Terms of Use

The following Terms of Use and Privacy Policy, as contained herein on this webpage, shall govern your use of the website known as “www.motorsportscoach.com”, including all pages within this website, which is wholly owned and operated by MotorsportsCoach, LLC. The website, “www.motorsportscoach.com” shall hereinafter be referred to as the “Site”. Motorsports Coach, LLC, its affiliates and subsidiaries, both individually and collectively, shall hereinafter be referred to as “Company”, “us” or “we”. You, the visitor to this Site, and/or actual or potential customer of the services provided herein shall hereinafter be referred to as “user” or “you”. Customers of this Site (hereinafter known as “Clients”) are people or organizations who seek to retain the services of professional motorsports coaches. These Terms of Use shall hereinafter be referred to as the “Terms”. You and the Company shall collectively be referred to as “the Parties”.

YOU ARE ADVISED TO CAREFULLY READ THESE TERMS AND THE PRIVACY POLICY BEFORE USING THIS SITE SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS IN RELATION TO YOUR USE OF THE THIS SITE AND YOUR RELATIONSHIP OR POTENTIAL RELATIONSHIP WITH THE COMPANY. By accessing, downloading or otherwise using the Site in any way, you agree to become bound by these Terms and the Privacy Policy. You may not use this Site if you do not agree with or have any objection(s) to these Terms and the Privacy Policy. Please contact [email protected] if you require additional information. The Company and Site reserve all of their rights, including those not specifically enumerated herein.

A. Your Acceptance of These Terms of Use and the Privacy Policy

By using or visiting this Site in any way, you signify your agreement to both these Terms and the Privacy Policy. These Terms and the Privacy Policy apply to all users of the Site, including users who contribute content, information, and other materials or services on the Site. You agree that these electronic Terms and the Privacy Policy, combined with your act of accessing and/or using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You agree that you shall not challenge the validity, enforceability, or admissibility of these Terms or the Privacy Policy on the grounds that they were electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to read and print these Terms and the Privacy Policy.

If you are accessing the Site on behalf of your business or the business of your employer, you agree that such actions shall be deemed to be authorized actions by and on behalf of your business or your employer.

By accessing this Site, you acknowledge that the Company has the right to seek all remedies available at law and in equity for violations of these Terms.

B. Age Restriction

Use of this Site is restricted to individuals over the age of 18. By using this Site, you affirm that you are over the age of 18. If you are not over the age of 18, you are prohibited from using this Site.

The preceding paragraph notwithstanding, the coaching and training services offered through the Company and this Site ARE available to persons under the age of 18. Coaches may work with and train Clients under the age of 18 so long as those Clients have the permission of their parent(s) or guardian(s). However, parent(s) or guardian(s) must use the site and arrange for the services offered herein on behalf of their children under the age of 18.

C. Website Intellectual Property

Other than content which you contribute to the Site, under these Terms, the Company and/or its licensors own and expressly reserve all rights to the intellectual property and material contained in this Site, including but not limited to the text, documents, files, products, software, graphics, photos, sounds, videos, interactive features, services, trademarks, service marks and logos. This section shall survive the termination of these Terms. By using this Site, you acknowledge that the content on this site is and shall remain the property of the Company and/or its licensors and is protected by copyright, trademark, patent and/or other intellectual property laws. Users may download a single copy of the site content onto any single computer or other device for the user’s personal use, provided that the user preserves all copyright and proprietary notices in their entirety and complies with all other Terms. All trademarks and service marks on the Site which are not owned by the Company are the property of their respective owners. Trademarks, tradenames and service marks owned by the Company, regardless as to their registration status, may not be used in conjunction with any product or service that is not affiliated with the Company or in any manner that may confuse the Company’s customers, potential customers or users of the Site. No content contained on the Site shall be construed as granting any license or right to use the Company’s tradenames, trademarks or service marks. Usage of the Company’s tradenames, trademarks or service marks is expressly prohibited absent prior express written approval from the Company.

D. Restrictions on Your Use of this Website

Company hereby grants you permission to use the Site provided that you will not: (i) copy, distribute or modify any part of the Site without prior written authorization from the Company; (ii) publish, copy, distribute, transmit or broadcast any Site material in any media or other form without prior written authorization from the Company; (iii) use the Site to send any unauthorized advertisements, spam or other similar solicitations; (iv) use this Site in any way that damages this Site or its servers and networks, the Company and other users of the site, including but not limited to the transmission of viruses or other harmful computer code, files or programs; (v) use this Site in contravention with applicable laws and regulations, including but not limited to the laws and treaties of the United States and the laws of the Commonwealth of Kentucky; (vi) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site including but not limited to the collection of personally identifiable information of other users of the Site, their names, addresses, birthdates, phone numbers and e-mail addresses; (vii) attempt to circumvent the established Internet security measures employed to protect this Site; (viii) use any automated system that accesses the Site in such a way that it sends more data to the Site’s Servers than can be reasonably produced in the same time period using a conventional web browser; and, (ix) otherwise use the Site in any way that violates these Terms or the Privacy Policy.

E. Member Accounts

You may be required to create an account with the Site in order to access all of its features. You are required to accurately provide us with the requested information in order to create an account. You are under a continuing obligation to maintain and update the requested account information as needed in order to keep it accurate and up to date. You are forbidden to impersonate another person or otherwise misrepresent your identity or affiliations with respect to your user account, including but not limited to the usage of the name or likeness of another person. You are solely responsible for any activity that occurs with respect to your account. You are required to keep your password secure. You are required to immediately report any breaches of security with respect to your account or any unauthorized access of your account. You agree to be liable for any use of your account and/or password that results in harm or injury to others, including but not limited to the Company and other users. The Company will not be liable for harm caused by unauthorized use of your account and you may be liable for any losses incurred by the Company or others due to any unauthorized use of your member account. You are forbidden to use the account of another person without the account owner’s express permission.

You agree that the Company, at its sole discretion, has the right to restrict, prevent or terminate your member account or access to this site generally at any time, without notice to you.

F. Content on Site

By submitting content to the site, with respect to such content, you expressly grant the Company a royalty free, perpetual, irrevocable, worldwide, non-exclusive, transferable and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, or incorporate such content into other works. By submitting content to the site, you warrant to the Company that you own or otherwise have secured all legal rights necessary for said content to be used by you, the Company and others as described or contemplated by these Terms. You are solely responsible for all content you submit to the Site. You agree that all ratings and reviews you post shall be accurate, honest and based on your personal, first-hand experiences. You acknowledge that the Company has the right to publish or otherwise disseminate to others, and/or the public, your name and contact information in relation to content that you submit to the Site. You acknowledge that the Company has the right to remove content you submit at its discretion, including but not limited to reviews and ratings. You grant the Company all rights needed to prevent the duplication, publication or reproduction of any content you submit. You agree not to submit content depicting the likeness of other persons without the express permission of those persons or their parents/guardians, if such persons are under the age of eighteen (18). You agree not to submit content which may be considered libelous, abusive, threatening, harassing, obscene, profane, defamatory, illegal, or that violates the rights of any other person or entity. You agree not to submit reviews or ratings in exchange for compensation or consideration in any form.

By using the Site, you acknowledge that much of the content that appears on the Site was not created by the Company and that some content is created by users, customers, members and racing coaches. You acknowledge that the Company does not guarantee the accuracy or veracity of the content appearing on the Site and has no obligation to review, approve or remove said content. You acknowledge that the Company is not responsible, nor does it control, the content appearing on the Site that it does not create. You acknowledge that user-submitted content appearing on the site does not necessarily reflect the opinions or positions of the Company or its managers, employees and agents.

You acknowledge that the Company has no obligation to preserve content submitted by users to the Site and, at any time, the Company may permanently delete such content at the Company’s discretion.

You understand that you may be liable for damages (including costs and attorneys’ fees) for submitting unlawful and/or defamatory content to the site, or misrepresenting that content appearing on the site is unlawful. You should consult with an attorney to determine whether your actions conform with applicable laws.

G. Search Engines.

The Company grants the operators of public search engines permission to use spiders to copy material from the Site for the limited purpose of creating publicly available searchable indices of the materials featured on the Site. However, the Company does not grant anyone permission to create caches or archives of the materials featured on the Site.

H. Modification or Revocation of Terms and Site Policies

The Company reserves the right to amend these Terms and the Privacy Policy at any time, in its sole discretion. The Company further reserves the right to revoke any permissions granted by the Terms. You agree to periodically check this page for updates to these Terms. When the Terms are modified, the Company will update the ‘last modified’ date on this page. If modifications are unacceptable to you, your sole remedy is to cease using the Site and to terminate your users accounts.

The Company reserves the right to, without notice and in its sole discretion, modify or discontinue any and/or all services offered by the site at any time. Coaches will receive refunds for amounts they prepaid for their listings, profiles and/or other services the Company offers Coaches if all services offered herein are cancelled, or if the services offered herein are otherwise materially altered to the extent that a Coach requests a refund.

Through your use of the Site, application for Site membership and contracting for services between Clients and Coaches, you may affirmatively agree to other terms and conditions with respect to the Site and your interaction with the Company. You agree that these Terms shall remain in effect despite other affirmative agreements you may made while using the site and that these Terms shall apply unless (i) expressly disclaimed by provisions within these Terms, (ii) contradicted by provisions within other terms that you may agree to while using the Site or its services, or (iii) a provision within other terms you agree to with respect to this Site contradicts a provision within these Terms, in which case the parties agree that the putative contradicting terms shall be construed in such a way that, if possible, no actual contradiction exists and if there is no way to construe the putative contradicting terms, the other term provision(s) (rather than the provision(s) of these Terms) shall be the controlling term.

I. No Warranty, Limitation on Liability, User/Client Waiver of Rights.

YOU ARE ENCOURAGED TO CAREFULLY READ THIS SECTION AS IT PROVIDES INFORMATION ON THE RIGHTS YOU HAVE AND THE RIGHTS YOU ARE AGREEING TO WAIVE BY USING THIS SITE AND/OR THE SERVICES RENDERED BY THE COMPANY.

This Site and the Company’s services are provided to you on an “as is, as available” basis without warranties of any kind, either express or implied, including but not limited to warranties relating to merchantability or fitness for a particular purpose. While the Company takes reasonable measures to make your use of the Site safe, the Company does not represent or warrant that the Site or the servers and equipment that operate the Site are free of viruses or other harmful computer code or programs.

You expressly assume all risks associated with the use of this Site and the use of the services provided by this Site. Under no circumstances, including negligence, shall the Company be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or inability to use this Site, nor shall the Company be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, whether or not caused by events beyond its reasonable control, including but not limited to acts of god, communications line failure, theft, destruction or unauthorized access to this site’s records, programs or services.

You agree to use the content of this site, including reviews, profiles and/or any other content related to racing coaches, at your own risk and you acknowledge that the Company is not obligated to review or approve said content and the Company does not guarantee the accuracy or veracity of the content that appears on this Site. You agree that the Company will in no way be held liable for errors and/or omissions that appear in Site content. You agree that the Company will in no way be held liable for anything that appears in Site content that was not created by the Company, including but not limited to content containing inaccurate information, defamatory content or confidential information. You understand that you have been cautioned to use your own judgment when using the content of this Site, including but not limited to your selection of coaches or your determination to participate in various motorsport activities.

YOU EXPRESSLY ACKNOWLEDGE THAT ENGAGING IN MOTORSPORTS IS AN INHERENTLY DANGEROUS ACTIVITY AND AN ABNORMALLY DANGEROUS ACTIVITY THAT SHOULD ONLY BE UNDERTAKEN WITH PROPER TRAINING AND SAFE, WELL MAINTAINED AND APPROPRIATELY SERVICED VEHICLES AND EQUIPMENT, AMONG OTHER SAFETY PROTOCOLS AND PROCEDURES. YOU AGREE TO HOLD THE COMPANY HARMLESS AND WAIVE YOUR RIGHT TO ASSERT A CLAIM AGAINST THE COMPANY RELATED TO DEATH, BODILY INJURY OR DAMAGE THAT MAY OCCUR TO YOU, YOUR PROPERTY, OTHERS OR THE PROPERTY OF OTHERS RELATED TO YOUR PARTICIPATION IN MOTORSPORTS, RETENTION OF COACHES FOUND USING THIS SITE, OR USAGE OF CONTENT APPEARING ON THIS SITE.

While the Company seeks to provide users with access to racing coaches of the highest quality, the Company absolutely does not endorse or otherwise certify the reviews, ratings, credentials, qualifications, or safety attributes of the coaches, programs, events, vehicles or equipment which may appear on the Site. YOU AGREE TO SOLELY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THIS SITE, YOUR SELECTION OF COACHES AND YOUR PARTICIPATION IN MOTORSPORTS. FURTHER, BY USING THIS SITE, YOU EXPRESSLY WAIVE THE RIGHT TO ASSERT ANY CLAIM AGAINST THE COMPANY RELATED TO ANY INTERACTION, AGREEMENT OR TRANSACTION YOU MAY HAVE WITH A COACH; YOU ACKNOWLEDGE THAT SUCH DEALINGS ARE BETWEEN CLIENT AND COACH ONLY AND THE COMPANY IS NOT A PARTY TO SUCH INTERACTIONS, AGREEMENTS OR TRANSACTIONS.

The Company advises users and Clients to contact their auto insurance company to understand the impact that participation in various motorsports activities may have on their policy, and to determine the extent such activities are covered under their auto insurance policy. Further, the Company advises Users, Clients and Coaches to obtain insurance policies that provides coverage for damage to vehicles, damage to personal property and for personal injury that occurs while engaged in motorsports and motorsport racing.

The Company is headquartered in and organized under the laws of the Commonwealth of Kentucky in the United States. The Company makes no representation that its services are appropriate or available for use in other locations. Those who access the Site or use its services are entirely responsible for compliance with the law of their locality and any other applicable law. You are prohibited from using the Site or the services offered herein if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. If you are located outside the United States, by using this site, you are consenting to have your personal data transferred to and processed in the United States.

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS OR TO OTHERWISE JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE A RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

J. Racing Coaches, Company’s Disclaimer of Liability

This Site and the Company seek to provide a platform that connects professional motorsports Coaches with Clients who wish to retain said Coaches to teach, train and/or participate in motorsport driving, events and/or competitions. THE COMPANY DOES NOT EMPLOY ANY COACH THAT APPEARS ON THIS SITE. RATHER, EACH COACH IS AN INDEPENDENT BUSINESS ENTITY AND THE COMPANY IN NO WAY SEEKS TO EXERT ANY DEGREE OF CONTROL IN RELATION TO THE MEANS, MANNER AND METHOD THAT COACHES PROVIDE THEIR SERVICES TO CLIENTS.

The Company may receive compensation from Coaches who wish to appear on this Site as available to hire, and the Company may, from time to time, offer more prominent listings or other special features related to Coach accounts for additional fees. The amount of compensation the Company receives from a Coach may vary from Coach to Coach and from transaction to transaction and is determined by agreement between the Company and each Coach.

While the Company seeks to provide clients with high quality professional motorsports specialist, coaches and trainers, the company does not endorse coaches and is not responsible for any content submitted to the Site by Coaches. Further, the Company makes no representations as to the quality of the services provided by Coaches. Clients are encouraged to conduct their own research and investigation to their satisfaction before retaining a coach found on this Site. You acknowledge that the Company has no obligation to review and/or approve content posted by Coaches and the Company does not warrant the accuracy or veracity of content posted by Coaches. Likewise, the Company does not endorse any products or services that a Coach discusses or makes available, whether by the Coach or through a third-party vendor. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGE OR INJURY TO YOUR PERSON, YOUR PROPERTY, OTHER PERSONS, OR THE PROPERTY OF OTHERS, CAUSED BY YOUR RELIANCE ON SITE CONTENT PROVIDED BY COACHES, INCLUDING BUT NOT LIMITED TO A COACH’S ENDORSEMENT OF GOODS OR SERVICES. FURTHER, YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGE OR INJURY TO YOUR PERSON, YOUR PROPERTY, OTHER PERSONS OR THE PROPERTY OF OTHERS THAT OCCURS DURING THE COURSE OF INSTRUCTION OR ANY OTHER ACTIVITY YOU ENGAGE IN WITH A COACH FOUND ON THIS SITE;WHILE USING THE TRAINING, INSTRUCTION OR METHODS CONVEYED BY A COACH FOUND ON THIS SITE; OR, CAUSED BY YOUR RELIANCE ON STATEMENTS MADE BY COACHES AS TO THE QUALITY, SAFETY AND NATURE OF THEIR INSTRUCTION AND/OR THEIR QUALIFICATIONS FOR SERVICE AS MOTORSPORTS INSTRUCTORS. IN ADDITION, THE COMPANY EXPRESSLY DISCLAIMS LIABILITY FROM, AND YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST THE COMPANY RELATED TO ANY AND ALL DISPUTES, CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES WHICH MAY ARISE BETWEEN THE COMPANY, COACHES, CLIENTS AND OTHER USERS OF THE SITE. YOU EXPRESSLY WAIVE THE RIGHT TO ASSERT ANY CLAIM AGAINST THE COMPANY AND AGREE THAT THE COMPANY SHALL NOT BE HELD LIABLE IN RELATION TO ANY INTERACTION, AGREEMENT OR TRANSACTION YOU MAY HAVE WITH A COACH; SUCH DEALINGS ARE BETWEEN CLIENT AND COACH(ES) ONLY AND, EXCEPT FOR THE RECEIPT AND PROCESSING OF PAYMENTS FROM CLIENT TO COACH, THE COMPANY IS NOT A PARTY TO SUCH INTERACTIONS, AGREEMENTS OR TRANSACTIONS.

K. Indemnification

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, managers, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use and access to the Site and the services provided herein, including any content or data you submit; (ii) your violation of any of these Terms; (iii) your violation of any right held by third parties, including but not limited to any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, regulation or treaty of the United States or any other country, or of any state or locality within the United States; (v) use of your member account by others; and, (vi) your participation in motorsports activities or receipt of coaching services facilitated by the Company through this Site. You agree that the Company will retain the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using legal counsel selected by the Company. The Company will use reasonable efforts to notify you of any such claims, actions or proceedings upon becoming aware of the same.

L. Choice of Law, Jurisdiction and Venue; Dispute Resolution and Mandatory Arbitration; Timing of Claims

YOU ARE ENCOURAGED TO CAREFULLY READ THIS SECTION AS IT PROVIDES INFORMATION ON THE RIGHTS YOU HAVE AND THE RIGHTS YOU ARE AGREEING TO WAIVE BY USING THIS SITE AND/OR THE SERVICES RENDERED BY THE COMPANY.

You agree that the Site and all services provided herein are located in the Commonwealth of Kentucky and that Kentucky law governs these Terms, and all transactions and disputes associated with the Company or this Site. Any legal proceeding against the Company that may arise out of, relate to, or be in any way connected with the Company’s services or these Terms, after engaging in the mandatory arbitration procedures as set forth herein below, shall be brought exclusively in the state or federal courts of Louisville, Kentucky and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

Notwithstanding the terms contained in the previous paragraph, in the event of a dispute, both parties agree to first contact the other and provide a written description of the dispute, all relevant documents and other information, and a proposed resolution. You agree to contact the Company regarding disputes at MotorsportsCoach, LLC, P.O. Box 1114, Prospect, KY 40059 and will include in this communication an address and phone number at which the Company can contact you. IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE WITHIN SIXTY (60) DAYS OF THE INITIAL COMMUNICATION BETWEEN THE PARTIES REGARDING THE DISPUTE, THE DISPUTE MAY BE SUBMITTED TO ARBITRATION CONSISTENT WITH THE TERMS DESCRIBED HEREIN. YOU AGREE THAT YOU GENERALLY WOULD HAVE RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT BY USING THE SITE, YOU EXPRESSLY AGREE TO HAVE ANY DISPUTE RESOLVED THROUGH ARBITRATION.

THE PARTIES AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THE PARTIES, AND ANY CLAIM BY EITHER PARTY AGAINST AN AGENT, EMPLOYEE, SUCCESSOR OR ASSIGN OF THE OTHER, INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THIRD PARTIES WHO ARE NOT PARTIES TO THIS AGREEMENT, WHETHER RELATED TO THIS AGREEMENT OR OTHERWISE, INCLUDING PAST, PRESENT AND FUTURE CLAIMS AND DISPUTES, AND INCLUDING AN DISPUTE AS TO THE VALIDITY OF APPLICABILITY OF THIS ARBITRATION CLAUSE, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY RETIRED JUDGES & ASSOCIATES IN LOUISVILLE, KENTUCKY.

YOU AGREE THAT, TO THE EXTENT ALLOWED BY LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USAGE OF THIS SITE OR INTERACTION WITH THE COMPANY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SAID CAUSE OF ACTION IS PERMANENTLY BARRED.

You are responsible for paying for services purchased, along with applicable taxes, in a timely manner with a valid payment method. By providing the Site and/or Company a credit card or other payment method, you warrant that you are authorized to use said payment method and authorize the Company and its agents to charge said payment method for the total purchase price and for applicable taxes and fees. You are required to make purchases using valid payment methods and are under an obligation to notify the Company if you have reason to believe that your ability to make payments has been invalidated or otherwise compromised.

When a connection between Coach and Client is facilitated in any way by the Company or this Site, both the Client and Coach(es) agree that the Client shall schedule, book and pay Coach(es) through the mechanisms provided by the Site both for their initial session with a coach, and for all subsequent sessions. In addition to the rates of services advertised by individual Coaches, the Company shall levy an additional Service Fee on each transaction in order to cover credit card processing, scheduling fees and booking fees. The amount of Service Fee is based on a small percentage of the total amount of services purchased from Coaches; this percentage is not fixed and may change from time to time however is generally between 6% and 10%. The amount of Coach’s fee, Service Fee and total cost to client shall be clearly displayed to Clients before they confirm their purchase. Coaches agree and understand that funds will not be transferred to them until they use the mechanisms provided by the Site to notify the Company that the purchased services have been rendered to completion.

In addition to the above charges, some Coaches may require additional funds for travel, meal allowance and hotel allowance based on the duration of the purchased services and the proximity of the Coach to the site where services will be rendered. At this time, such negotiation and payment for the above mentioned limited expenditures must be made between Client and Coach. The Company and this Site will not process payments for a Coach’s travel funds, meal allowance and hotel allowance at this time.

IF A CLIENT WISHES TO CANCEL SERVICES THEY PURCHASED, THE CLIENT WILL RECEIVE A FULL REFUND PROVIDED THAT THE CLIENT USES THE APPROPRIATE MECHANISMS PROVIDED BY THE SITE TO NOTIFY THE COMPANY OF THE CANCELLATION MORE THAN 48 HOURS PRIOR TO THE START OF THE DAY ON WHICH THE SERVICES WERE SCHEDULED TO BE RENDERED. The start of a day occurs at 12:00 a.m. eastern time on that day. This means, for example, if training was set to commence at 9:00 a.m. on January 3, notice of cancellation must be given to the Company at or before 12:00 a.m. on January 1. Clients who submit their cancellation notices within 48 hours of the start of the day on which services are scheduled to be rendered will receive a refund of only 50% of their total purchase amount.

If a coach is unable to make a scheduled session or must cancel a session, the coach will be required to contact the client and attempt to reschedule the appointment. If there is no ability or solution to reschedule that is agreeable to the client, the client will receive a full refund on the amount paid for the relevant session booking. If a coach is unable to provide their services on the day of the reserved session and does not cancel or notify client ahead of time, MotorsportsCoach will notify the coach with an email letting him or her know that we have listed him or her as a no-show for the relevant session reservation. A coach’s account will be terminated if he or she is a no-show for 3 sessions within the same 12 month period.

All final no-show determinations will be made by MotorsportsCoach in its sole discretion.

Users, Clients and Coaches recognize that, except for the receipt and processing of payment between Client and Coach, the Company is not a party to interactions, agreements and transactions between Clients and Coaches and as such, after a Coach has rendered the purchased services to a Client, the Company is under no obligation to provide a refund to the Client for any reason. However, Client satisfaction remains the Company’s highest priority. Therefore, if a Client is, for any reason, not satisfied with the services that have been rendered by Coaches in exchange for value, the Client is encouraged to contact the Company’s customer support team at [email protected] and provide a detailed description of the situation. Thereafter, the Company shall investigate the allegations and if warranted, attempt to broker a reasonable resolution to the dispute which may or may not include a full or partial refund.

N. Severability

If any part of these Terms are unlawful or unenforceable for any reason, the Parties agree that only that unlawful or unenforceable part shall be stricken to the minimum extent necessary and that the remaining Terms shall not be affected and remain in force.

O. Failure to Act Not A Waiver

You acknowledge that the failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such a right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the company.

P. Headings

The headings contained herein are for convenience only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions enumerated herein.

Q. Notice to California Users

Pursuant to California Civil Code Section 1789.9, California users of this Site and the Company’s services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834-1924. This Site is operated by Motorsportscoach, LLC, P.O. Box 1114, Prospect, KY 40059.

R. DMCA Notice & Takedown Procedure

The Company abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of the Company’s response, the Company may remove or disable access to material residing on this Site that is claimed to be infringing, in which case the Company will make a good faith attempt to contact the person who submitted the affected material so that they may make counter notification, also in accordance with the DMCA.

The Company does not control content hosted on third party websites and cannot remove content it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with the Company’s rights and obligations under the DMCA and, in particular section 512(c), and do not constitute legal advice.

To file a notice of infringing material on a site owns or controlled by the Company, please provide a notification containing the following details:

  1. (i) Reasonably sufficient details to enable the Company to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works;
  2. (ii) Reasonably sufficient detail to enable the Company to identify and locate the material that is claimed to be infringing;
  3. (iii) Your contact information;
  4. (iv) A statement that you have a good faith belief that the use of the material identified in (ii) is not authorized by the copyright owner, its agent, or the law;
  5. (v) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  6. (vi) Your physical or electronic signature.

You may send this notice by mail to: Attn: DMCA Agent, P.O. Box 1114, Prospect, KY 40059.

You may send this notice by e-mail to: [email protected]

If material that you have posted to this Site has been taken down, you may file a counter-notification that contains the following details:

  1. (i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.;
  2. (ii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. (iii) Your name, address and telephone number;
  4. (iv) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you address is located, or, if your address is located outside of the United States, for any judicial district in which the Company may be found and that you will accept service of process from the person who submitted a notice in compliance with section (c)(1)(C) of the DMCA, as generally described above;
  5. (v) Your physical or electronic signature.

Then, send this notice to:

  1. By Mail: Attn: DMCA Agent, P.O. Box 1114, Prospect, KY 40059
  2. By E-mail: [email protected]
S. Agreement to Terms

By accessing this Site in any way, you agree that you have read these Terms and Conditions in their entirety, and further, you agree to be bound by the Terms set forth herein.