The following definitions apply to these terms and conditions: The onpointfitness.raceentry.com website will hereinafter be referred to as “the Site.” Registered users who are event organizers and planners shall hereinafter be referred to as “Organizers.” Registered users who will attend or participate in such events shall hereinafter be referred to as “Buyers.” Partner websites, the services and software available on or through the Site (taken together with the Site), collectively shall hereinafter be referred to as “the Service.” The payment processing gateway shall hereinafter be referred to as the “Gateway.” Any software in connection to the service shall be hereinafter referred to as the “Software.”
The following terms and conditions govern all usage of the onpointfitness.raceentry.com the Site, as well as the Service. The Service is owned and operated by ON POINT FITNESS. The Service is offered conditionally upon your acceptance to the terms of the conditions contained herein, along with all other operating rules, policies, and procedures that may be updated or modified from time to time on the Site by ON POINT FITNESS. Your acceptance must be without modification to any of the terms and conditions contained herein. USING OR ACCESSING ANY PART OF THE SERVICE SHALL BE DEEMED ACCEPTANCE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE.
ON POINT FITNESS reserves the right, at its sole discretion, to modify or replace any of the terms or conditions contained herein. It is your responsibility to check this Terms and Conditions periodically for changes. Continued use of the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those modifications. If you do not agree to any of the changes to the Terms and Conditions, your sole remedy is to cease accessing, browsing, or otherwise using the Service and Site in any way.
ON POINT FITNESS provides an effective, yet simple means for Organizers and planners of events (“Organizers”) to collect event registration fees from registered users who wish to attend such events (“Buyers”). After visiting the Site to fill out information about their events including pricing, location, products, charities, etc., Organizers may set up collecting event registration fees online directly from Buyers. Payments are transacted through the ON POINT FITNESS payment processing gateway (the "Gateway"). For more information, please see https://www.raceentry.com. These Terms and Conditions apply to both Organizers and Buyers alike.
Depending on the payment processing option the Organizer elects when using the Service, monetary payments will be made to the Organizer by ON POINT FITNESS. There is one form of payment processing for Organizers which requires the use of the Gateway for event registration fee collection.
If an Organizer elects to use the Service to collect event registration fees, payment processing is directly handled by ON POINT FITNESS. Under the Service, (i) ON POINT FITNESS will collect all event registration fees on behalf of the Organizer from the Buyer and deduct all applicable service charges from the event registration fees passed along to the Organizer.; (ii) ON POINT FITNESS will distribute all payments to the Organizer (event registration fees minus applicable service charges) at the address, or direct deposit details that the Organizer accurately provides on the Site; and (iii) ON POINT FITNESS will submit payment for the balance due to the Organizer within fifteen (15) business days after the event end date for the event to which the registration fees correspond, provided that ON POINT FITNESS reserves the right to withhold funds at any time as ON POINT FITNESS determines to be necessary for the processing and settlement of all returns, disputed charges, customer complaints, allegations of fraud and other discrepancies. Payments will not be distributed until a minimum of $100 has been processed through the ON POINT FITNESS software, unless the payment is the final distribution for the year. All sales, fees, charges, and funds are payable in U.S. Dollars, or other foreign currencies accepted by ON POINT FITNESS. For all sales, fees, charges, and funds paid in foreign currency, ON POINT FITNESS will collect and disperse the funds in the foreign currency used.
(i) The Organizer has the responsibility to communicate its refund policy to Buyers and to issue refunds on the behalf of Buyers via the Service. Organizer shall ensure that its refund policy is consistent with the terms of this Agreement and the payment and refund mechanics of the Service. Refunds issued by Organizer will be processed within thirty (30) days after Organizer instructs the issuance of the refunds via the Service. No payments shall be made to an Organizer from ON POINT FITNESS with respect to any event that is cancelled. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer (either before the event or shortly after the event, to permit the Organizer sufficient time to issue the refund). All communications or disputes regarding refunds are between the Organizer and Buyer and ON POINT FITNESS will not be responsible or liable for refunds or the lack thereof issued in the course of the use of the Full Service option.
(ii) Notwithstanding the foregoing, whether you are using the Service as an Organizer, Buyer or otherwise, you acknowledge and agree that ON POINT FITNESS shall have the right to force a refund of any or all funds at any time for any reason or no reason, including without limitation if ON POINT FITNESS receives complaints from a substantial number (as determined by ON POINT FITNESS in its sole discretion) of Buyers with respect to an Organizer or the applicable event, or ON POINT FITNESS determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations.
ON POINT FITNESS will be the sole and direct channel of correspondence in all chargeback proceedings. Chargeback notifications from use of the Service (initiated by the Buyer with their credit card provider) are sent directly to ON POINT FITNESS via the constituent merchant banks. ON POINT FITNESS will utilize all available resources to contest or address each chargeback directly with the merchant bank in the time allotted for response. Chargeback cases where ON POINT FITNESS does not successfully secure a reversal or deems the chargeback to be warranted as stated, shall be charged back to the Organizer of such event. ON POINT FITNESS shall either (i) deduct these costs, and any associated fees from the merchant bank, from such Organizer’s outstanding balance, whether for that particular event or for any other event that such Organizer lists through the Service; or (ii) send an invoice to such Organizer for such costs if no balance exists. If payment for such invoice is not received by ON POINT FITNESS within thirty (30) days, ON POINT FITNESS reserves the right, at ON POINT FITNESS’s sole discretion, to terminate such Organizer’s registration for the Service and to cancel all other events listed by such Organizer as provided herein. In accordance with and without limiting Section 11, all communications and disputes regarding chargebacks are between the Organizer and Buyer and ON POINT FITNESS will not be responsible or liable in any way for chargebacks issued in the course of the use of the Full Service option.
ON POINT FITNESS generates a confirmation message and issues a unique confirmation number upon receipt of a credit card authorization from each purchase. If you are using the Service as an Organizer, you agree to unconditionally accept, honor, and fulfill all registration commitments that have been confirmed by ON POINT FITNESS through the Service, and it is your responsibility to verify the Buyer’s status, confirmation number and/or any event restrictions prior to the subject event.
Use of the Service shall be limited to use of the same for purposes that are permitted by these Terms and Conditions and any applicable laws and regulations (foreign and domestic). Registered users shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event registrations through the Service as an Organizer); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service. ON POINT FITNESS may change, suspend or discontinue the Service, including any feature of the Service or any Content (as defined below) made available in connection with the Service.
Downloading of any software shall constitute a granting by ON POINT FITNESS, subject to the terms and conditions, of a personal, nontransferable, nonsublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with the terms and conditions and the written instructions/ directions (if any) provided by ON POINT FITNESS. For clarity, the Software will be deemed a part of the "Service" hereunder.
By using the race maps you agree to include the ON POINT FITNESS logo and associated links in any html used outside of onpointfitness.raceentry.com. Failure to include the logo and links may result in a termination of the map and associated account.
You will create an account and password as part of the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ON POINT FITNESS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ON POINT FITNESS cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that the appearance of their material infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you may send ON POINT FITNESS a notice of your request that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service should be sent to ON POINT FITNESS at: By Mail:
All users alike, including Organizers, Buyers, Organizer Referrers, and Buyer Referrers or otherwise, agree to defend, indemnify and hold ON POINT FITNESS, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to or arising out of: Your Content; your use of, contribution to or connection with the Service (including the Referral Software); your violation of these Terms and Conditions; or your violation of any rights of another. ON POINT FITNESS shall provide notice to you of any such Claim. ON POINT FITNESS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting ON POINT FITNESS’s defense of such matter.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, OR FRUSTRATION OF BUSINESS EXPECTATIONS, WHETHER ARISING OUT OF SUCH PARTY’S BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE). NEITHER PARTY SHALL ASSERT ANY SUCH CLAIM AGAINST THE OTHER OR ITS SUBSIDIARIES OR AFFILIATED COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES. ON POINT FITNESS’S MAXIMUM LIABILITY HEREUNDER FOR ANY CLAIMS WHATSOEVER IS EXPRESSLY LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT BY CUSTOMER TO ON POINT FITNESS DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE GIVING RISE TO THE CLAIM, IF ANY. NO CLAIM MAY BE BROUGHT BY THE CUSTOMER OR ANY OF ITS AFFILIATES UNDER THIS AGREEMENT MORE THAN ONE YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM.
ON POINT FITNESS reserves the right at any time to make modifications to, suspend, or discontinue (temporarily or permanently), the Service (or any part of the Service), with or without notice. ON POINT FITNESS will not issue refunds, in whole or in part, for service charges for any reason, except with respect to refunds to Buyers that are expressly permitted under Section 3(b). You agree that ON POINT FITNESS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ON POINT FITNESS, in its sole discretion, may terminate your account, password, and/or your right to use the Service, and remove and discard any and all of Your Content within the Service. ON POINT FITNESS may do so for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due ON POINT FITNESS, or if ON POINT FITNESS believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that ON POINT FITNESS may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that ON POINT FITNESS shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of these Terms and Conditions that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SERVICE IS PROVIDED HEREUNDER BY ON POINT FITNESS “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ON POINT FITNESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, WHETHER MADE BY EMPLOYEES OF ON POINT FITNESS OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY ON POINT FITNESS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF ON POINT FITNESS WHATSOEVER.
Any notice or correspondence required or permitted to be given or forwarded hereunder or by law shall be effective on receipt and shall be considered properly given if in writing and delivered personally or faxed with confirmation or sent by any commercially reasonable means of receipted delivery, addressed, with respect to Customer, to the address of Customer most recently provided in writing to ON POINT FITNESS, and with respect to ON POINT FITNESS, to the address of ON POINT FITNESS appearing on its web site at the time of such notice.
These Terms and Conditions shall inure to the benefit of, and shall be binding upon, both parties and their respective successors and permitted assigns. The rights and duties of the parties are not assignable or delegable. Any attempt to assign or delegate any rights or duties under these Terms and Conditions without the prior written consent of the other party shall be void, except as expressly set forth herein or to an individual entity which has merged or which has otherwise succeeded to all or substantially all of the assets or equity securities of the assignor, and which has assumed in writing or by operation of law, the assignor’s obligations under these Terms and Conditions.
I also acknowledge and agree that these same terms and protections apply to Race Registration Online, LLC (a third party software company involved in the implementation of the above mentioned services).
This Agreement represents the complete agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, whether written or oral, between the parties. This Agreement may not be modified or amended, except by a written instrument executed by each of the parties hereto. This Agreement is for the sole benefit of the parties hereto and is not for the benefit of any third party. The parties hereto shall be deemed to be independent contractors hereunder, and as such, neither party shall be, nor hold itself out to be, an employee or agent of the other party. The language used in this Agreement shall be deemed to be language chosen by both parties hereto to express their mutual intent, and no rule of strict construction against either party shall apply to licenses granted herein or to any term of condition of this Agreement.
This Agreement shall be governed by the laws of Utah, and the parties shall submit to the exclusive jurisdiction of Utah Courts or any Federal Court sitting in Utah.
Please report any violations of these Terms and Conditions by email to email@example.com.