Terms of Use

1. Introduction

Welcome to the People’s Racing site peoplesracing.com (“Website”)! These Terms of Use (these “Terms”) are a legally binding contract between People’s Racing, LLC (“People’s”) or its applicable affiliate that owns or controls the applicable Website (as defined below) that you may be accessing or using (“People’s”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs and (if applicable) the corporate entity you represent (“you” or “your”), on the other hand. 

Please note: Section 10 of these Terms governs disputes between us, and contains an arbitration clause and class action waiver that requires you and People’s to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.

Certain areas of the Website (and your access to or use therein) may have additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Website (as applicable, the “Additional Terms”). The Additional Terms will be posted (via a link) on the applicable Website and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a specific Website, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website.

Please also review People’s Privacy Policy (the “Privacy Policy”), which governs People’s collection and use of your personal information. Registration data and certain other information about you is subject to our Privacy Policy. You understand that through your access or use of the Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information.

2. Acceptance of the Terms, Additional Terms, and Privacy Policy

Your acceptance of these Terms, the Additional Terms, and the Privacy Policy is an express condition of, and governs your access to and use of, People’s (a)(i) websites, portals, applications (including mobile applications), channels, software, and widgets (including as embedded on sites owned by third parties), and (ii) social media pages and channels (collectively, the “Websites”), and (b) any services, features, media, functions, content, tools, and links contained in or offered via the Websites. By accessing, using, or downloading any of the Websites, you hereby expressly acknowledge and agree to be bound by all of the terms and conditions of these Terms, the Additional Terms, and the Privacy Policy. If you do not accept and agree to these Terms, the Additional Terms, and/or the Privacy Policy, you may not access or use any of the Websites. If you violate any provision of these Terms, the Additional Terms, and/or the Privacy Policy, People’s may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Websites in whole or in part.

3. Changes to the Terms, Additional Terms, and Privacy Statement

From time to time, we may make changes to these Terms, the Additional Terms, or the Privacy Policy. When we make material changes, we will do our best to notify you by email, but any changes will take effect immediately once posted to the Websites. Continued use of any of the Websites following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

4. Eligibility

Except as otherwise provided herein, the Websites are intended solely for and only available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Please check the applicable Additional Terms, if applicable, for such Websites for further information. You may be asked to verify that you are over the applicable age limit during your use of the Websites and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Websites are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Websites is also of legal age as described above, and agree not to invite participation from anyone not of legal age as described above.

If you are using the Websites on behalf of a business, you represent that you have the authority to bind the business to these Terms, the Additional Terms, the Privacy Policy, and any other related or pertinent agreements. The applicable business agrees to hold harmless and indemnify People’s and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Websites or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for all actions taken under your access to the Websites.

5. Electronic Communications

By accessing or using the Websites, you consent to receiving communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites. By accessing or using the Websites, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. SERVICE CONTENT AND PURCHASES

We strive to be as accurate as possible with our product descriptions and pricing information listed on the SIte. However, we do not warrant that product descriptions, pricing information, or other content listed are accurate, complete, reliable, current, consistent, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed. We reserve the right to discontinue the sale of any product listed at any time without notice.

We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.

Product prices offered may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges. State and local sales or use taxes that may apply to your order.

All items purchased, earned, or otherwise ordered from the Site are made pursuant to the terms of the specific shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 

7. Disclaimers and Acknowledgments

Acknowledgment of the Laws of Your Location

You must abide by and follow the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located in order to use the Websites. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of your place of location while using the Websites.

8. Licensing and Intellectual Property

Content Descriptions

For purposes of these Terms: (i) “People’s Content” means Content that we create or is otherwise owned by us or licensed to us that we make available in connection with the; (ii) “Third Party Content” means Content that originates from parties other than People’s or users of any of the Websites, which is made available in connection with the Websites and not otherwise owned by us; and (iii) “Website Content” means all of the Content that is made available in connection with the Websites.

People’s Ownership of People’s Content

We own the People’s Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Website Content, computer code, products, software, data, and all other elements and components of the Websites, but excluding User Content and Third-Party Material (as defined below). We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the People’s Content, and the Websites which are protected by copyright, trade secret, patent, trademark, and all other applicable intellectual property and proprietary rights and laws. For the avoidance of doubt, the IP Rights owned by People’s includes all metadata or compilation data generated from the Websites (the “People’s Metadata”). As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the People’s Content, Websites, or any of the IP Rights of People’s, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights relating to the People’s Content, the Websites, and all such rights are retained by us.

Third-Party Materials

The Websites might display, include, or make available Third-Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Third-Party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that People’s is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. People’s does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and you access and use them entirely at your own risk.

9. Copyright Infringement

It is People’s’ policy, in appropriate circumstances and at its discretion, to disable, eliminate access to, and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, People’s will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.

If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to People’s in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, People’s will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—provide a comprehensive list of the copyrighted works that you claim have been infringed.

  2. Identify the material that you claim is infringing (i.e., the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites where such material may be found.

  3. Provide your mailing address, telephone number, and, if available, email address.

  4. Include both of the following statements in the body of the Notice: a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” b. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  5. Provide your full legal name and your electronic or physical signature.

  6. Deliver this Notice, with all above items completed, to People’s California, LLC 3843 S. Bristol St. #494 Santa Ana, CA 92704.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by People’s in connection with the Notice and allegation of copyright infringement.

10. Indemnification and Release

You agree to indemnify and hold People’s and its affiliates (and their respective owners, directors, managers, officers, partners, employees, independent contractors, agents, successors and assigns) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including but not limited to attorneys’ fees and court costs) known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or relating to: (i) your use or misuse of the Websites; (ii) your breach or violation of these Terms, the Additional Terms, or the Privacy Policy; or (iii) your violation of applicable laws or regulations.

People’s will use reasonable efforts to notify you of any such claim for which People’s seeks indemnification hereunder upon becoming aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. People’s reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of People’s.

You hereby release and forever discharge People’s (and its owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to any interactions with, or act or omission of, other Websites or Third-Party Materials.

11. Dispute Resolution

THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND PEOPLE’S ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.

Overview of Dispute Resolution Process

People’s is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (i) an informal negotiation directly with People’s’ customer service team; and (ii) a binding arbitration administered by the American Arbitration Association (“AAA”).

Pre-Arbitration Dispute Resolution and Notification

In the event a dispute arises out of or relates to these Terms, the Additional Terms, the Privacy Policy, or your use of the Websites, you and People’s, in good faith, agree to first attempt to resolve the dispute between ourselves through informal direct discussions prior to the initiation of arbitration. If, after a good faith effort to negotiate, either you or People’s feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules (as defined below).

Agreement to Arbitrate

In the event we cannot resolve a dispute through direct informal discussions, you and People’s (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms—including the applicability, breach, termination, validity, enforcement or interpretation thereof—or the use of the Websites (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide this issue.

Exceptions to Arbitration Agreement

The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or People’s’ right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.

Arbitration Rules and Governing Law

This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the AAA in accordance with the AAA Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

12. Jury Trial Waiver

The Parties acknowledge and agree to waive the right to a trial by jury as to all arbitrable Disputes.

13. No Class Actions or Representative Proceedings

The Parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general action, or any other representative proceeding as to all Disputes. Unless the Parties both otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” waiver or the “private attorney general action” waiver or the “representative proceeding” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

14. Severability / No Waiver

Except as provided above with respect to the “class action lawsuit” or “class-wide arbitration” waivers, if any provision of the Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect.

15. Survival Past Termination

Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of these Terms.

16. Disclaimer of Warranties

You expressly acknowledge, understand, and agree that:

  1. To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Websites is assumed by you and remains with you.

  2. THE WEBSITES ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS. People’s and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and quality of service, or any other potential or actual warranty of any kind.

  3. People’s and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents make no guarantee or warranty that: (a) the Websites will satisfy your needs and requirements or will be compatible with your equipment; (b) the Websites, and all affiliated websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions; (c) the information, data, or results realized or obtained from your use of the Websites will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose; (d) the quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Websites will meet your expectations; (e) that any offer made or message sent will be successfully transmitted, received, and processed; and (f) any errors in the guidelines, software, or protocols will be corrected or resolved.

  4. People’s is unable to guarantee consistent, continuous, or secure access to its websites, applications, services, programs, content, and network, and operation of the Websites may be interfered with or delayed by numerous potential factors outside of People’s’ control.

  5. Any product or program downloaded or otherwise obtained through the use of the Websites is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.

  6. All content, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from People’s or from the Websites, or relevant social media pages is intended for informational and educational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an attorney for legal advice regarding your individual situation and/or a doctor or other qualified health care provider if you have any questions about any medical conditions.

 

17. Limitation of Liability

You expressly acknowledge, understand, and agree that:

  1. People’s and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall bear no liability whatsoever, whether in contract, warranty, tort (including negligence), product liability, or any other legal theory for any costs or damages of any kind resulting from technical disruptions, computer malfunctions, computer viruses, third-party modifications to the Websites, or any other event beyond People’s’ reasonable control.

  2. People’s and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall not be liable to you (or any third party you represent) for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, or other damages, including, but not limited to, computer damage or system failure, damages for loss of opportunity, reputation, profits, goodwill, use, valuation, tax benefit, data, or other intangible losses (even if People’s has been advised of the possibility of such damages) arising out of or related to: (a) these Terms, the Additional Terms, and the Privacy Policy; (b) the use of or the inability to use the Website; (c) the cost to procure substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages, e-mails, reviews, postings, comments, or other communications received, or transactions entered into via the Websites; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the Websites; (f) the failure of the network or the Websites to timely process an offer; or (g) any other matter relating to the Websites.

  3. Neither People’s nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors is a party to any transactions made between Retailers and Consumers. Neither People’s nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall be liable for any defaults, costs, the contents of any documents, or interactions between or among users, including users, listings, physicians, and all related parties.

  4. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE AMOUNT OF OUR TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE ADDITIONAL TERMS, THE PRIVACY POLICY, OR YOUR USE OF THE WEBSITES IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) $100.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and People’s. Some states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.

18. Choice of Law; Venue

Except as otherwise provided in Section 10, these Terms, the Additional Terms, and the Privacy Policy shall be governed by the laws of the State of California without regard to its conflict of law provisions. Judicial proceedings that are excluded from the Arbitration Agreement in Section 10 must be brought in state or federal court in Orange County, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Orange County, California.

19. Entire Agreement

These Terms, in addition to any applicable Additional Terms and the Privacy Policy and  any other agreements between you and People’s with respect to the Websites, constitute the entire and exclusive understanding and agreement between you and People’s regarding the Websites.

20. No Waiver

The failure of People’s to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of People’s. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and People’s.

22. Support or Maintenance

You acknowledge and agree that People’s will have no obligation to provide you with any support or maintenance in connection with the Websites.

23. Severability

Except as otherwise provided in Section 10, if any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.

24. Captions

The section titles in these Terms are for convenience only and have no legal or contractual effect.

25. Contact Us

You can contact use by filling out the form on the Website or email us at info@peoplesracing.com.