Terms of Use

Effective as of January 23, 2015

Racing Hearts (the “Company,” “Racing Hearts,” “our” and similar terms of meaning) is a 501(c)3 nonprofit which advocates and empowers access to saving lives with Automated External Defibrillators (“AEDs”).

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RACING HEARTS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS OF USE AND THE BELOW ELIGIBILITY REQUIREMENTS, YOU ARE PROHIBITED FROM USING THIS SITE.

Your use of the Racing Hearts’ website, including any related subsite, service or feature thereto and all content and software associated therewith (the “Site”), Racing Hearts’ related android and iPhone application (the “App”), and related content, software, applications, widgets, materials and/or services (together with the Site, the “Service”) constitutes your agreement to these terms, conditions, covenants, policies and notices (the “Terms”). If you use the Service on behalf of a company or organization (an “Organization”), your use of the Service additionally constitutes the Organization’s agreement to the terms.

This Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using this Service, you represent and warrant that you are of legal age to form a binding contract with Racing Hearts and meet all of the foregoing eligibility requirements. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST MAKE SURE THAT YOUR PARENT OR GUARDIAN ACCEPTS THE TERMS OF USE ON YOUR BEHALF PRIOR TO YOUR USE OF THE SERVICE. If you do not meet all of these requirements, you must not access or use the Service.

Your use of the Service is subject to this Terms of Use and Racing Hearts’ Privacy Policy, incorporated herein by this reference. You must accept the Privacy Policy and the Terms of Use (collectively, the “Agreements”) prior to using the Service.

INDEX

  1. This Site Does Not Provide Medical Advice or Access to Treatment
  2. Grant of a Limited License
  3. License Limitations
  4. Account Use and Security
  5. Data and Intellectual Property Ownership
  6. No Ownership Rights in Account
  7. User Content
  8. Content Screening and Disclosure
  9. Third Party Websites, Apps or Resources
  10. Notice of Infringement – DMCA Policy
  11. Changes to Terms of Use
  12. Termination
  13. Limits of and Reliance on Information Posted
  14. Warranty Disclaimer
  15. Limitation of Liability
  16. Indemnification
  17. Equitable Remedies
  18. Dispute Resolution and Governing Law
  19. Governing Law
  20. General Provisions
  21. Contact
  1. The Site Does Not Provide Medical Advice or Access to Treatment

The contents of the Site, such as text, graphics, images, information obtained from the Site users, and other material contained on the Site (“Content”) are for informational purposes only. None of the Provider Parties (defined below) acts as a doctor, physician or health provider for you or any other user. The Provider Parties are not engaged in rendering any medical advice, diagnosis, treatment or access to medical equipment, and your use of the Service does not make you a patient of Racing Hearts. No statement in the Service is to be construed as medical advice, diagnosis or treatment. Information in the Service is for educational and informational purposes only and is not equivalent to nor a substitute for professional medical advice, diagnosis or treatment. Information in the Service is not intended to be used where imprecise or incomplete data may lead to personal injury or death. Always seek the advice of a doctor or other qualified health provider with any questions you may have regarding a medical condition. Never delay seeking the advice of doctor or other qualified health provider or disregard advice from doctor or other qualified health provider because of information in the Services. If you think you may have a medical emergency, call 911 immediately.

  1. Grant of a Limited License

Subject to your agreement to and continuing compliance with the Agreements, Racing Hearts hereby grants you a personal, non-exclusive, non-assignable, non-transferable license to access and use the Service for your personal and non-commercial use only. You may not use the Service for any other purpose, including any way that breaches the Privacy Policy or any other agreement applicable to the Service. The license in this Section 2 is revocable by Racing Hearts at any time.

[The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Racing Hearts, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Racing Hearts acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Racing Hearts acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Racing Hearts not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the App. You and Racing Hearts acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.]

  1. License Limitations

The license granted to you in Section 1 above is subject to the limitations as set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service in violation of the License Limitations or the Agreements will be regarded as an infringement of Racing Hearts’ rights. The above granted license in Section 1 does not grant you the right to, and you hereby agree that you will not, under any circumstances: 

  1. download, other than through page caching necessary for personal use, or as otherwise expressly permitted by the Terms of Use, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service, without Racing Hearts’ express prior written consent;
  2. sell, relicense, distribute, transmit, stream, provide access to or disclose the Service or place any portion on any server, “cloud-based” service, website or retrieval system;
  3. duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
  4. use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through Service without prior written permission from Racing Hearts, or such third party that may own the trademark, trade name, slogan, logo, image, and service mark;
  5. attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
  6. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  7. use the Service in any way that would affect us adversely or reflect negatively on us, the Service, our goodwill, our employees or moderators, our name or reputation, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service;
  8. violate any applicable law or regulation in connection with your use of the Service; or
  9. use the Service in any way not expressly permitted by the Terms of Use.
  1. Account Use and Security

There may be portions of the Service that require you to provide Racing Hearts with certain personal information to create an established relationship between you and the Service (an “Account” or “registering”). You agree that you will supply truthful, accurate and complete information to Racing Hearts, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Racing Hearts reserves the right to terminate the Terms of Use, your Account, and/or your use of the Service.

You are responsible for maintaining the confidentiality of your Account information and for all activities which occur through the use of your Account. You may not lease, assign, sell, transfer, rent, share or provide access to, directly or indirectly, your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Service.

You agree that all information you provide to create an Account with the Service or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

  1. Data and Intellectual Property Ownership

As between Racing Hearts and the user, Racing Hearts owns, has licensed, or otherwise has rights, title and interest in and to the Service and all of the content that appears on the Service. You agree that you have no right, title or interest in or to the Service and any such content, including without limitation any other attributes associated with any Account or stored on the Service.

All software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by Racing Hearts and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Racing Hearts on the Service, or in connection with the Service are the exclusive property of Racing Hearts and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. Racing Hearts and its licensors reserve all rights in connection with the Service and its content (other than User Content), including, without limitation, the exclusive right to create derivative works therefrom. 

The Racing Hearts name, the Racing Hearts logo and all related names, logos, product and service names, designs and slogans are trademarks of Racing Hearts or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Racing Hearts. Any images of persons or personalities contained on the Service are not an indication or endorsement of Racing Hearts or any particular product or our Service unless otherwise indicated.

  1. No Ownership Rights in Account

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE RACING HEARTS PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RACING HEARTS. Racing Hearts does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.

  1. User Content

Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to Racing Hearts (collectively, “User Content”) shall be deemed, and shall remain, the property of the user from the moment of creation. Accordingly, you hereby grant Racing Hearts a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity). To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.

You shall not (and shall not permit any third party to) create, upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Service, that:

  1. infringes any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty (see our Notice of Infringement - DMCA policy below);
  2. you know is false, misleading, untruthful or inaccurate;
  3. includes anyone’s identification documents or sensitive financial information.
  1. Content Screening and Disclosure

Racing Hearts does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications when you are on the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION IP ADDRESSES AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect Racing Hearts’ legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

  1. Third Party Websites, Apps or Resources

The Service may provide links to other websites, apps or resources by third parties. These third party websites, apps and resources are provided for your convenience only. The third party websites, apps and resources are not reviewed, controlled, examined, sponsored, or endorsed by Racing Hearts and Racing Hearts is not responsible for the information, advertising, products, resources or other material of any third party website, app or resource, or any link contained in a third party website, app or resource. The inclusion of any website, app or resource does not imply endorsement of the owner/sponsor of the website, app or resource or its content by Racing Hearts. YOUR USE OF ANY SUCH THIRD PARTY WEBSITES, APPS OR RESOURCES IS AT YOUR OWN RISK. None of the Provider Parties shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such websites, apps or resources. 

  1. Notice of Infringement – DMCA Policy

Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to Racing Hearts’ copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

  1. identification of the copyrighted work that is claimed to be infringed;
  2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
  3. information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
  4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
  5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
  6. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.

Notices of copyright infringement claims should be sent by mail to: Racing Hearts, Attn: [ ˜ ] Copyright Agent], [[ ˜ ] physical address]; or by email to [ ˜ ]. Racing Hearts will respond expeditiously to claims of copyright infringement using the Service that are reported to Racing Hearts’ copyright agent in the notification explained above. It is Racing Hearts’ policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

  1. Changes to Terms of Use

Racing Hearts may revise and update the Terms of Use at any time in our sole discretion. Racing Hearts will publish such revisions and updates from time to time. You are expected to check this page each time you access the Service so you are aware of any changes, as they are binding on you. By continuing to use the Service after any such publication, you are agreeing to be bound by the then current version of the Terms of Use. If you do not agree to the changes, then you must immediately stop using the Service and delete or destroy all Accounts and information obtained from the Service, including copies thereof.

  1. Termination

The Terms of Use is effective until terminated. You may terminate the Terms of Use by discontinuing your use of the Service and affirmatively cancelling all accounts, features or services to which you are subscribed.

Racing Hearts reserves the right to terminate the Terms of Use, and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of your Account and/or the Service, at any time, effective immediately, with or without notice, for any or no reason whatsoever. If Racing Hearts terminates or restricts your use and access of the Service, then you must immediately stop using all portions of the Service, delete the App from your Android or iPhone, and return to Racing Hearts any downloaded materials in your possession, custody or control whether in electronic or printed format.

  1. Limits of and Reliance on Information Posted

The information contained on the Service involves the assembly of many data elements and is subject to human error. Racing Hearts cannot guarantee and does not warrant the accuracy, availability, completeness, timeliness or usefulness of the information in the Service. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. Racing Hearts has no obligation to update information in the Service. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

  1. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NONE OF THE PROVIDER PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE PROVIDER PARTIES ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, YOUR DEVICE IN CONNECTION WITH YOUR VIEWING OF OR ACCESS TO OR USE OF THE SERVICE.

  1. Limitation of Liability

RACING HEARTS IS NOT RESPONSIBLE FOR DAMAGES OR INJURIES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL RACING HEARTS, ITS SUBSIDIARIES, AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICE (THE “PROVIDER PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THE TERMS OF USE, THE SERVICE OR USE OF THE SERVICE OR THE DELAY OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF ONE OR MORE PROVIDER PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

RACING HEARTS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT. UNDER NO CIRCUMSTANCES WILL THE PROVIDER PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RACING HEARTS IS TO STOP USING THE SERVICE AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU. IN NO EVENT SHALL ANY OF THE PROVIDER PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF $1,000. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS WARRANTY AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

  1. Indemnification

YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS PROVIDER PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, causes of action, demands, liabilities, taxes, obligations, DAMAGEs, LOSS, FINES OR PENALTIES IMPOSED BY A COURT OF COMPETENT JURISDICTION OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) and all amounts paid in investigation, defense or settlement of any of the foregoing ASSERTED BY ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SERVICE OR ANY BREACH BY YOU OF THE TERMS OF USE OR ANY APPLICABLE LAWS OR ANY UNAUTHORIZED USE OF THE SERVICE.

  1. Equitable Remedies

In the event that you breach the Terms of Use, you hereby agree that Racing Hearts would be irreparably damaged if the Terms of Use were not specifically enforced, and therefore you agree that Racing Hearts shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms of Use, in addition to such other remedies as Racing Hearts may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with the Terms of Use and consistent with Section 17, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

  1. Dispute Resolution

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in San Francisco, California. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. 

You and Racing Hearts agree that any arbitration shall be limited to the Dispute between Racing Hearts and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

  1. Governing Law

Except as expressly stated otherwise, the Terms of Use shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

  1. General Provisions
  1. Export Restrictions. Software from the Service is further subject to United States export controls.  You agree not to export or re-export any part of the software from the Service provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable U.S. export laws, rules and regulations. No software from the Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Service, you represent and warrant that you are not located in, under the control or, or a national or resident of any such country or on any such list.
  2. Assignment. Racing Hearts may assign the Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms of Use, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Service, and any attempt to the contrary is void.
  3. Severability. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
  4. No Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  5. Entire Agreement. The Terms of Use is the complete and exclusive statement of the agreement between you and Racing Hearts concerning the Service, and the Terms of Use supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Racing Hearts; provided, however that the Terms of Use is in addition to, and does not replace or supplant, Racing Hearts’ Privacy Policy. The Terms of Use may only be modified as set forth herein.
  6. Headings. The section headings used herein are for reference only and shall not be read to have any legal effect.
  7. Apple. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and by accepting the Terms of Use, you acknowledge that Apple and Apple’s subsidiaries will have the right (and are deemed to have accepted the right) to enforce the Terms of Use against you as a third party thereof.
  1. Contact

RACING HEARTS

PHONE: (650) 308-4183

EMAIL ADDRESS: info@racinghearts.org

[I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.]