THIS SERVICES AGREEMENT from The Race Club provides terms and conditions applicable to any of the website usage, subscription, and any message posting, sending or receiving. By visiting our site and using our services, you agree to the terms and conditions described by these documents.
Prior to using The Race Club site, signing up for an account, or using its resources, make certain you read and review the following terms and conditions. The Race Club reserves the right to amend terms and services at any time.
The Race Club provides its subscription holders with articles, notes, technique videos, and training resources to help swimmers improve and learn as defined in the terms below. Certain resources are only available once subscription has been purchased or upgraded.
Familiarize yourself without policies before using and posting comments on our site, for you are solely responsible for what you post. We do monitor our site to ensure complaints are addressed and inappropriate content is removed. We do not take responsibility for content posted for users and under no circumstances is The Race Club liable for the content posted, uploaded, or sent. Additionally, the views of The Race Club are not reflected in the content posted by users.
The Race Club owns any property rights, both intellectually and published, found on or expressed on our website or materials.
The Race Club takes the safety of its users of the highest importance. We take steps to ensure site visitors, subscribers, and those who use our training materials are protected. Our acceptable use policy defines our user expectations and the actions we may take if these policies are not upheld.
Liability, Severance and Governing Law
To the extent permitted by law, The Race Club shall not be liable for indirect, incidental, special, or consequential damages, or punitive damages, whether incurred directly or indirectly. Additionally, we are not liable for any loss of data or other intangible losses that result from our services and content therein. Finally, like any physical training program, you should be using our training videos and articles with the support of a coach, physician, or professional to ensure personal safety.
Third Party Links and Resources
The Race Club provides links, resources, and products to be used/purchased at the user’s discretion. We are not responsible for information provided by these sites, nor any damages incurred through usage of these resources.
These terms are regulated by the laws of the United States.
CHANGES TO OUR SERVICES AGREEMENT
We reserve this right to change our policies at any time. Please review our policies periodically to ensure that you are aware of any changes. If you have any questions related to our Services Agreement, alert our staff using our contact form before proceeding to use any resources.
Free Accounts (Lane 1)
Members who sign up for the free subscription, also known as “Lane 1” will grant access to basic notes, videos, and other resources as defined in our subscription plan details. These free services may change from time to time at the discretion of The Race Club.
Paid Accounts (Lanes 2,3, and 4)
Members who sign up for our paid subscription services, also known as “Lane 2, Lane 3, or Lane 4” will be granted access to various tiers of services as defined in our subscription plan details pending the payment of a monthly, or yearly fee. Access to content will be revoked upon failure to pay or cancellation of subscription. Access to content will vary depending on which “lane” the user has subscribed to. These tiers of services, including content, offered and fees may change from time to time at the discretion of The Race Club.
These terms apply throughout the use of The Race Club. If you delete your account or prohibited from continuing membership, the terms of this legal agreement end. The Race Club, may change, limit or discontinue membership and service use at any time as well as remove, including but not limited to public postings and videos, at our discretion.
By using this site and signing up for paid accounts, you agree to pay The Race Club all applicable membership prices. These prices are subject to change as provided by this agreement. Upon initiation of paid membership, the payment is immediately due. You will automatically be set up with for automatic renewal. Please review our membership lanes, and if you have any questions about payment, please contact to our staff.
All fees for your subscription will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and in your subscription and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your subscription as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete and accurate, and you must promptly notify The Race Club if your credit card is lost or stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement.
If you downgrade your subscription level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your subscription may cause the loss of account content, features, or capacity. The Race Club does not accept any liability for such loss. If you upgrade your subscription level, your credit card will immediately be charged a prorated amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with your next billing cycle. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
The fees for your subscription are billed in advance and automatically renew on a monthly or annual basis, as specified in your subscription.
Cancellation and Refunds
The only valid method for canceling your subscription is via the cancellation link provided on the “Dashboard”, “Account Settings” page, accessible after logging in to The Race Club Website. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation. Refund requests are at The Race Club’s full discretion.
If you cancel your subscription before the end of your current pre-paid period, you will not be charged again for your subscription beginning with the next billing cycle. If you cancel your subscription, you will not lose all access, upon the expiration of your current pre-paid period, to the Aqua Notes content, Video Library, and any other data or information stored in your account.
CHANGES TO OUR ACCOUNT POLICY
We reserve the right to change this policy at any time. Please review our policies periodically to ensure that you are aware of any changes. If you have any questions related to our Account Agreement, alert our staff using our contact form.
The Race Club created this policy to respect your online privacy and acknowledge the need for managing personal information provided online. Any information provided to The Race Club will be treated with care and protected from inappropriate uses.
Personal information provided to The Race Club is to ensure you get a program tailored to your needs. Additionally, personal information is used to complete billing requests and to send additional program related information to the subscriber.
Your data will not be shared with any third-party companies or advertisers. The information, such as your name, email address, date of birth, username, and password is used only for managing your account and confirming you identity.
Any public information you post could be visible to all site visitors. Private messages are in the user’s control. We do reserve the right to investigate contents if there are reports or harassment or abuse.
Access to Information
You have the right to access information held about you. To receive this information you must submit a request and you will subject with a fee based on the costs we incur to provide this data.
Security and Data Breach
Our services are provided in order to offer a safe space for storing delivering goodbye messages. Please report any privacy incidents or data breaches using our contact us page. We will get back to you in a timely manner.
This website is intended for users over the age of 13. Please seek the help of a parent or legal guardian for using and signing up for services if below the age of 18. If we discover an account created by a user who does not meet the requirement, we reserve the right to delete the account.
We reserve the right to close an account if we deem it is being used improperly or for the purpose of harming another person. Additionally, we reserve the right to close an account if payments are past due.
This policy outlines the terms between you and The Race Club. By visiting our using our site, you agree to these Acceptable Use terms.
By using this website, you agree to refrain from posting offensive content. This includes, but is not limited to, any messages that abuse, harass, intimidate, or impersonate another person. Refrain from messages that are profane, obscene, threatening, pornographic, defamatory, or libelous.
To report unacceptable or offensive postings or behavior, please contact us using our form or information.
This site must only be used for lawful purposes. We prohibit any actions such as; using the site in a way that breaches any form or law, using the site to harm any site users, or using this site to post offensive or hateful messages. Nudity, sexual violence, sexual content, and bullying is not tolerated under any circumstances as well and will be addressed immediately. We will respond to any concerns regarding posts or behaviors on this site.
The Race Club does not permit users to use the site for the purposes of organizing or supporting criminal activity and discrimination related to race, gender, nationality, disability, religion, age or sexual orientation. Users participating in these actions will be suspended from using accounts and reported to any corresponding legal authority.
CHANGES TO ACCEPTABLE USE POLICY
We reserve the right to change this policy at any time. Please review our policies periodically to ensure that you are aware of any changes. If you have any questions related to this Acceptable Use Policy, please alert our staff.[/vc_column_text][/vc_column][/vc_row][/vc_section]
[vc_row][vc_column][vc_column_text]Last updated: July 31, 2020
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to The Race Club, 420 1st Street, CA 92118.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Website refers to The Race Club, accessible from https://theraceclub.com
Service refers to the Website.
Country refers to: California, United States
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Personal Data is any information that relates to an identified or identifiable individual.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies in the “What Are Cookies” article.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential CookiesType: Session CookiesAdministered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Functionality CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance CookiesType: Persistent CookiesAdministered by: Third-PartiesPurpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to monitor and analyze the use of our Service.
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide better improvement of our Service.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.