you to be 100% satisfied with our products and services. If you are less than satisfied or feel there has been an error in billing, please contact us by e-mail immediately, at Mike@TeamMySport.com so that we can help you resolve the issue. If you are still not satisfied you may request a refund for up to 30 days after purchasing any product or service offered on the Site.
7. THIRD PARTIES.
1. Various third parties offer or provide materials through the pages on our Site. You also may obtain access to other sites on the Internet through the pages on our Site. By providing this service, FR5 is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that FR5 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ links and/or ads on the Site and FR5 expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof.
2. We and/or third-parties may make available through the Site services (for example, message boards, chat functionality and comment features on blogs, among other things) to which you are able to post information and materials (each, a “Forum”). PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT.
8. REPRESENTATIONS AND WARRANTIES.
1. No Representations or Warranties by FR5. FR5 makes no representations or warranties with respect to these pages, their Content and Materials (including, without limitation, material communicated by third parties) or communications from Customer Service representatives, all of which are provided on an “as is” and “as available” basis. FR5 disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. FR5 makes no representations or warranties that the services provided by these pages or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, FR5 is not responsible for those costs. FR5 also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by Users or third parties, is accurate, complete, current, reliable or truthful. FR5 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, experience, recruiting, hiring or otherwise. No advice or information obtained by any User from FR5 or its personnel shall create any warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information posted by Users or on any other form of communication with Users will be at your own risk. FR5 acts as, among other things, a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User posted material or information, although it reserves the right to do so.
3. No Guaranty of Results. FR5 makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting objectives of Users.
9. LIABILITY DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FR5 AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY FR5, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF FR5 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
FR5 RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT FORMSWIFT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN FR5’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL FR5 (ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $50.00. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, FR5’S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, FR5 CANNOT AND DOES NOT CONFIRM EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE FR5 (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A WEST VIRGINIA RESIDENT, YOU WAIVE WEST VIRGINIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. PROPRIETARY RIGHTS.
2. For the avoidance of doubt, each User retains ownership of any materials you, the User, submits through the Site (each, a “Submission”). However, in order to make your Submissions available on the Site and to best provide you with services tailored to such Submissions, FR5 needs certain rights to your Submissions. As such, by submitting materials to our Site, including ornament, sticker and cutting board designs, you grant to FR5 and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation or further notice to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, and the contents of such Submission, in any media now known or hereafter developed, for FR5’s business, marketing and promotional purposes and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the designs you submit, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such designs (for example, if you limit availability of your design, FR5 will use commercially reasonable efforts to ensure that the availability of your design complies with the settings you selected). By way of further explanation, FR5 would not be able to perform many of the services we offer without your granting FR5 these rights.
3. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section and that such Submission and your provision thereof to and through the Site comply with all applicable laws, rules and regulations. You acknowledge that you are solely responsible for verifying any and all information contained in any Submission, including, without limitation, confirming your own data, terms or language, and that FR5 is not responsible for correcting any information provided to any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
4. Claims of Copyright Infringement. If you have a good faith belief that materials available on the Site infringe your copyright, send FR5 a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, send FR5 a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by federal law (see https://www.copyright.gov/ for details). See below “Information or Complaints” for where to send notices or counter-notices.
11. FITNESS FOR USE.
FR5 makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local laws.
12. BINDING ARBITRATION.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. As precursor to arbitrating any dispute, you must first contact FR5 by email at Mike@TeamMySport.com, so that we can work to resolve the dispute. Similarly, we must first contact you at the most recent email address that we have on file for you before bringing a dispute to arbitration. In the event that we cannot resolve a dispute within sixty (60) days of notification by either party or if FR5 is unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with FR5, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Greenbrier County, WV. The arbitrator’s decision shall be based upon the substantive laws of the State of West Virginia without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, FR5 may seek injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of West Virginia and waive any jurisdictional, venue or inconvenient forum objections to such courts.
13. GENERAL TERMS.
2. User Remedies. You acknowledge that, except as expressly provided elsewhere in this Agreement, your only right with respect to any dissatisfaction with any modification or discontinuation of service made by FR5 or any policies or practices in providing this Site or our products, including without limitation any change in content or any change in the amount or type of fees or charges associated with our products, is to cancel your user account, as applicable. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the FR5’s services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of FR5’s services or any content or other material used or displayed through FR5’s Site.
4. Indemnity. You agree to defend, indemnify, and hold harmless FR5 (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, Documents posted by you on the Site or distributed by you through the Site or your breach of this Agreement. FR5 shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
8. Term and Termination. This Agreement is effective until terminated. FR5, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and user name, and all related information and files associated with it may happen without prior notice. FR5 shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any termination. Sections 6-14 shall survive such termination.
9. Filtering. Please note that parental control protections (such as computer hardware, software or filtering services) are commercially available that may help you to limit access to material that is harmful to minors. Information on these types of parental controls is available at GetNetWise (https://kids.getnetwise.org/) and OnGuard Online (https://onguardonline.gov/). FR5 does not endorse any of the products or services listed at these sites.
10. Notice. For purposes of service messages and notices about the services to you, notice shall consist of an email from FR5 to the email address associated with your account, regardless of any other information we may have. FR5 also may, at its option, communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your account or services associated with FR5. FR5 shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability your failure to receive important information about our services.