Last Modified: February 24, 2018
PLEASE REVIEW THE FOLLOWING TERMS THAT GOVERN YOUR USE OF THIS SITE.
ACCEPTANCE OF TERMS THROUGH USE
CLASS ACTION WAIVER
Each party agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE AND THE CONTENTS, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TUCSON SPEEDWAY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. TUCSON SPEEDWAYMAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY.
Goods or services neither manufactured nor rendered by Tucson Speedway are the sole responsibility of the manufacturer or provider of those goods or services. Tucson Speedway disclaims all warranties and responsibility for those goods and services. The Site may contain links to websites controlled by parties other than Tucson Speedway . Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. The Site does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Tucson Speedway or any Tucson Speedway parent, subsidiaries, limited liability or affiliate companies with respect to such sites and third-party content.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL TUCSON SPEEDWAY OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, THE CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES 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 BASIS, EVEN IF ISC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. REGISTRATION AND ACCOUNT SECURITY
Tucson Speedway makes no representation that the Site or the Contents are appropriate or available for use in locations outside the United States. If you use the Site or Contents from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.
CHOICE OF LAW AND FORUM
You acknowledge that Tucson Speedway is not responsible for any User Material posted in any Community Feature or otherwise available at or through The Site, including, without limitation, comments made by a Friend about prospective purchases. Tucson Speedway is merely providing access to such Community Features and User Materials as a service to you to be used in accordance with these Terms. You may only use the Community Features in a personal, noncommercial manner. With respect to any User Materials posted by other users, you acknowledge and agree that such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy and truthfulness of any such User Materials. Tucson Speedway has no control over whether such User Materials are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Tucson Speedway expressly disclaims any responsibility for User Materials. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment and caution in using User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any User Materials that you access or use. Tucson Speedway reserves the right, but not the obligation, to monitor, edit and/or remove any User Materials deemed inconsistent with these Terms or our policies. Tucson Speedway also reserves the right to terminate your Account if you violate any of these Terms or our policies, as determined in our sole discretion. If you are aware of any User Material on The Site which violates these Terms, please contact us by using the email support function at the Website. Please provide as much detail as possible, including a copy of the underlying material, the location where Tucson Speedway may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, Tucson Speedway will only remove User Materials if Tucson Speedway believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled “Copyright Infringement Claims.” Although Tucson Speedway may attempt to monitor User Materials, in no event does Tucson Speedway assume any particular obligation to do so or any liability for failing to either monitor any Community Feature or remove specific User Materials. Tucson Speedway respects the rights of all copyright holders and in this regard Tucson Speedway has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Site in a way that constitutes copyright infringement, please provide Tucson Speedway ’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that Site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Tucson Speedway copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached by email to: firstname.lastname@example.org or in writing to Tucson Speedway 11955 S. Harrison Road Tucson, AZ 85747.Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.
RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
SEVERABILITY AND INTEGRATION
Tucson Speedway may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time with or without notice to you. You agree that Tucson Speedway shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You may terminate your use of the Site at any time. Tucson Speedway reserves the right, in its sole discretion, to terminate your access and license to all or part of the Site at any time with or without notice.
Tucsonspeedway.com retains all ownership and other rights to any and all Tucsonspeedway.com logos and trademarks.
MOBILE APPLICATION TERMS OF SERVICE
All right, title, and interest in and to the Application (excluding Content provided by users) are and will remain the exclusive property of Tucson Speedway and its licensors. The Application is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Tucson Speedway name or any of the Tucson Speedway trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Tucson Speedway, or the Application is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Restrictions on Content and Use of the Application We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Application and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tucson Speedway, its users and the public. The Application is Available “AS-IS” Your access to and use of the Application or any Content is at your own risk. You understand and agree that the Application is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing,
TRACK AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Application or any content thereon. Tucson Speedway will not be responsible or liable for any harm to your computer system, mobile device, loss of data, or other harm that results from your access to or use of the Application, or any Content. You also agree that Tucson Speedway has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Application. We make no warranty that the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Tucson Speedway or through the Application, will create any warranty not expressly made herein. Links The Application may contain links to third-party websites or resources, including without limitation various social media websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; or (iii) any content or information you provide or disclose to such websites or resources. Links to such websites or resources do not imply any endorsement by Tucson Speedway of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACK AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPLICATION; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRACK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
This Application is operated and provided by Tucson Speedway.
If you have any questions about these Terms, please contact us email@example.com or 520-762-1600