Terms of Service

Last Updated June 4, 2019

Overview

Thank you for using It Haz Fire LLC’s (“It Haz Fire”, “IHF”, “us”, “we”, or “our”) website and products. The following describes your rights and our rights associated with our services including the It Haz Fire website (the “Website”), Rallista mobile app (“Rallista”, the “App”),  and any other It Haz Fire applications and services (the “Services”).

Who's Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with It Haz Fire LLC.

Terms of Service

It Haz Fire’s website, mobile applications, and services are made available by It Haz Fire LLC  subject to It Haz Fire’s Terms of Service (the “Terms”, the “Agreement”) and Privacy Policy (the “Privacy Policy”). By using any of It Haz Fire’s services, you agree to comply and accept all items listed in both the Terms and Privacy Policy. If you do not agree with the Terms and Privacy Policy DO NOT DOWNLOAD, SIGN UP, or otherwise USE any of It Haz Fire’s websites, apps, or services.

Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or any other breach of security.

Minimum Age

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

Responsibility of Visitors and Users

We have not reviewed, and cannot review all user content (such as, but not limited to; event listings, drives and user info; event, drive and user photos; map imagery and data; navigation directions;  or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

  • We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
  • If you post Content, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
  • We disclaim any responsibility for any harm resulting from anyone’s use of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself.
  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.

Fees, Payment, and Renewal

Fees.Some of our Services are offered for a fee — such as Rallista Member and Professional - while other Services may be free with optional paid upgrades, such as a driving event larger than allowed by Rallista Professional (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you for in regular intervals (such as monthly), on a pre-pay basis until you cancel, which you can do at any time.

Taxes.To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

Payment.If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

Automatic Renewal.To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Rallista Membership monthly plan, you will be charged each month.

Refunds.While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

Fee Changes.We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with these Terms;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding driving, online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
  • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of any third party;
  • Will not interfere with, disrupt, or attack any service or network.

Specific Service Terms

Driving in Events and on Drives

Using Rallista as a driver, it is your responsibility to observe, understand, and drive in accordance with the law. Depending on your location this typically includes following speed limits, posted road signs, traffic signals; driving a safe and properly maintained vehicle; following laws outlining mobile device usage in a car; and maintaining a valid drivers license, car registration, and auto insurance. By using Rallista, and It Haz Fire Services, you acknowledge that it is your responsibility to drive in accordance with the law and maintain adequate auto insurance.As a driver, you agree to indemnifyIt Haz Fire for any liabilities caused by your driving or inadequate insurance.

Organizing Events

As an event organizer, it is your responsibility to understand, determine and handle liabilities associated with your Event. This may include a signed participant disclaimer, or even event insurance. Event insurance can help protect event organizers, venue land owners, etc. from unexpected liabilities.

It is an event organizers responsibility to ensure event participants drive in accordance with this Terms of Service and all laws, including all driving laws. This may be achieved by using an in person event disclaimer or similar. As an event organizer, you agree to indemnify It Haz Fire for any liabilities incurred on an event that uses our Services.

Accuracy

Rallista relies on third party map data (e.g. Mapbox) and users to accurately list drives and events. Map data, routes, drives and events may have inaccuracies. It Haz Fire is not responsible for inaccuracies including incorrect navigation directions.

Road conditions vary for a variety of reasons including weather, traffic, construction, road surface wear and a variety of other circumstances. While Rallista has tools like color coding for unpaved roads, and turn by turn navigation, road data is not always correct. Always use the actual conditions on the road before the app to determine how to drive safely in accordance with the law and in a manner with which you personally accept and approve of.  

Driving Directions

Driving directions provided by navigation in the Rallista app are not intended to replace the information presented on the road and may have inaccuracies. When using navigation it is your responsibility to use the information presented on the road (e.g. traffic signals, road signs, police directions, road work directions, etc.) when they differ from navigation directions. Never rely on the App in place of or before actual road conditions.

Intellectual Property

This agreement does not transfer from It Haz Fire to you any It Haz Fire or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with It Haz Fire. Rallista and all other trademarks, service marks, graphics, and logos used in connection with It Haz Fire or our Services, are trademarks or registered trademarks of It Haz Fire or It Haz Fire’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any It Haz Fire or third party trademarks.

Third Party Services

In using the Services, you will use services such as Google Firebase, Google Analytics, and Mapbox maps and navigation (“Third Party Services”). By using It Haz Fire’s Services you understand and accept that all Third Party Services are bound by their own Terms of Service, Privacy Policy and other policies.

Some Third Party Services may request or require access to your data, for example, via a cookie (e.g. Google Analytics). By using It Haz Fire’s services you accept that a Third Party may have access to your data, and that you must review the Third Party’s privacy policy if you decided to use It Haz Fire’s services.

Changes

We are constantly updating our Services and that means sometimes we change the legal terms under which our Services are offered. These Terms may only be modified by the posting by It Haz Fire of a revised version. If you disagree with our changes, then you must stop using our Services once the changes become effective. Your continued use of our Services constitute an acceptance of the new terms will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose. It is your responsibility to periodically check the terms of service if you use It Haz Fire’s Services.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any It Haz Fire policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid to us. If you wish to terminate the Agreement or your It Haz Fire account, you may delete your account and simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

Our Services and Third Party Services are provided “as is.” It Haz Fire and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither It Haz Fire, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Multnomah County, Oregon.

Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Multnomah County, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

Limitation of Liability

In no event will It Haz Fire, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to It Haz Fire under the Agreement during the twelve (12) month period prior to the cause of action. It Haz Fire shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless It Haz Fire, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you create, and any driving and event activities that you create, organize, operate or participate in. 

Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

Miscellaneous

The Agreement constitutes the entire agreement between It Haz Fire and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; It Haz Fire may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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