Terms of Service
Welcome to www.AmericasRacingTeam.com (the “Website”) operated by ART Motorsport Inc. (“Operator”, “we”, “our”, or “us”). The Website offers visitors an opportunity to (i) learn about our plans to launch a NASCAR team (the “Team”), (ii) keep up to date with the latest Team news, and (iii) support the Team by becoming an official supporter of the Team (a “Partner”). The various Team Partner levels available for purchase, and their associated benefits, are described on the Website. Your use of the Website (including purchases of products and services on the Website) is subject to these Terms of Service (this “Agreement”).
1. Use of the Website. Please read this Agreement carefully before using the Website. By accessing the Website, you acknowledge and agree that you have read this Agreement, are at least eighteen (18) years of age, and wish to be bound by the terms and conditions set forth in the Agreement. If you are not at least eighteen (18) years of age or do not wish to be bound by the Agreement, you are not authorized to use the Website. We reserve the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Modified” at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage. You acknowledge and agree that Operator may stop (permanently or temporarily) providing the Website (or any features within the Website, or any products or services made available on the Website) to you or to users generally at Operator’s sole discretion, without prior notice. You agree to use the Website only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2. Partner Website Accounts.
2.1 User Registrations; Accurate Information. In order to access certain features on the Website, you may need to become a Partner. Partners may be provided, or may be permitted to create, a user account on the Website (“Account”). You agree that any information you provide to us will be accurate, complete and current information at all times.
2.2 User ID; Password. Partners who create an Account will obtain a user ID and password (collectively, your “Profile”). You agree not to allow any third party to use your Profile to access the Website and to safeguard your Profile so as not to enable any third party to access the Website. You agree to be responsible for failure to safeguard your Profile and allowing any other person or entity to access the password-protected portion of the Website by using your Profile or otherwise by using your Account. No part of a Profile or Account may be transferred or sold by you to another party. You agree to notify us immediately of any unauthorized use of your Profile or Account. You agree that we shall not be liable for any loss that results from the unauthorized use of your Profile or Account, either with or without your knowledge.
2.3 Revocation of User Accounts. You agree that we have the right to cancel your Account and/or revoke your Profile for any reason at any time, in our sole discretion, and you agree that we shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests. You acknowledge and agree that if we disable access to your Account, you may be prevented from accessing certain features of the Website, your Account details or any files or other content which is contained in your Account.
3.1 Purchases. You can become a Team Partner by paying us a fee (a “Team Partner Fee”) in the amount designated on the Website for a particular Partner level. In the event you wish to become a Team Partner or purchase any products offered on the Website, you will be asked by Operator or an authorized third party on Operator’s behalf to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase. You shall be responsible for all charges made in your product order as well as for any applicable taxes. We reserve the right to refuse any order you place with us. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Partner benefits are non-transferable.
3.2 Payment. Your right to any products that are available, including your right to be a Team Partner, is conditional on our receipt of the appropriate payment for your order. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and Partner status and any related benefits.
3.3 Product Descriptions. We attempt to be as accurate as possible in describing Team Partner levels and other products (including pricing) offered for purchase; however, we do not warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted).
3.4 Team Partner Fee Refund Policy. The terms and conditions regulating Team Partner Fee refunds are described in our Team Partner Fee Refund Policy, available at http://www.americasracingteam.com/.
3.5 Product Availability. Although availability may be indicated on the Website, we cannot guarantee product availability, and therefore, certain products (including without limitation products identified as benefits associated with being a Team Partner) may not be available for immediate delivery. Operator reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or Partner benefits or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
4. Copyright. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of Operator or its licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited. If you use material appearing on the Website contrary as set forth in the Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.
5. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Operator or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.
6.1 Submissions; Monitoring. The Website enables you to submit your comments and suggestions and other information to us (“Submissions”). We respect your ownership of and responsibility for the Submissions you wish to share. You acknowledge and agree that Operator does not and shall not have any obligation to review Submissions, and you agree that we do not have any obligation to use or respond to any Submission. By submitting a Submission, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous.
6.2 Grant of License to Submissions. By submitting Submissions, you grant, and represent and warrant that you have the right to grant, to Operator, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on Operator, whether of attribution or otherwise, and Operator shall not be liable for any use or disclosure of any such Submissions.
7. Links. Operator and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, software, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, software, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
8. GENERAL DISCLAIMER OF WARRANTIES.
8.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OPERATOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPERING ON THE WEBSITE, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. OPERATOR IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, OPERATOR DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. OPERATOR DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
9. LIMITATION OF LIABILITY.
9.1 IN NO EVENT SHALL OPERATOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.
10. Indemnification. You agree to indemnify, defend and hold Operator harmless from any claim, expense or demand, including without limitation reasonable legal fees, made by any third party due to or arising out of your use of the Website and/or breach of this Agreement, or your violation of any law or the rights of a third party.
11. Commercial Use. You acknowledge and agree that the Website and any products you obtain from us (including, without limitation, Partner accounts and benefits associated with a Partner account) may not be directly or indirectly repackaged or resold by you in connection with any commercial endeavors.
13. Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts located in the State of New York, County of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
14. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be assigned by Operator, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
15. Contact Us. If you have any questions or concerns regarding the Website, please contact us by calling 1-877-500-7224.
16. Last Modified: June 21, 2010