Terms and Service

Terms of Use

 

1. Acceptance of Terms

1.1 Read the RaceRiver.com ("RaceRiver") Terms of Use ("Terms") before you accept these Terms by using the www.raceriver.com website or any other website maintained by Race River ("website"). If you do not agree to all of the Terms, do not use this website.

1.2 The Terms are entered into by and between Race River Corporation Pty Ltd and you. If you currently have in effect separate agreement(s) with Race River, such separate agreement(s) govern.

 

2. Disclaimer of Warranties

2.1 All information provided by Race River, including on our websites, is provided on an "as is" basis, and use of such information is at your own risk. Race River Corporation Pty Ltd and it's subsidiaries does not make, and hereby disclaims and all other express and/or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non infringement and title and any warranties arising from course of dealing, usage or trade practice.

2.2 In no event will Race River Corporation Pty Ltd and it's subsidiaries be liable for any special, indirect, incidental or consequential, or for any loss of business or prospective business opportunities, profits, savings, information, use or other commercial or economical loss.

2.3 No information, product and service obtained or purchased by you from Race River Corporation Pty Ltd and it's subsidiaries, including it's sites, will create any warranty or condition not expressly stated in the Term.

 

3. Ownership by Race River

All content, including text, data, sound recordings, sound, photographs, graphics, video, or other materials ("Material") provided on this website is provided by or to Race River by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and is the copyrighted work of Race River and/or the Third Party Providers. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Race River or the Third Party Provider. No part of the website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Race River. You also may not, without Race River's prior express written permission, copy any Materials contained on this website on any other server, or use any Race River or Integard Marks for any purpose.

"Race River Marks" means any names, marks, brands, logos, designs, slogans, trademarks, trade dress and other designations that Race River uses in connection with its products or services. With respect to Race River and Integard Marks, you are governed by the terms and conditions of the agreement(s) already entered into with Race River.

 

4. Submitted Material

Any Material provided by you in connection with this website or any of our websites shall be deemed to be nonproprietary and non-confidential unless otherwise explicitly stated in these Terms or in Race River Privacy Policy published on our websites. Race River Corporation Pty Ltd and it's subsidiaries shall have no obligation of any kind with respect to such Material and shall be free to use or disseminate such Material on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Material that you submit, and you, not Race River Corporation Pty Ltd and it's subsidiaries, have full responsibility for the Material you submit, including its legality, reliability, appropriateness, originality and copyright.

 

5. Links

This website may be linked to other websites that are not under the control of and are not maintained by Race River Corporation Pty Ltd and it's subsidiaries. Race River is not responsible for the availability or content of those sites, their advertising, products, or other materials on or available from such sites or resources. Race River Corporation Pty Ltd and it's subsidiaries provides these links as a convenience, and such provision does not imply endorsement by Race River of those sites. Race River Corporation Pty Ltd and it's subsidiaries are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

6. Notices

Race River may send notices to you via either e-mail or regular mail for the purpose of advising you of any of our products or services, for such other purpose(s) as Race River deems appropriate.

 

7. Privacy Policy

Race River Corporation Pty Ltd and it's subsidiaries respect your desire for privacy. The Race River Privacy Policy can be found at www.raceriver.com/privacy.htm. The privacy policy may be modified by Race River from time to time at Race River's sole discretion. By using the websites, you are consenting to the terms of our Privacy Policy. If we decide to change that policy, we will post the revised policy prominently on our website or otherwise bring it to your attention, so that you are always aware of what we do with your information.

 

8. Copyright Policy

Integard is copyright of Race River Corporation Pty Ltd. Race River respects the intellectual property of others, and we ask our customers and visitors to our website to do the same. At our discretion and in appropriate circumstances, Race River may terminate or suspend service to customers who repeatedly infringe upon the copyright, or other intellectual property rights of others.

If you believe that Race River or one of its customers has copied your work in a way that constitutes copyright infringement or other violation of your intellectual property, please send written notice to webmaster@raceriver.com.

 

9. Governing Law

This Agreement is made under and will be governed by and construed in accordance with the laws of Australia (except that body of law controlling conflicts of law).

 

Subscription and Renewal to our Products and Services

Upon expiration of your subscription, Race River may automatically renew your subscription to the Software at the then prevailing price using credit card information you have previously provided. You may elect not to renew your subscription by contacting Race River's customer service department and informing them of your desire not to renew your subscription prior to any such renewal.

 

Trademark Guidelines

Race River Trademark Guidelines set forth the legal policies for using or referring to any names, marks, brands, logos, designs, slogans, trademarks, trade dress and other designations Race River uses in connection with its products and services. Integard Trademarks constitute Race River intellectual property and are important and valuable assets of Race River Corporation Pty Ltd.

 

Application of Guidelines

Race River employees, customers, licensees, consultants, outside vendors, affiliates and other third parties must follow these Guidelines. If Race River has licensed you the use or display of Integard Trademark, your Integard license agreement may provide for trademark usage guidelines different from these Guidelines. If so, please follow the guidelines pursuant to your license agreement, but if your license agreement does not provide for trademark guidelines, you must follow these Guidelines.

 

Use of Integard Trademarks

Race River shall permit Integard customers to refer to Integard products and services by the Integard Trademarks provided that the references (1) are truthful, fair, and not misleading, and (2) comply with these Guidelines, which may be modified by Race River from time to time at Race River's sole discretion. Any Race River customer desiring to use the Integard logo must obtain written permission from Race River. If you are a Race River customer and are interested in obtaining a license to use the Integard Trademark, contact your Race River marketing or sales representative. If Race River grants you by written permission to use the Integard Trademark, you must use the appropriate superscripted trademark symbol of Integard ownership. When using any Integard Trademark in any work, you cannot alter the Integard Trademarks in any way, and cannot incorporate Integard Trademarks into your own product names, service names, trademarks, logos, or company names. You must also not use marks or logos that are confusingly similar to Integard`s marks and logos.