Our services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies, including, without limitation, Safe Harbor Communications Corporation's (SHC) Privacy Policy.

Account & Services

To use the services available on SHC, you must be granted an account by your organization. You agree to: (A) provide true, accurate, current and complete information about yourself ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that SHC may use your User Data to provide services on SHC for which you have expressed interest. If you provide any information that is inaccurate or not current, or SHC has reasonable grounds to suspect that such information is inaccurate or not current, SHC has the right to suspend or terminate your account and refuse any and all current or future use of SHC. In consideration of your use of SHC, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

Payments

Certain amounts of entries require payment of usage fees at the time of setup. If you expect to have these entries work through SHC, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by SHC) ("Payment Method"). By purchasing packages for those events on SHC, you hereby authorize SHC to charge your Payment Method in advance for all applicable fees incurred by you in connection with the event. You hereby understand and agree that in most cases, SHC will charge your designated Payment Method in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. All fees shall be paid in U.S. dollars.

User Conduct

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into SHC. You accept responsibility for all activities that occur under your account or from your device. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your content or the personal information you provide, and we cannot promise that our security measures will prevent third-parties from illegally accessing the services or its contents. You agree to immediately notify SHC of any unauthorized use of your account, or any other breach of security, and to accept all risks of unauthorized access to your data and any other information you provide to us. SHC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such act or omission.

Responsibility of Users of the Service

You understand that all information, data, text, software, photographs, graphics, video, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with SHC are the sole responsibility of the user from whom such Content originated. This means that you, and not SHC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via SHC. SHC has not reviewed, and cannot review, all of the material posted to SHC, and cannot therefore be responsible for that material's content, use or effects. You understand that by using SHC, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SHC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available on SHC.

You agree to not use SHC to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a SHC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt SHC or servers or networks connected to SHC, or disobey any requirements, procedures, policies or regulations of networks connected to SHC; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) SHC or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to SHC. You acknowledge that SHC may or may not pre-screen or monitor Content, but that SHC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via SHC. Without limiting the foregoing, SHC and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with SHC, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that SHC may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SHC, its users and the public. Subject to the foregoing, SHC will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

SHC is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of SHC, use of SHC or access to SHC. You understand that use of certain features of SHC may require you to purchase third party equipment or materials (e.g., GPS systems). While SHC may recommend the equipment or materials of certain third party suppliers, SHC shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with SHC or will be error-free.

Links

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Services and its Users link, and that link to the Services. SHC does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, SHC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SHC disclaims any responsibility for any harm resulting from your use of linked-to or linked-from websites and webpages.

You are granted a limited, non-exclusive right to create a text hyperlink to SHC, provided such link does not portray SHC or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on SHC for your personal, non-commercial use, solely as described on SHC. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

Copyright Infringement and DMCA Policy

As SHC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SHC Services violates your copyright, you are encouraged to notify SHC in accordance with SHC’s Digital Millennium Copyright Act (“DMCA”) Policy. SHC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SHC will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SHC or others.

Intellectual Property

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

Advertisements

SHC reserves the right to display advertisements.

Attribution

SHC reserves the right to display attribution links on shares to social networks, share pages that aggregate stories and related social context (comments, likes, etc) such as 'Published by SHC'.

Changes

SHC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to SHC following the posting of any changes to this Agreement constitutes acceptance of those changes. SHC may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

SHC may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SHC account (if you have one), you may simply discontinue using the Services. 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

SHC is provided "as is". SHC 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 SHC nor its suppliers and licensors, makes any warranty that SHC will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, SHC at your own discretion and risk.

Limitation of Liability

In no event will SHC, or its suppliers or licensors, be liable with respect to any subject matter of this 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 SHC under this agreement during the twelve (12) month period prior to the cause of action. SHC 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.

General Representation and Warranty

You represent and warrant that (i) your use of SHC will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of SHC will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless SHC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of SHC, including but not limited to your violation of this Agreement.

Miscellaneous

This Terms of Use Agreement constitutes the entire agreement between SHC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SHC, or by the posting by SHC, a revised version. Except to the extent applicable law, if any, provides otherwise, this Terms of Use Agreement, any access to or use of the service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. 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 this 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 Santa Ana, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this 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 this 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SHC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Feedback

If you have a question, concern or feedback about the Terms of Use, please use our contact email on our homepage.

Thank you for using SHC ("we," "us" or "our"). Your privacy is extremely important to us. SHC runs a service designed to help you find races that interest you. To do that we need to collect certain pieces of information. We take this as our commitment to your privacy.

SHC Networks, LLC ("SHC"), SHC's holding company, operates this website, its mobile applications and other services, including SHC's website, its administrative portal, Apple® iPhone® and iPad® applications, and API services (collectively, the "Services"). It is SHC's policy to respect your privacy regarding any information we may collect while operating our services.

What does SHC Collect?

SHC only collects personal information about you if you voluntarily choose to share it with SHC. If you obtain an administrative portal account for SHC, we ask you to complete our registration form and agree to our Terms of Use. During registration you will be required to provide personal information such as your name and email address; your email address won't be shared with any of our other users.

Cookies

When you use SHC, a cookie will be stored on your computer. Our cookie works by assigning to your computer a unique number that has no meaning outside of SHC. SHC's cookies do not contain any personally identifying information. SHC uses cookies to assist it in delivering content specific to your operation via a regional proxy based on your location. When using our administrative portal, after you've entered your username and password during a session on SHC's website, SHC saves that information so you don't have to re-enter it repeatedly during the session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of SHC unavailable to you.

Transport Layer Security (TLS)

SHC uses TLS (Transport Layer Security) encryption when transmitting all information. An icon resembling a padlock is displayed on the address bar of most browsers' URL bar during TLS transactions. Using TLS for all data transfer ensures that any sensitive information transferred to and from SHC (including payment information, your password, or the cookie mentioned above) will always be encrypted on its journey between you and our systems.

Please be aware that on occasion we may need to adjust our security settings due to Payment Card Industry (PCI) Compliance which may affect how older web browsers functions. We encourage you to use an updated browser to mitigate this issue.

Log Files

Like most website, mobile application, and internet service operators, SHC collects logs containing non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. SHC's purpose in collecting non-personally identifying information is to better understand how SHC's visitors use its website. From time to time, SHC may release non-personally-identifying information in the aggregate; for example, by publishing a report on trends in the usage of its website. In addition, SHC uses Google Analytics as a method of tracking site statistics and user behavior on SHC.

SHC also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in and logged out users at SHChq.com. SHC only discloses logged-in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Protecting your Information

SHC discloses potentially personally-identifying and personally-identifying information only to those of its staff, contractors and affiliated organizations that (i) need to know that information in order to process it on the behalf of SHC or to provide services available at SHC, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using SHC's services, you consent to the transfer of such information to them. SHC will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, SHC discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other government request, or when SHC believes in good faith that disclosure is reasonably necessary to protect the property or rights of the company, third parties or the public at large.

If you are a administrative user of SHC and have supplied your email address, SHC may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with SHC and our products. If you send us a request (for example via a support email or via one of our contact forms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. SHC takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Policy Changes

If SHC makes changes to any terms or conditions of this Privacy Policy, these changes will be posted on this page in a timely manner. If SHC decides to change the Privacy Policy, it will post those changes on this Privacy Policy and other places SHC deems appropriate. This may include the SHC website, for a period of time SHC deems appropriate, so that you are aware of what information SHC collects, how SHC uses it, and under what circumstances, if any, SHC discloses it. SHC reserves the right to modify this Privacy Policy at any time, so please review it frequently. In case of a business transaction in which a portion or all of SHC's assets are acquired, SHC will notify you as described above in this paragraph. Your continued use of this site after any change in this privacy policy will constitute your acceptance of such change.

Questions?

If you have questions, concerns or feedback about the Privacy Policy, please use our contact email on our homepage.

The California Consumer Privacy Act of 2018 (“CCPA”) became effective on January 1, 2020 and created a variety of privacy rights for California consumers. In November 2020, California amended the CCPA, effective January 1, 2023. Additional states have passed laws extending similar privacy rights to their consumers, including Virginia (effective January 1, 2023), Colorado (effective July 1, 2023), Connecticut (July 1, 2023), and Utah (December 31, 2023). We use this notice to make disclosures required by these state laws.

Please note that the rules implementing some of these laws have not yet been finalized. We are continuously working to better comply with these laws, and we will update our processes, disclosures, and this notice as these implementing rules are finalized.

Transparency

You have the right to know what kinds of personal information SHC collects, how we obtain and use that information, and our business purposes for that collection.

In the bulleted list below, we outline the categories of personal information we collect, the sources of the personal information, our purposes of processing, and the categories of recipients with whom we provide the personal information.

Please see the Personal data we collect and the U.S. State Data Privacy sections on our privacy statement for more information. Please see the Our retention of personal data section of our privacy statement for information on personal data retention criteria.

We make this information available to consumers in the Personal data we collect and the U.S. State Data Privacy sections of our privacy statement.

How We Share Your Personal Information

You have the right to know if your personal information is provided to third parties. We may provide personal information to have our Service Providers, as defined by the CCPA, perform services specified by written contract. In addition, we may disclose personal information to third parties for other notified purposes, as permitted by U.S. state data privacy laws.

We make this information available to consumers in the Reasons we share personal data and the U.S. State Data Privacy sections in our privacy statement.

"Sharing" and personalized ads. We may “share” your personal information with third parties for personalized advertising purposes, as defined under California and other applicable U.S. state laws. “Personalized advertising” in this context means advertisements we believe will be more interesting and useful to you based on your data, including your searches, site visits, and topics you often explore and personal information collected by SHC. Third parties may use the data we’ve shared with them to show you personalized ads. Learn more about how to opt out of sharing.

We Do Not Sell Your Personal Information

You have the right to know whether your personal information is being sold. Your personal information is “sold” when it is provided with a third party for monetary or other valuable consideration for a purpose that is not a “business purpose” as set forth in the CCPA or other U.S. state data privacy laws. Please note a “sale” does not include when we disclose your personal information at your direction, or when otherwise permitted under law.

Control

If you have made a request to SHC to know, correct, receive, or delete your personal information and believe your request was denied by SHC, you can exercise your right to appeal the results of your request by contacting our privacy support team via our web form. If your appeal is unsuccessful and depending upon the state where you live, you may have the right to raise a concern or lodge a complaint with your state attorney general.

Right to Limit Use of Sensitive Personal Information

Subject to your privacy settings, your consent, and depending on the products you use and your choices, we may collect, process, or disclose certain personal information that qualifies as “sensitive data” under applicable U.S. state data privacy laws. Sensitive data is a subset of personal information.

You have the right to limit the use or disclosure of your sensitive data to the following types of activities, in accordance with applicable U.S. state data privacy laws.

Right to Opt-out of “Sale” or “Sharing"

SHC does not sell your personal information, so we do not offer an opt out. SHC may “share” personal information with third parties for personalized advertising purposes. You may indicate your choice to opt-out of the sharing of your personal data with third parties for personalized advertising on third party sites by visiting our sharing opt-out page.

Benefits to You

The CCPA and other U.S. state data privacy laws allow businesses to offer consumers financial incentives for sharing personal information. For example, a business can offer a rewards program or provide a premium service to consumers as compensation for their personal information. Where SHC offers these programs, your participation is optional. If you choose to participate, your participation will be subject to any applicable terms, and you may withdraw at any time.

Non-Discrimination

U.S. state privacy laws prohibit businesses from discriminating against you for exercising your rights under the law. Such discrimination may include denying a good or service, providing a different level or quality of service, or charging different prices. The CCPA permits businesses to provide differing levels or quality or different prices where the business can demonstrate that the difference is reasonably related to the value to the business of the consumer’s personal information.

Disclosure of privacy rights requests

The CCPA requires businesses to disclose the number of requests received, complied with in whole or in part, or denied. We determine whether someone is a California consumer by (1) IP address and (2) whether they mention CCPA in their request for the Privacy Response Center.

The average response time to complete received requests was less than one day. Our privacy team responded to requests from California consumers submitted through our privacy webform with an average of 3 days for access and 4 days for deletion in 2022.

Certain data may not be provided or may be retained according to the SHC Privacy Statement, for example, to comply with applicable laws.

This notice is updated annually. As of July 2023, we updated the metrics for requests related to the right to know and delete for the period from January until December 2022.

Recent changes to the CCPA added new privacy rights for California consumers effective January 1, 2023, including the right to correct, and the right to opt-out of “sharing” of personal information with third parties for personalized advertising purposes. These rights were not in effect during the period from January through December 2022, so numbers of requests related to these rights are not reflected in the current notice.

As noted above, we do not sell personal information, and do not use or disclose your sensitive data for purposes other than those listed above, without your consent, or as permitted or required under applicable laws. Therefore, we do not offer consumers a way to opt-out of the sale of their personal information or limit the use of their sensitive data.