Terms & Conditions of Use for NASCARpartners.com

Introduction
Welcome to NASCARpartners.com (the “Website”).  This Website is owned and operated by the National Association for Stock Car Auto Racing, Inc. (“NASCAR”, “we”, “us” or “our”) for internal informational purposes only as a courtesy for the sole benefit and use of our valued sponsors, licensees, and promotional partners.  The following terms and conditions, as well as our Privacy Policy and any guidelines or rules we may post on the Website from time to time (collectively, the “Terms”), govern the use of the Website by users and visitors to the Website (“you” and “your”), as well as any content, information, software, services or other matter available through the Website. The Terms also describe your responsibilities and, among other things, limit the liability of NASCAR.

THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND NASCAR. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE CONTINUING TO USE THE WEBSITE. BY USING THE WEBSITE, YOU SIGNIFY YOUR KNOWLEDGE AND ACCEPTANCE OF THE TERMS, AND YOUR AGREEMENT TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, YOU MUST DISCONTINUE USE OF THIS WEBSITE.

 

NASCAR reserves the right, in its sole discretion and without prior notice, to amend the Terms and/or other aspects of the Website at any time, and such amended terms will be effective immediately upon the date they are posted on the Website.  It is your responsibility to check these Terms periodically to keep informed of any such amendments.  Your continued use of the Website following the posting of any amendments to the Terms constitutes acceptance of those amendments.

 

NASCAR reserves the right, in its sole discretion and at any time, to terminate your right to access and use the Website or otherwise to revoke your access and/or use privileges for all or part of the Website, for any reason and with or without notice.

 

These Terms are in addition to any other written agreement you may have entered into with NASCAR, including without limitation any sponsorship, promotional, or licensing agreements.

 

These Terms were last revised on January 11, 2007.

 

Content and Intellectual Property
All aspects of the Website, including but not limited to the design, manner of appearance and “look and feel” thereof and all of the content and materials published, downloaded, hosted, featured or displayed thereon, including without limitation data, text, graphics, photographs, images, moving images, video, animation, sound, illustrations, designs, icons, data, HTML, web pages, scripts, articles, text, information, newsletters, brochures and other written material, and software and compilations of all and any of the foregoing together with the Marks (as defined below) and all other trade-marks or service marks, (all of the foregoing collectively referred to herein as the “Content”) are owned by NASCAR and/or its licensors and/or the provider or person credited as the provider of the Content (“Content Providers”). The NASCAR® word mark and logos, and any other related trademarks or identifying indicia (collectively, the “Marks”) are trade-marks and/or service marks of NASCAR.

 

Other product and company names identified on the Website may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on these Website of any such third party designations, and the availability of specific goods or services from such third parties through the Website, should not be construed as an endorsement or sponsorship of the Website by any such third party, or the participation by such third party in the offering of goods, services or information through the Website.

 

The Content is protected by law against unauthorized uses, including (without limitation) copyright, trade-mark and other intellectual and industrial property laws and international conventions, and may not be used except as expressly permitted by these Terms or as otherwise expressly permitted in advance in writing by NASCAR and any other relevant licensors and/or Content Providers.  Any other use, reproduction, retransmission, modification of the Website or the Content is strictly prohibited.

 

Acceptable Use
You may access, use and display the Website and the Content using compatible World Wide Web browser software for informational purposes within your company or business only. Except as expressly permitted under a separate licensing agreement with NASCAR, you agree not to copy, produce, reproduce, create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, host, publish, publicly perform or display, communicate by telecommunication, make available to any person (including, without limitation, the display and distribution of the Content via a third party website) or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, or authorize any of the foregoing activities.  The Website, the Content and all rights therein shall remain the sole and exclusive property of NASCAR and/or its licensors and/or Content Providers.

 

This provision shall survive the termination of your right to use this Website.

 

Your Obligations
You agree to use the Website and the Content for lawful purposes only and only in accordance with the Terms and all applicable laws and regulations.  You will not: (a) use this Website to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to individuals or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

 

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Website that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information not belonging to you including personal information belonging to minors.

 

You will not: (a) use the Website for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or send harassing and/or threatening messages to others; (d) engage in any Internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about Internet users without their permission;

 

To the extent that any of the following activities materially interfere with this Website or NASCAR’s networks and systems or any supporting third party networks and systems (“Supporting Services”) You will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Website or any Supporting Services; (b) disrupt the normal flow on this Site or the Supporting Services or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (c) interfere with, disrupt, or harm in any way the or servers or networks connected to this Website or any Supporting Services; (d) use this Website or the Supporting Services to access the accounts of others without permission; (e) attempt to penetrate security measures of this Website, Supporting Services, or any other entity, or obtain or bypass others’ passwords; or (f) engage in denial of service attacks, or take actions designed to impair network access by flooding a site or the Internet with useless traffic; or (i) use the Website Supporting Services so as to damage, disable, overburden or impair the Website or Supporting Services or interfere with any other party’s lawful use of the Website or Supporting Services.

 

You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of the Website.

 

Registration
In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself and your company (including without limitation contact and company information) as prompted by the Website’ registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you.  Providing untrue or misleading information or otherwise violating this section may be subject to criminal and/or civil liability.

 

You shall receive a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify NASCAR of any unauthorized use of your password or user name or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) without limiting the indemnity granted below, defend, indemnify and hold harmless NASCAR from any loss or damage arising from unauthorized use of your password or user name.

 

Information
NASCAR may make changes at any time to the Website and the information, Content, products and services and any other material displayed on, offered through or contained on this Website.  This Website may include inaccuracies or typographical errors that may be corrected as they are discovered at NASCAR’s sole discretion.

 

No Warranties
THE WEBSITE AND THE CONTENT, AS WELL AS ALL CONTENT, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, CURRENCY AND COMPLETENESS.   WITHOUT LIMITING ANY OF THE FOREGOING OR ANY PROVISION OF THESE TERMS, NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE IS MADE REGARDING (I) THE SECURITY OF THE WEBSITES OR ANY REGISTRATION DATA, OR THE ABSENCE OF ANY VIRUS, BUG, ERROR, DEFECT, OR OTHER HARMFUL COMPONENT ON OR WITHIN THE WEBSITES OR THE CONTENT, OR ANY CORRECTIVE EFFORTS FOR ANY SUCH ASPECT OF THE WEBSITES, (II) THE ACCURACY, RELIABILITY, QUALITY, OR COMPLETENESS OF THE CONTENT OR ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE OR PRODUCTS OR SERVICES PROVIDED OR AVAILABLE THROUGH THE WEBSITES, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES, (IV) THE AVAILABILITY OR PERFORMANCE/NON-PERFORMANCE OF THE WEBSITES, OR (V) THE AVAILABILITY OF CONTENT, PRODUCTS AND/OR SERVICES REFERENCED ON THE WEBSITES, WHETHER THROUGH THE WEBSITES OR (WHERE APPLICABLE) AT ANY PARTICIPATING RETAILER, LICENSEE OR PARTNER OR RETAILER, LICENSEE OR PARTNER LOCATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NASCAR OR THROUGH OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE WEBSITES AND THE CONTENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.

 

General Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NASCAR, ITS LICENSORS, ANY CONTENT PROVIDER, AND ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES, EXPENSES OR DAMAGES, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS,  ARISING FROM ANY INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND IN CONNECTION WITH, RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE WEBSITES, THE CONTENT, OR ANY USE (INCLUDING ANY DELAY OR INABILITY TO USE) THEREOF.  THE LIMITATIONS AND EXCLUSIONS HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS, DAMAGE OR EXPENSE.

 

If, notwithstanding the above, a Covered Party is found liable for any claim, loss, damage or expense relating to the Website, the Content or these Terms, you agree the maximum total cumulative liability of any Covered Party to you shall not exceed the greater of (i) the fee or charge actually paid by you to NASCAR in connection with your submission of Registration Data and (ii) $10 (USD).

 

This provision shall survive the termination of your right to use this Website.

 

International Use
No representation is made that the Website or the Content are appropriate or available for use in locations outside the United States and Canada.  If you use the Website or Content from a location other than the United States or Canada, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.

 

Third Parties
If you use the Website on behalf of a third party (“Third Party”), including by way of example only your employer, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms applicable to the Website.

 

Indemnity
Both you and the Third Party on whose behalf you may be using the Website agree to defend, indemnify and hold harmless each Covered Party from any and all loss, damage, liability, cost and expense, including without limitation legal fees and costs, arising directly or indirectly or otherwise incurred by any or all of them as a result of or in any way related to any breach of the Terms by you or the Third Party, or any use by you or the Third Party of the Website or the Content, or any use or exercise of any rights, licenses or materials relating to the Website or the Content in any way contrary to the Terms by you or the Third Party. This provision shall survive the termination of your right to use this Website.

 

User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered by you in connection with your use of the Website (collectively, “Comments”), shall be and remain the exclusive property of NASCAR, and may be used by NASCAR in any medium and for any purpose worldwide without your consent (subject to the Privacy Policy in the case of Comments that include or comprise personal information).  Subject to the Privacy Policy in the case of Comments that include or comprise personal information, NASCAR is under no obligation to maintain your Comments in confidence, to pay to you any compensation for any Comments, or to respond to your Comments. You agree you will be solely responsible for the content of any Comments you make.

 

Links to other Websites and Services
To the extent the Website contain links to other third party websites, such links are provided for convenience only.  Such third party websites are not controlled by NASCAR, and you access and use of any such websites, including any information, material, content, products or services contained or available therein, are solely at your own risk.  No affiliation with or endorsement by NASCAR of any third party or its products or services is expressed or implied by any information, material or content referred to, included on, framed within, or linked from or to this Website.  Your use of such third party websites is subject to the terms and conditions of use and privacy policies of such websites.  The Covered Parties do not guarantee or warrant the accuracy or completeness of the information, material or content included on any such linked websites, and shall bear no responsibility or liability for those linked websites, their respective privacy practices and contents, or any use of those websites or their information, material, content, products or services.

 

Miscellaneous
The titles and headings in these Terms are only for convenience, and shall no affect the construction or interpretation of these Terms.  These Terms represent the entire agreement between you and NASCAR regarding your use of the Website and the Content and supersede any prior agreements, understandings, statements or representations. No failure by NASCAR or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies.  If any provision of these Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.  The Terms and any acts or performance hereunder shall be governed by and construed in accordance with the laws of the State of Florida, USA, excluding its conflicts of law rules. The jurisdiction for any claim or action arising from or relating in any way to these Terms, the Website and Content, or your use thereof shall be in the state courts in Volusia County, Florida or in a case of exclusive federal jurisdiction in the federal courts of the Middle District of  the State of Florida.  You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. This Agreement shall be interpreted according to its express terms, with no presumptions against the drafting party.  It is the express wish of the parties that these Terms and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.  This provision shall survive the termination of your right to use this Website.

 

 © 2006 NASCAR Inc. All rights reserved.