| 1. General This Stewart-Haas Racing Website (this “Website") is made available to you pursuant to the following Terms of Use and any other rules or policies posted on this Website. All such rules and policies are incorporated by reference into these Terms of Use. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any other rules or policies posted on this Website. As used in these Terms of Use, Stewart-Haas Racing, and its affiliates. 2. Trademarks and Trade Names All trademarks, service marks, logos, graphics, domain names, metatags, trade dress, and trade names applicable to Stewart-Haas Racing’s business, operations, facilities, products and services (collectively, “Stewart-Haas Racing’s Intellectual Property") are owned exclusively by Stewart-Haas Racing. Stewart-Haas Racing’s Intellectual Property may not be used in connection with any product or service that is not Stewart-Haas Racing’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stewart-Haas Racing. All other trademarks, service marks, logos, graphics product names and company names not owned by Stewart-Haas Racing that appear on this Website are the property of their respective owners. 3. Copyrights All content included on this Website, including, without limitation, text, graphics, logos, button icons, images, audio clips, and software, and the compilation (meaning the collection, arrangement, and assembly) of such content, are the property of Stewart-Haas Racing, or its content suppliers and are protected by United States and international copyright laws. All software used on this Website is the property of Stewart-Haas Racing, or its software suppliers and is protected by United States and international copyright laws. The content and software on this Website are to be used only for providing information regarding Stewart-Haas Racing to persons who visit this Website. Any other use of the content and software on this Website, including the reproduction, modification, distribution, transmission, republication, display or performance of such content and software, is strictly prohibited. 4. Use of Website This Website is owned and operated by Stewart-Haas Racing, and is for your personal, noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any content (including, without limitation, any text, graphics, logos, button icons, images, audio clips, and software) included on this Website. Notwithstanding the generality of the foregoing, you may download on any single computer one copy of the information included on this Website for your personal, noncommercial use only, provided that you do not modify any of such information and that you keep intact all copyright and other proprietary notices contained in such information. This permission terminates automatically if you breach any of these Terms of Use, and upon such termination, you must immediately destroy any downloaded and printed materials (and all copies thereof). The use of any content included on this Website on any other website or networked computer environment is strictly prohibited. Any unauthorized use of the content included on this Website is prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 5. Disclaimer of Warranties THIS WEBSITE IS PROVIDED BY Stewart-Haas Racing ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. Stewart-Haas Racing MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO: THIS WEBSITE OR ANY OF THE INFORMATION, CONTENT AND MATERIALS INCLUDED ON THIS WEB SITE; THE OPERATION, USE OR RESULTS OF USE OF THIS WEBSITE; OR THE CORRECTNESS, ACCURACY, AND RELIABILITY OF THIS WEBSITE. Stewart-Haas Racing MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS WEBSITE AND ANY OTHER SERVICES PROVIDED BY Stewart-Haas Racing WILL BE FREE OF ERRORS, THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Stewart-Haas Racing HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. 6. Limitation of Liability IN NO EVENT SHALL Stewart-Haas Racing BE LIABLE FOR ANY LOSSES, INJURIES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF ANTICIPATED PROFITS OR BENEFITS, OR ANY OTHER ECONOMIC LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE DELAY INABILITY TO USE THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN Stewart-Haas Racing HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES, INJURIES OR DAMAGES. YOU ASSUME THE ENTIRE RISK AND RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, ERRORS, USE OR RELIANCE ON INACCURATE INFORMATION, WEBSITE DOWN TIME OR INTERRUPTIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY, OR YOUR DISSATISFACTION WITH THIS WEB SITE, IS TO DISCONTINUE YOUR USE OF THIS WEBSITE. 7. Links to Other Sites This Website may contain links to other websites not owned by Stewart-Haas Racing, (the “Linked Sites"). The Linked Sites are not under the control of Stewart-Haas Racing, and Stewart-Haas Racing is not responsible for the availability of such Linked Sites, does not endorse and is not responsible or liable for any content, products or other materials available on any Linked Site, including, without limitation, any link contained in a Linked Site. In the event that Stewart-Haas Racing provides a link to a Linked Site, such links are provided only as a convenience, and the inclusion of any such link does not imply endorsement by Stewart-Haas Racing of the Linked Site or any association with the Linked Site’s operators. 8. Legal Compliance You agree to comply with all applicable laws, statutes, regulations and ordinances. 9. Miscellaneous Stewart-Haas Racing retains title and ownership of this Website and reserves the right to make changes to this Website at any time. These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to its conflicts of law rules. You agree that any action arising out of or connected in any way with this Website and/or your use of this Website shall be brought in the state or federal courts in Mecklenburg County, North Carolina, and you hereby waive any right to assert jurisdiction or venue in any other court. Stewart-Haas Racing may, from time to time and at any time, amend any of these Terms of Use by posting the amended terms on this Website. These Terms of Use may not be otherwise amended except in a writing signed by Stewart-Haas Racing. Any waiver of any of these Terms of Use will be effective only if in writing and signed by Stewart-Haas Racing and the failure of Stewart-Haas Racing to exercise or enforce any of these Terms of Use shall not constitute a waiver of such right or provision. 10. Notice/Procedure for Claims of Copyright Infringement Note: This procedure is exclusively for notifying Stewart-Haas Racing that you believe your copyrighted material has been infringed. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Stewart-Haas Racing’s Copyright Agent with a written notice containing the following information: * A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you claim has been infringed; * A description of the copyrighted work that you claim has been infringed upon; * A description of the material that you claim to be infringing or to be the subject of infringing activity, and a description of where such material is located on this Website; Your address, telephone number, and e-mail address; * A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and * A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. For purposes of 17 U.S.C. € 512(c) and 37 C.F.R. € 201.38, Stewart-Haas Racing’s Copyright Agent for notice of claims of copyright infringement listed at the Contact Us page of this Website. |
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