By using the SimpleRace.com web site ("Service"), or any services of Creative Moxie LLC ("Creative Moxie"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Creative Moxie reserves the right to update and change the Terms of Service from time to time without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.simplerace.com/terms.
Violation of any of the terms below will result in the termination of your Account. While Creative Moxie prohibits such conduct and Content on the Service, you understand and agree that Creative Moxie cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted and will be removed.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate admin logins for as many people as necessary.
You are responsible for maintaining the security of your account and password. Creative Moxie cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is only provided via email and live chat.
You understand that Creative Moxie uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Creative Moxie, or any other Creative Moxie service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Creative Moxie.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Creative Moxie customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Creative Moxie does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Creative Moxie shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Creative Moxie has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
You agree to defend and indemnify Creative Moxie and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of this Agreement or the documents referenced herein; or (b) your violation of any law or the rights of a third party
The failure of Creative Moxie to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Creative Moxie and govern your use of the Service, superceding any prior agreements between you and Creative Moxie (including, but not limited to, any prior versions of the Terms of Service).
If any dispute arises between you and Creative Moxie during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be Florida, US. The arbitration proceedings shall be in the English language.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
Our postal address is:
Creative Moxie LLC
500 Westover Drive #7191
Sanford, NC 27330
The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.
Questions about the Terms of Service should be sent to email@example.com.
At the time of purchase of tickets / registration of your paid event, the fees charged by Service, which have been outlined on http://www.simplerace.com/pricing, will be tracked in your admin area. At the end of your event Service will forward an invoice for collection of the fees owed by you (organizer). Invoices will be sent via email to your registered email address on a monthly basis and it is payable within 15 days of receipt of the payment. In case of non-receipt of payments, Service will terminate the account including all current events and might also take other measures to recover the dues as appropriate.
You also understand that Service will not refund any fee that has already been remitted against cancelled / refunded orders.