Terms and Conditions of Use

1. Terms

By accessing this web site provided by Pukka Software ("RaceHero"), you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You further hereby certify that you are at least 18 years of age. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Copyright

All content included on RaceHero, such as text, graphics, logos, button icons, images, audio clips and software, is the property of RaceHero or its content suppliers and protected by U.S. and international copyright laws. All software used on RaceHero is the property of RaceHero or its software suppliers and protected by U.S. and international copyright laws.

3. Use License

Permission is granted to view materials on RaceHero for personal, non-commercial transitory use. This is the grant of a license, not transfer of title, and under this license you may not:

  1. modify or copy the materials;

  2. use the materials for any commercial purpose without prior written permission from Pukka Software;

  3. attempt to decompile or reverse engineer any software contained on RaceHero;

  4. remove any copyright or other proprietary notations from the materials; or

  5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by RaceHero at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any RaceHero materials in your possession whether in electronic or printed format.

4. Disclaimer

The materials on RaceHero are provided "as is". RaceHero makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RaceHero does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the web site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

In no event shall RaceHero or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on RaceHero, even if RaceHero or a RaceHero authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials appearing on RaceHero could include technical, typographical, photographic, or other types of errors. RaceHero does not warrant that any of the materials on its web site are accurate, complete, or current. RaceHero may make changes to the materials contained on its web site at any time without notice. RaceHero does not, however, make any commitment to update the materials.

7. Links

RaceHero has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RaceHero of the site. Use of any such linked web site is at the user's own risk.

8. Cookies

Our Site may use web browser "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

9. Site Terms of Use Modifications

RaceHero may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Governing Law & Dispute Resolution.

Any claim relating to RaceHero shall be governed by the laws of the State of California without regard to its conflict of law provisions. If an irresolvable dispute arises between you and RaceHero regarding any matter under these terms and conditions, you agree to submit the matter to binding arbitration before a single arbitrator from the American Arbitration Association under California Code of Civil Procedures 1283.05. The arbitration, including the rendering of an award, shall take place in San Francisco, California. A judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party is entitled to recover the arbiter's fees.

11. Assignment

RaceHero may freely assign its rights and obligations under these terms and conditions and upon such assignment RaceHero may be relieved of any further obligation hereunder.

12. Miscellaneous

If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Agreement, it will not be considered a waiver.

13. Contact Information

Pukka Software
15 Arcangel Way
San Rafael, CA 94903

info@racehero.io