Ownership. All content included on PELOPRO SPORTS LLC, such as text, graphics, logos, button icons, images, audio clips and software, is the property of PELOPRO SPORTS LLC or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on PELOPRO SPORTS LLC is the exclusive property of PELOPRO SPORTS LLC and protected by U.S. and international copyright laws. All software used on PELOPRO SPORTS LLC is the property PELOPRO SPORTS LLC or its software suppliers and protected by U.S. and international copyright laws.
2. Permitted Use of Active Trademarks
PELOPRO SPORTS LLC trademarks identify PELOPRO SPORTS LLC products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from PELOPRO SPORTS LLC. Please make such requests by e-mail to email@example.com; we will evaluate your request as soon as possible.
3. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against PELOPRO SPORTS LLC with respect to such sites.
In addition, you may order services or merchandise through PELOPRO SPORTS LLC from other persons not affiliated with Active ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on PELOPRO SPORTS LLC. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. PELOPRO SPORTS LLC makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider PELOPRO SPORTS LLC, nor will PELOPRO SPORTS LLC be construed as, a party to such transactions, whether or not PELOPRO SPORTS LLC may have received some form of revenue or other remuneration in connection with the transaction. You agree that PELOPRO SPORTS LLC will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
4. Your Profile and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "profile"). You shall be responsible for all uses of your profile, whether or not authorized by you. You agree to immediately notify PELOPRO SPORTS LLC of any unauthorized use of your profile.
5. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF PELOPRO SPORTS LLC IS AT YOUR SOLE RISK. PELOPRO SPORTS LLC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PELOPRO SPORTS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT ACTIVE’S LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY PELOPRO SPORTS LLC FROM YOU.
THE INFORMATION ON PELOPRO SPORTS LLC IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PELOPRO SPORTS LLC NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN PELOPRO SPORTS LLC, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. PELOPRO SPORTS LLC ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. I
PELOPRO SPORTS LLC makes no warranty that the PELOPRO SPORTS LLC services will be uninterrupted, secure or error free. PELOPRO SPORTS LLC does not guarantee the accuracy or completeness of any information in, or provided in connection with, PELOPRO SPORTS LLC. PELOPRO SPORTS LLC is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of PELOPRO SPORTS LLC is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
7. Limitation of Liability
PELOPRO SPORTS LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE PELOPRO SPORTS LLC OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PELOPRO SPORTS LLC OR (D) PERSONAL INJURY NOT CAUSED BY PELOPRO SPORTS LLC’S GROSS NEGLIGENCE (E) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PELOPRO SPORTS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless each of PELOPRO SPORTS LLC and its officers and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of your use of PELOPRO SPORTS LLC, any products purchased off of PELOPRO SPORTS LLC’s websites, your violation of these Terms and Conditions, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
10. Applicable Law; Consent to Jurisdiction
PELOPRO SPORTS LLC (excluding linked sites) are controlled by Sports Marketing Concepts, Inc. from its offices within the State of Utah, United States of America. PELOPRO SPORTS LLC can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Utah, by accessing PELOPRO SPORTS LLC both you and PELOPRO SPORTS LLC agree that the statutes and laws of the State of Utah, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of PELOPRO SPORTS LLC.
You agree that exclusive jurisdiction for any dispute with PELOPRO SPORTS LLC, or in any way relating to your membership or use of PELOPRO SPORTS LLC, resides in the courts of the State of Utah and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Utah in connection with any dispute including any claim involving PELOPRO SPORTS LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Credit Card Payment Policies
Our Purchase Policies
We strive to make sure that your experience while visiting our sites is efficient, informative and pleasant. On behalf of our many client organizations, our goal is to facilitate on-line registrations, donations, membership purchases and renewals, merchandise purchases and other transactions. In many cases your transaction is subject to terms and conditions as set forth by those organizations.
All transactions are conducted in the US Dollars, unless otherwise specified.
We accept many methods of payment, including all major credit and debit cards, to accommodate your needs.
Who You Are Buying From
PeloPro Sports LLC
DBA RaceDay Event Software
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
PeloPro Sports LLC DBA RaceDay Event Software does not offer refunds once the download has occurred and payment made.