VIP Garage Terms of Use
OVERVIEW OF THE PROGRAMS
OVERVIEW OF THE PROGRAMS VIP Garage and www.stewarthaasracing.com programs (the "Program") is offered by Stewart-Haas Racing Inc. (the "Company") to permit members of the Program ("Members") the opportunity to get closer to the sport of stock car racing, SHR, service providers, and other "hardcore" fans of NASCAR®. Members have the opportunity to take advantage of benefits and rewards offered through the Program from the Company and its participating Program sponsors, affiliates, partners and service providers, including, but not limited to, NASCAR® drivers, teams and tracks (together, "Providers").
PARTICIPATION IN THE PROGRAMS
The Program is open to all individuals. However, persons who are under eighteen (18) years of age must have an adult register them for the Program . If you do not qualify, please do not attempt to participate. In order to participate, an individual must be a Member in good standing. The Program is void where prohibited or restricted by law.
The Program is intended to be suitable for all ages. However, the Program reserves the right to limit the access of minor Members to certain rights, benefits, offerings or privileges of the Program which the Company deems unsuitable to minors or in order to comply with applicable law.
To participate, you must complete an application. You will be required to enter your first and last name, a login name, password, date of birth (DOB), mailing and e-mail addresses, telephone number, and gender. If the Company accepts your application to become a Member, the Company will establish an account in your name ("Account"). Individuals may only become involved as Members in their own name and may not transfer any benefits or rights under the Program to other parties. Members may not represent or act as a proxy for other Members or other parties, except for adults registering minors as members. Membership is personal to the Member and is not transferable to any other person or entity. Members are responsible for all use of their Accounts (under any screen name or password) and for ensuring that all use of their Account complies fully with these Terms and Conditions. Members shall be responsible for protecting the confidentiality of their password(s), if any. Each Member is responsible for ensuring that the information in his or her Account is accurate and is kept current.
CONSENT TO TERMS
Participation in the Program constitutes each Member's full and unconditional agreement to these Terms and Conditions, as well as (a) to any user agreements, terms and conditions, or other documents pertaining to the Company's web sites, (b) any Member or other guides distributed by the Company, and (c) any other rules, guides, terms or policies designated by the Company from time to time pertaining to the Program, all of which are deemed incorporated into these Terms and Conditions. Participation in the Program is contingent upon the Member's compliance with these Terms and Conditions. Members who do not comply with these Terms and Conditions may be prohibited from participating in the Program.
USE OF INFORMATION
The personal information that is collected from Members in connection with the Program will be used in accordance with (a) the Company's Privacy Policy then in effect and (b) the privacy policies of the Providers, where applicable. Click here to view the Company's current Privacy Policy. As described in the Company's Privacy Policy, information collected from Members may be made available to National Association for Stock Car Auto Racing, Inc. ("NASCAR") for NASCAR's® general marketing and analytical purposes in connection with the promotion of the sport. Information submitted by a Member may be transferred to and from a Provider to facilitate the Member's participation in the Program. To learn how this information may be used by a Provider, please read that Provider's privacy policy.
The Company will not be liable or responsible in any manner for any tax consequences which may result from a Member's participation in the Program. Each Member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such Member's participation in the Program.
|
|
The Company reserves the right to discontinue the membership of any Member who, as determined in the sole discretion of the Company, (i) uses the Program for improper, deceitful or unethical purposes or in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances or (ii) acts (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten, or harass the Company or any other party, or (c) in any other disruptive manner. Discontinued membership or participation may result in the loss of all benefits and privileges. A Member terminated in this manner shall not be entitled to a refund of their membership fee, if any. In addition to discontinuance of Program membership or participation, the Company shall have the right to take appropriate administrative and legal action, including criminal prosecution, as it deems necessary in its sole discretion.
No Member shall attempt, directly or indirectly, to undermine, disrupt, hinder, or interfere with the proper operation of the Program in any manner whatsoever.
Membership and its privileges are for lawful purposes only. Any conduct by a Member that, in the Company's discretion, restricts or inhibits any other Member from using or enjoying the Program will not be permitted. Member shall not use membership in the Program to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Program. The Company shall have the right, but not the obligation, to monitor Members Program-related activities, including chat rooms and forums, attendance at races or other events sponsored by the Company and other participation in the Program, to determine compliance with these terms and Conditions Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on its Program web site. Should a Member violate these or other valid restrictions, the Company reserves the right, in addition to termination of privileges as set forth herein, to seek damages and other remedies from any such person to the fullest extent permitted by law. The Company's failure to enforce any of these Terms and Conditions shall not constitute a waiver of that, or any other, provision.
All questions or disputes regarding an individual's eligibility for the Program or a Member's compliance with these Terms and Conditions will be resolved by the Company in its sole discretion.
|
|
The Company may modify any of the terms and conditions governing the Program - including, but not limited to, Program eligibility requirements, application and enrollment procedures, applicable Member dues or charges, applicable Member benefits or privileges, the identity of the Providers, these Terms and Conditions, and any other applicable rules, guides, terms, or policies pertaining to the Program (including, without limitation, the Program Guides) - at any time, with or without notice, even though these changes may affect a Member's status or other rights, benefits, or privileges under the Program.
The Program has no predetermined termination date and may continue until such time as the Company decides to terminate the Program. The Company may terminate the Program at any time, with notice to the Member using his or her current contact information on file under his or her Account with the Company.
A Member's continued participation in the Program constitutes that individual's acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that the Company may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Company's web sites pertaining to the Program and will supersede all previous versions of these Terms and Conditions.
|
|
MEMBERS EXPRESSLY ACKNOWLEDGE THAT THE PROGRAM AND ALL ASSOCIATED WEB SITES AND MATERIALS ARE PROVIDED "AS IS," WITH EACH MEMBER PARTICIPATING AT HIS OR HER OWN RISK, AND THE COMPANY EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS PROVIDERS AND NASCAR ® AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY'S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS, ANY OTHER WARRANTIES REGARDING THE PROGRAM, THE ADMINISTRATION OF THE PROGRAM BY THE COMPANY, THE INVOLVEMENT OF PROVIDERS, AND THE PARTICIPATION OR INABILITY TO PARTICIPATE OF MEMBERS , INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY TRADE USAGE OR COURSE OF PERFORMANCE. ALL MEMBERSHIP DUES ARE NON-REFUNDABLE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY SPECIFICALLY DOES NOT WARRANT OR REPRESENT THAT THE OPERATION OF OR ACCESS TO THE PROGRAM OR ANY ASSOCIATED WEB SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ADEQUATE SECURITY MEASURES WILL BE IN PLACE TO PREVENT UNAUTHORIZED ACCESS TO INFORMATION OR OTHER TORTIOUS CONDUCT BY THIRD PARTIES, THAT PROGRAM ERRORS WILL BE CORRECTED, THAT PROGRAM INFORMATION IS CURRENT, RELIABLE OR ACCURATE, OR THAT ANY PARTICULAR PRIVILEGES OR BENEFITS GRANTED TO ANY MEMBER WILL BE DELIVERED OR HAVE ANY PARTICULAR VALUE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AUTHORIZED OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ORDERS. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS, ERRORS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR ANY FAILURE OF E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A MEMBER'S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN THIS PROGRAM.
MEMBERS FURTHER ACKNOWLEDGE THAT THEIR PARTICIPATION IN THE PROGRAM MAY INVOLVE ATTENDANCE AT RACE EVENTS, ADMITTANCE TO TRACK AREAS, AND OTHER MEETINGS AND EVENTS, AND THAT NEITHER THE COMPANY, NASCAR ® NOR THE PROVIDERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH ANY SUCH ATTENDANCE (OR INABILITY TO ATTEND) OR ADMITTANCE OR ANY PROPERTY DAMAGE, PERSONAL INJURY (UP TO AND INCLUDING DEATH), OR OTHER DAMAGE, COST OR EXPENSE THAT MAY BE INCURRED OR SUFFERED BY ANY SUCH MEMBER IN CONNECTION THEREWITH.
BY PARTICIPATING IN THE PROGRAM, EACH MEMBER ACCEPTS ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFIES AND HOLDS HARMLESS THE COMPANY, ITS AFFILIATES AND ITS PROVIDERS AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY'S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS (THE "RELEASED PARTIES"), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY THAT MAY ARISE EITHER DIRECTLY OR INDIRECTLY FROM ACTIONS TAKEN BY SUCH MEMBER, SUCH MEMBER'S PARTICIPATION (OR INABILITY TO PARTICIPATE) IN THE PROGRAM IN ANY MANNER OR RECEIPT OR USE OF (OR LACK OF RECEIPT OF) ANY BENEFIT, OR PRIVILEGE PERTAINING THERETO, SUCH MEMBER'S ATTENDANCE AT (OR INABILITY TO ATTEND) ANY PROGRAM EVENTS OR OTHERWISE ARISING FROM THE PROGRAM, FOR ANY ACTIONS OR OMISSIONS BY THE COMPANY, OR FOR ANY TORTIOUS ACTS BY ANY THIRD PARTY. MEMBERS ACKNOWLEDGE THAT THE COMPANY'S PROVISION OF THE PROGRAM UNDER THESE TERMS AND CONDITIONS, INCLUDING THE AMOUNT OF ANY DUES CHARGED, IS BASED ON THE EXPECTATION THAT THE RISK OF ANY LOSS, INJURY OR DAMAGE THAT MIGHT BE INCURRED IN CONNECTION WITH THE PROGRAM WILL BE BORNE BY THE MEMBERS THEMSELVES AND NOT BY THE COMPANY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE PROGRAM IN ANY MANNER, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. MEMBERS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE PROGRAM IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
IF NOTWITHSTANDING THE ABOVE LIMITATIONS MONETARY LIABILITY IS IMPOSED ON THE COMPANY, MEMBERS AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY'S LIABILITY TO A MEMBER OR ANY OTHER PARTY EXCEED THE LESSER OF ACTUAL DAMAGES OR $100.
EACH LIMITATION OF DAMAGES, DISCLAIMER OF WARRANTIES, OR LIMITATION OF REMEDIES SET FORTH HEREIN IS SEVERABLE AND INDEPENDENT, AND SHALL BE ENFORCED INDEPENDENTLY OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, EACH MEMBER HEREBY EXPRESSLY AND SPECIFICALLY AGREES THAT, ALTHOUGH THE COMPANY IS AUTHORIZED UNDER LICENSE TO UTILIZE THE TRADEMARKS OF NASCAR ® IN CONNECTION WITH THE PROGRAM, NASCAR ® IS A TRADEMARK LICENSOR ONLY, IS NOT INVOLVED IN THE PROGRAM, DOES NOT INSURE OR GUARANTEE THE PROGRAM IN ANY CAPACITY, AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY ASPECT OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE COMPLIANCE OF THE PROGRAM'S TERMS AND CONDITIONS WITH APPLICABLE LAWS AND REGULATIONS. ANY REVIEW OR INSPECTION BY NASCAR ® OF ANY PROGRAM MATERIALS IS FOR THE SOLE PURPOSE OF ENSURING THAT ALL USE OF THE NASCAR ® TRADEMARKS IS CONSISTENT WITH, AND DOES NOT JEOPARDIZE, NASCAR'S ® GOODWILL AND OWNERSHIP RIGHTS IN SUCH TRADEMARKS. EACH MEMBER HEREBY AGREES TO RELEASE AND HOLD NASCAR ® , AND NASCAR'S ® PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE PROGRAM, OR FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PROGRAM BENEFIT OR PRIVILEGE. UNDER NO CIRCUMSTANCES SHALL NASCAR ® OR ITS RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND REPRESENTATIVES OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (1) YOUR PARTICIPATION IN THE PROGRAM, (2) YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE ANY PROGRAM BENEFIT OR PRIVILEGE, OR (3) ANY FAILURE, DELAY, OR DECISION BY THE COMPANY IN ADMINISTERING THIS PROGRAM.
|
|
By participating in the Program, you allow the Company, NASCAR ® and their respective affiliated companies, and any of their respective sponsors or co-promotional partners, to use your name, photograph and likeness, and any postings you may make on web sites, for advertising or promotional purposes, including online announcements. For example, and not by way of limitation, photographs taken at competitive events or in connection with members-only events or promotions might be used to promote the Program or a Provider's services, products or benefits. You grant permission for any such use anywhere in the world and in any medium, without qualification or reservation of any rights and without the requirement of payment of any compensation to you or your family, except where prohibited by law.
|
|
Program materials and web sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents thereof are copyrighted as a collective work under the United States copyright laws. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that Member does not acquire any ownership rights by downloading copyrighted material.
Members shall not upload, post or otherwise make available on the Company's web sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Members. A Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Company's web site, a Member automatically grants, or warrants that the owner of such material has expressly granted the Company and NASCAR ® the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Each Member also permits any other Member to access, view, store or reproduce the material for that Member's personal use. Each Member hereby grants the Company and NASCAR ® the right to edit, copy, publish and distribute any material made available on the Company's web site by such Member.
The foregoing provisions are for the benefit of the Company, NASCAR ® and each of their respective subsidiaries, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
|
|
|
- The Program is controlled and operated by the Company from its offices in Concord, North Carolina. These Terms and Conditions and all other incorporated Program documentation shall be construed in accordance with the North Carolina law, without regard to any conflict of laws provisions, and shall constitute the complete and exclusive statement of the agreement of the parties with respect to the Program.
- Any dispute arising in connection with the Program or these Terms and Conditions shall be resolved exclusively by the state and federal courts located in Concord, North Carolina.
- These Terms and Conditions are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law.
- No failure or delay by the Company in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by the Company must be embodied in a written document signed by the Company.
|
|
| |
|
