Terms of Use

1. What RackRate is

RackRate helps travelers find hotels with good gyms. Gym information comes from public sources, hotels’ own websites, our booking partner, and Spotters who have been in the room. We show where each piece of information came from and when. It is the best information available, not a guarantee. Equipment, hours and access change, so check with the hotel if something matters to your trip. Anyone can help keep it current: spot something new, rate it.

2. Eligibility and accounts

You must be at least 18 to use RackRate. You are responsible for your account and for keeping your sign-in secure. Give us accurate information.

3. Booking

RackRate does not sell hotel rooms. When you choose “Book on RackRate,” you book with our booking partner, Nuitee (LiteAPI), which is the merchant of record. Prices, availability, payment, cancellation and refunds are governed by the partner’s and the hotel’s terms. Questions about a booking go to them. We may earn a commission on bookings; see the Affiliate Disclosure.

4. Your ratings and photos

4.1 You own your content. You keep ownership of the photos, ratings and comments you post on RackRate ("your content").

4.2 License to RackRate. You grant RackRate LLC a worldwide, royalty-free, perpetual and irrevocable license to host, store, reproduce, display, publish, distribute, adapt (for example resize, crop, compress or add a RackRate mark), and make derivative works of your content, in any media now known or later developed, in connection with RackRate and its business, including promoting RackRate.

4.3 Exclusive commercial rights in photos. For photos, this license is exclusive as to all commercial use by anyone other than you. Once you post a photo, only RackRate and those RackRate authorizes may use it commercially, and RackRate may enforce those rights against anyone who copies or uses it without permission. You keep the right to use your own photos for personal, non-commercial purposes, such as posting them on your own social media accounts or sharing them with friends. While a photo is on RackRate, you agree not to license, sell or give it to anyone else for commercial use. For ratings and comments, the license is non-exclusive.

4.4 Sublicensing and transfer. RackRate may sublicense these rights, including to hotels, booking and data partners, affiliates and service providers, and may transfer or assign them, including as part of a merger, acquisition, conversion to another form of company, reorganization or sale of all or part of its business or assets.

4.5 Protecting your photos. You authorize RackRate, at its own cost and in its sole discretion, to act against unauthorized use of your photos, including by sending takedown notices and bringing legal claims, and to register the copyright in your photos with the U.S. Copyright Office on your behalf, naming you as the author. You agree to give reasonable cooperation, at RackRate's expense, including signing documents and joining a legal action as a party if a court requires it. RackRate may keep any amounts it recovers.

4.6 Your name and profile. You allow RackRate to show your display name, handle, tier, badges, First Spot credit and profile links with your content, on leaderboards, and when RackRate features your content to promote RackRate.

4.7 Automated analysis. RackRate may analyze your content with automated tools, including artificial intelligence, to identify gym equipment and other facts about a hotel gym. Facts RackRate derives from your content, such as equipment counts or a strength tier, belong to RackRate and may remain after your content is deleted.

4.8 Deleting your content. You may delete your content at any time. RackRate will stop displaying deleted content within a reasonable time. The license in this Section 4 then ends for that content, except for: copies in backups until they are overwritten in the normal course; facts derived under Section 4.7; aggregated or de-identified data; and copies RackRate must keep by law. If you close your account, RackRate removes your photos and comments and stops showing your name.

4.9 Your promises. Each time you post, you promise that:

• (a) you took the photo yourself, or you own all rights in it and can grant the license in this Section 4;
• (b) you were actually in the gym you are rating, on or near the date you give;
• (c) your rating and photos show the gym honestly and are not edited to mislead;
• (d) you followed the hotel's rules, and you did not photograph anywhere the hotel does not allow guests to take photos;
• (e) no person can be identified in your photos, including other guests and hotel staff, unless that person gave permission. Reflections in mirrors count;
• (f) your photos do not show locker rooms, changing areas, showers, restrooms, spa treatment rooms or any other place where people expect privacy, even when empty;
• (g) your photos do not show personal information, such as names, room numbers, screens or documents; and
• (h) you were not paid or given anything of value for your rating, unless you say so in it.

4.10 What not to post. Do not post anything illegal, hateful, sexual, violent, threatening, harassing or misleading, spam, advertising, or content copied from another website, a hotel's own photos or another Spotter.

4.11 Our role. We may review, edit for format, blur, hide or remove content, and suspend or close accounts that break these rules. We do not have to monitor content and are not responsible for what users post.

5. Spotter recognition

First Spot, tiers, badges and leaderboards are for fun and recognition. They have no cash value, and we may change how they work. A spot counts only when the rating is complete, including photos. We may remove recognition gained by gaming the system.

6. Acceptable use

You may use RackRate only for your own personal, non-commercial trip planning and to contribute ratings. You may not, and may not help anyone else to:

• use any robot, spider, scraper, crawler or other automated means to access, collect or copy RackRate content or data, except search engines that follow our robots.txt file for the sole purpose of building a public search index;
• get around, disable or interfere with any rate limit, access control, sign-in requirement or other technical measure;
• use RackRate content or data to build, train, test or improve any database, product, service, or machine learning or artificial intelligence model, or to compete with RackRate;
• frame RackRate pages, or link directly to RackRate image files from another site or app;
• sell, license, publish or redistribute RackRate content or data;
• access accounts or systems that are not yours, interfere with RackRate, or use RackRate to break the law.

We may block any person, device or network that breaks this section.

7. Our content

Our content. RackRate LLC owns the RackRate name, logo, design and software, and its selection, arrangement and compilation of hotel gym information, including ratings summaries, tiers, equipment facts and other information RackRate derives. Hotel names, marks and photos, partner content such as rates and guest reviews, and Spotter content belong to their owners and are used under license or as the law allows. Except as these terms allow, you may not copy or use RackRate content.

8. Copyright complaints

We respect copyright and respond to notices under the Digital Millennium Copyright Act. If you believe something on RackRate infringes your copyright, send a written notice to our designated agent that includes:

• Your physical or electronic signature.
• The copyrighted work you believe is infringed.
• The material on RackRate you want removed, with enough detail for us to find it, such as the page link.
• Your name, address, telephone number and email address.
• A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

Designated agent: David Hurwitt, RackRate LLC, 4539 N 22nd St, Ste N, Phoenix, AZ 85016, (520) 334-1150, privacy@rackrateit.com.

Counter-notices. If we remove your content because of a notice and you believe it was removed by mistake or misidentification, you may send a counter-notice to our designated agent. It must include your physical or electronic signature; the content removed and where it appeared; a statement, under penalty of perjury, that you have a good faith belief the content was removed by mistake or misidentification; your name, address and telephone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which RackRate may be found) and will accept service from the person who sent the notice. We will send your counter-notice to that person and restore the content in 10 to 14 business days unless they tell us they have filed a court action.

Repeat infringers. We close the accounts of users who infringe copyright repeatedly. An account that receives three valid notices, or one notice we judge serious, may be closed, and the user may not open a new one.

Other reports. To report content that breaks these terms for another reason, such as a person shown in a photo, a private area, or a dishonest rating, use the Report link on the rating or photo, or email privacy@rackrateit.com. We review reports and may hide content while we do.

9. Third-party sites

RackRate links to and shows content from hotels, partners and other sites. We do not control them and are not responsible for them.

10. Disclaimers

RackRate is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, including accuracy, fitness for a particular purpose and non-infringement. Use any gym at your own risk. RackRate is not responsible for injuries, gym conditions, or a hotel’s facilities.

11. Limit of liability

To the fullest extent the law allows, RackRate LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or lost profits or data. Our total liability for any claim is limited to the greater of $100 or the amount you paid RackRate in the 12 months before the claim. Some places do not allow these limits, so they may not apply to you.

12. Indemnity

You agree to cover RackRate’s losses and costs from claims arising out of content you post or your breach of these terms.

13. Ending use

Ending use. You can stop using RackRate and close your account at any time. We may suspend or close any account, and remove its content, if the user breaks these terms, infringes others' rights, games ratings or recognition, or creates risk or legal exposure for RackRate or others. If we close your account for breaking these terms, you may not open a new one.

14. Law and disputes

Arizona law governs these terms. Disputes go to the state or federal courts located in Maricopa County, Arizona, unless the law where you live says otherwise.

15. Changes

Changes. We may update these terms. We will post the new version here with a new effective date. If a change is material, we will tell signed-in users by email at least 14 days before it takes effect, and may ask you to accept the new terms at your next sign-in. If you keep using RackRate after a change takes effect, you accept it. Changes do not apply to disputes that arose before the change.

17. Assignment

Assignment. RackRate may assign or transfer these terms, and any rights and licenses under them, without your consent, including in connection with a merger, acquisition, conversion to another form of company, reorganization, or sale of all or part of its business or assets. You may not assign these terms.

18. Contact

RackRate LLC, 4539 N 22nd St, Ste N, Phoenix, AZ 85016, privacy@rackrateit.com.