ACCEPTANCE
OF TERMS
RacingQuarters.com
provides its service to you, subject to the following Terms of Service
("TOS"). In consideration for your use of RacingQuarters.com services,
you agree to accept all TOS, together with any modifications or amendments
thereto. Throughout the TOS, the term "you" shall mean the user of the
service, whether that user is a natural person, corporation or other
entity.
DESCRIPTION OF OUR SERVICE
RacingQuarters.com
provides users with access to internet resources, services and tools,
such as our digital photo and video media classified ad services, the
RACING BUZZ Message Board and the RACE LINKS DIRECTORY (our "Service").
You understand and agree that our Service may include advertisements
and that these advertisements are necessary for RacingQuarters.com to
provide our Service. You also understand and agree that our Service
may include certain communications from RacingQuarters.com, such as
service announcements, administrative messages, advertising partner
messages and possibly a RacingQuarters.com Newsletter, and that these
communications are considered part of RacingQuarters.com account participation
membership. Unless explicitly stated otherwise, any new features or
Services that augment or enhance the current Service, shall be subject
to the TOS. You understand and agree that our Service is provided "AS-IS"
and that RacingQuarters.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to
our Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for
all equipment necessary to access our Service.
CONDITIONS
OF ADVERTISEMENT SERVICES
You
agree to pay, in advance, all amounts or fees owed to RacingQuarters.com
for the placement of your Ad, whether or not you upload a photo or video
with your Ad. Upon RacingQuarters.com's confirmation receipt of all
amounts or fees owed for the selected Ad, you shall have the right to
upload a photo and/or submit additional photos or video with your Ad
(depending on the type of Ad purchased) at anytime up and until the
expiration or cancellation of the Ad, whichever occurs first. If you
elect to place a photo or video with your Ad, you shall have the responsibility
of providing your photo or video for your Ad. The photo(s) or video
shall comply with all requirements and procedures set forth by RacingQuarters.com.
RacingQuarters.com may, upon request, provide technical assistance if
needed. RacingQuarters.com does not expressly or impliedly guarantee
the sale of your horse, your horse's services, nor the owner's products
or services. All advertisement listings are subject to reasonable editorial
changes to maintain the integrity and prestige of our service. If you
provide contact information for people interested in your horse(s) products
or services, RacingQuarters.com is not responsible for any misuse of
this information. It is your responsibility to remove your ad from the
RacingQuarters.com service upon sale or transfer. RacingQuarters.com
is not responsible for typos or accidental errors appearing on the service.
RacingQuarters.com is not responsible for violations created or caused
by service users and/or customers. Potential violations include, but
are not limited to: copyright, trademark, trade names, patents, or other
violations of any local, state, federal or international laws. We suggest
that you report any incidents of fraud to the Internet Fraud Complaint
Center and your local authorities. Subject to court order or law enforcement
directions RacingQuarters.com reserves the right to remove or not remove
an ad based on the accusation of fraud. Postings on RacingQuarters.com
are dynamic and RacingQuarters.com is not responsible for saving variations
and changes to postings. RacingQuarters.com does not as a matter of
course retain copies of expired postings.
NO
GUARANTEE
RacingQuarters.com
does not guarantee the sale of your horse, your horse's services, your
products or services or any other product or service advertised on RacingQuarters.com’s
site. Equine.com does not guarantee the owner/seller's services, representations,
or any horse's performance or fitness for a particular purpose. In addition,
RacingQuarters.com strongly recommends that a pre-purchase exam should
be performed by the buyer's equine veterinarian of choice, on any horse
prior to purchase. RacingQuarters.com does not guarantee or warrant
the performance of any person or entity advertising on its site. RacingQuarters.com
does not control the Content posted via our Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
YOUR
REGISTRATION OBLIGATIONS
In
consideration of your use of our Service, you represent that you are
of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by our Service's
New Account registration form (such information being the "Account Data")
and (b) maintain and promptly update the Account Data to keep it true,
accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or RacingQuarters.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, RacingQuarters.com has the right to suspend
or terminate your account and refuse any and all current or future use
of our Service (or any portion thereof). When you create an RacingQuarters.com
Account and allow your child to access the account, you certify that
you are at least 18 years old and that you are the legal guardian of
the child/children using the RacingQuarters.com account. By allowing
a child to use your RacingQuarters.com account, you also give your child
permission to access all of our Services including, email, RACING BUZZ
message board, instant messages and chat (among others). Please remember
that the service is designed to appeal to a broad audience. Accordingly,
as the legal guardian, it is your responsibility to determine whether
any of our Services and/or Content are appropriate for your child.
PRIVACY
POLICY
Account
Data and certain other information about you is subject to our Privacy Policy. Our privacy
policy, together with any amendments thereto, is incorporated by reference
to the TOS as though set forth herein.
MEMBER
ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing our
Service's New Account registration process. You are responsible for
maintaining the confidentiality of the password and account, and are
fully responsible for all activities, whether authorized by you or not,
that occur under your password or account. You agree to immediately
notify RacingQuarters.com of any unauthorized use of your password or
account or any other breach of security. RacingQuarters.com shall not
be liable for any loss or damage arising from your failure to comply
with this Section, including, but not limited to, any unauthorized use.
MEMBER
CONDUCT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials (hereinbefore
and after the "Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content originated.
This means that you, and not RacingQuarters.com, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise
make available via our Service. RacingQuarters.com does not control
the Content posted via our Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that
by using our Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will RacingQuarters.com
be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via our Service. You agree to
not use our Service to: upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable; harm minors in any way; impersonate any person or entity,
including, but not limited to, a RacingQuarters.com official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through our Service; upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements); upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party; upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as classifieds) that are designated for such purpose; upload,
post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; interfere with
or disrupt our Service or servers or networks connected to our Service,
or disobey any requirements, procedures, policies or regulations of
networks connected to our Service; "stalk" or otherwise harass another;
or collect or store personal data about other users. You acknowledge
that RacingQuarters.com may not pre-screen Content, but that RacingQuarters.com
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse to publish or remove any Content that is available
via our Service. Without limiting the foregoing, RacingQuarters.com
and its designees, in their sole discretion, shall have the right to
remove any Content that violates any provision of the TOS or is otherwise
objectionable.
VIOLATIONS
If
you see slanderous or malicious Content on our site, please notify us.
We will, in our sole discretion remove any Content deemed malicious,
scandalous, harmful or inconsistent with the integrity and prestige
of our Service. If you see a possible stolen or missing horse listed
on our site for sale, please contact us and it will be removed as soon
as possible after verification of claim has been received from an appropriate
authority. Please report any violations of the TOS to RacingQuarters.com.
ACKNOWLEDGEMENT
OF RISK
You
agree that you have evaluated the risks of using our Service, including,
but not limited to, misuse of your information by third parties, damage
to your computer or system through the use of our Service and bear all
risks associated with the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. As a result,
you agree to assume all risks associated with the use of any Content.
In this regard, you acknowledge that you may not rely on any Content
created by RacingQuarters.com. You acknowledge, consent and agree that
RacingQuarters.com may access, preserve, and disclose your account information
and Content if required to do so by law or RacingQuarters.com reasonably
believes in good faith that such access, preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights
of third-parties; (d) respond to your requests for customer service;
or (e) protect the rights, property, or personal safety of RacingQuarters.com,
its users and the public. You understand that the technical processing
and transmission of our Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
You understand that our Service and software embodied within the Service
may include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set
by RacingQuarters.com and/or content providers who provide content to
our Service. You may not attempt to override or circumvent any of the
usage rules embedded into our Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on our Service, in whole or in part, is strictly prohibited.
INTERNATIONAL
USE
You
acknowledge the global nature of the Internet and you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside.
CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
RacingQuarters.com
does not claim ownership of any Content you submit or make available
for inclusion on our Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of our
Service, you grant RacingQuarters.com the following world-wide, royalty
free and non-exclusive license(s), as applicable: The license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on our Service solely for the purposes of providing
and promoting RacingQuarters.com to which such Content was submitted
or made available. This license exists in perpetuity. "Publicly accessible"
areas of our Service are those areas of RacingQuarters.com that are
intended by RacingQuarters.com to be available to the general public.
INDEMNITY
You
agree to indemnify and hold RacingQuarters.com, its subsidiaries, affiliates,
officers, agents, co-branders or other partners and employees harmless
against and with respect to any action, suit, proceeding, demand, assessment,
judgment, loss, cost, liability, damage or expense, including attorneys’
fees and court costs, now existing or hereafter arising as a proximate
result of Content you submit, post, transmit or make available through
our Service, your use of our Service, your connection to our Service,
your violation of the TOS or violation of any international, federal,
state or local treaty, statute, law and/or regulation relating to your
use of our Service.
NO
RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of our Service, use of our
Service, or access to our Service. You may create Content on behalf
of another so long as they have agreed to all site terms. You may not
present or hold yourself out as a representative of RacingQuarters.com
or represent RacingQuarters.com in any way.
GENERAL
PRACTICES REGARDING USE AND STORAGE
You
acknowledge that RacingQuarters.com may establish general practices
and limits concerning use of our Service. You agree that RacingQuarters.com
has no responsibility or liability for the deletion or failure to store
any messages and other communications or other Content maintained or
transmitted by our Service. You further acknowledge that RacingQuarters.com
reserves the right to modify these general practices and limits from
time to time.
MODIFICATIONS
TO SERVICE
RacingQuarters.com
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, our Service (or any part thereof) with or
without notice. You agree that RacingQuarters.com shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of our Service.
TERMINATION
You
agree that RacingQuarters.com may, under certain circumstances and without
prior notice, immediately terminate your RacingQuarters.com account,
any associated Content, and access to our Service. Grounds for such
termination shall include, but shall not be limited to, (a) breach or
violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance
or material modification to our Service (or any part thereof), (e) unexpected
technical or security issues or problems, and/or (f) extended periods
of inactivity, (g) failure to pay for our Service, and (h) violations
of any law, statute, treaty or rule pertaining to your use or connection
to our Service. Termination of your RacingQuarters.com account includes
(a) removal of access to all offerings within our Service, (b) deletion
of your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring further
use of our Service. Further, you agree that all terminations for cause
shall be made in RacingQuarters.com's sole discretion and that RacingQuarters.com
shall not be liable to you or any third-party for any termination of
your account, any associated email address, or access to our Service.
DEALINGS
WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions
with, advertisers found on or through our Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that RacingQuarters.com shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on our Service.
LINKS
Our
Service may provide or third parties may provide links to other World
Wide Web sites or resources. Because RacingQuarters.com has no control
over such sites and resources, you acknowledge and agree that RacingQuarters.com
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that RacingQuarters.com
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
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
RACINGQUARTERS.COM'S
PROPRIETARY RIGHTS
You
acknowledge and agree that our Service and any necessary software used
in connection with our Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through our Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by RacingQuarters.com or advertisers, you agree
not to use, modify, rent, lease, loan, sell, distribute or create derivative
works based on our Service or the Software, in whole or in part. RacingQuarters.com
grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not and do not allow any third party to copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including without limitation for
the purpose of obtaining unauthorized access to our Service. You agree
not to access our Service by any means other than through the interface
that is provided by RacingQuarters.com for use in accessing our Service.
DISCLAIMER
OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. RACINGQUARTERS.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RACINGQUARTERS.COM MAKES
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RACINGQUARTERS.COM OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY
OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE
AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE
-- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION
OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT RACINGQUARTERS.COM, ITS OFFICERS,
EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RACINGQUARTERS.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
EXCLUSIONS
AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
SPECIAL
ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend
to create or join any Service, receive or request any news, messages,
alerts or other information from our Service concerning loans, insurance
or other financial, real estate or legal services or issues, please
read the above Sections again. Our Service is provided for informational
purposes only. RacingQuarters.com, its agents, officers, employees,
successors, assigns or licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted
or made available via our Service, and shall not be responsible or liable
for any decisions made based on such information.
NO
THIRD PARTY BENEFICIARIES
You
agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
NOTICE
RacingQuarters.com
may provide you with notices, including those regarding changes to the
TOS, by either email, regular mail, or postings on our Service.
TRADEMARK
INFORMATION
The
RacingQuarters.com logo and RACINGQUARTERS.COM THE FASTEST HORSES ON
THE PLANET, trademarks and service marks and other RacingQuarters.com
logos and product and service names are trademarks of RacingQuarters.com.
(hereinafter collectively the "RacingQuarters.com Marks"). Without RacingQuarters.com's
prior written permission, you agree not to display or use in any manner,
the RacingQuarters.com Marks.
COPYRIGHT
NOTICE
All
materials and content located and published on the RacingQuarters.com
website, including but not limited to: text, graphics, photos, digital
media, RacingQuarters.com logos etc. are protected by U.S. copyright
law and may not be copied, used, reproduced, or transmitted in whole
or in part without the express written consent of RacingQuarters.com.
Re-use of any of these materials or content online for any purpose is
strictly prohibited and may be considered a violation of 17 U.S.C. Section
101, which indicates that the offender could liable for statutory damages
as high as $150,000 as set forth in Section 504(c)(2) or, up to 10 years
in prison for Criminal Infrigement of a Copyright (18 U.S.C. § 2319).
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
RacingQuarters.com
respects the intellectual property of others, and we ask our users to
do the same. RacingQuarters.com may, in appropriate circumstances and
at its discretion, disable and/or terminate the accounts of users who
may infringe on the copyrights of others. If you believe that your work
has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please
provide RacingQuarters.com's Copyright Agent the following information:
- an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
- a
description of the copyrighted work or other intellectual property
that you claim has been infringed;
- a
description of where the material that you claim is infringing is
located on the site;
- your
address, telephone number, and email 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;
- a
statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf.
RacingQuarters.com's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
Via U.S. mail:
Copyright Agent
c/o RacingQuarters.com
P.O. Box 3171
Culver City, CA 90231
By FAX: (213) 271-2181
GENERAL
INFORMATION
- Entire
Agreement. The TOS constitute the entire agreement between you and
RacingQuarters.com and governs your use of our Service, superceding
any prior agreements between you and RacingQuarters.com. You also
may be subject to additional terms and conditions that may apply when
you use or purchase certain other RacingQuarters.com services, affiliate
services, third-party content or third-party software.
- Choice
of Law and Forum. The TOS and the relationship between you and RacingQuarters.com
shall be governed by the laws of the State of California without regard
to its conflict of law provisions.
- Waiver
of Jury Trial; Arbitration. You agree to submit any dispute arising
out of this Agreement to binding Arbitration. Either party may submit
any dispute arising out of the terms of this Agreement to binding
arbitration administered by the American Arbitration Association under
the Commercial Arbitration Rules. Judgment on the award rendered by
the arbitrators may be entered in any court having jurisdiction. The
parties agree that any such controversy shall be submitted to three
arbitrators selected pursuant to the provisions of the American Arbitration
Association Commercial Arbitration Rules. This arbitration agreement
applies regardless of the claims or causes of action alleged. The
arbitrators’ award will be final and binding, but in no event can
an award exceed the amount of direct compensatory damages actually
incurred by the claiming party, and no party can recover for anything
other than the benefit of the bargain under the agreement. The parties
further agree that no punitive or exemplary damages can be considered
or awarded by the arbitrators. The parties agree that the American
Arbitration Association Commercial Arbitration Rules are modified
as follows: the procedures set forth in California’s Rules of Civil
Procedure applicable in California will govern the arbitration, including
those relating to disclosures and listing of witnesses and exhibits,
initiation and completion of discovery, and dispositive motions. The
parties agree that any arbitration conducted in this case shall be
held in Kern County, California.
-
Attorneys’ Fees. In the event it becomes necessary for any party to
employ counsel to enforce any of the provisions of the TOS, or the
breach thereof, then, in that event, the non-prevailing party agrees
to pay to the other party all of such other party’s costs and expenses,
including reasonable attorneys’ fees.
- Waiver
and Severability of Terms. The failure of RacingQuarters.com to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
- No
Right of Survivorship and Non-Transferability. You agree that your
RacingQuarters.com account is non-transferable and any rights to your
RacingQuarters.com member account, password, username or contents
within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated and all contents
therein permanently deleted.
- Statute
of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of our Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
- Miscellaneous.
If any provision in the TOS is held to be illegal, invalid or unenforceable,
such provision shall be reformed to reflect the intent of the parties
and the economics of the transaction and the validity, legality or
enforceability of the remaining provisions will not, in any way, be
affected or impaired thereby.
- Headings
contained in the TOS are included for convenience only and form no
part of the agreement between the parties. If a question of interpretation
arises, the Agreement shall be construed as if drafted jointly by
the parties, and no presumption or burden of proof shall arise favoring
or disfavoring any party by virtue of the authorship of any provision
of this Agreement.
DISCLAIMERS
General
RacingQuarters.com
does not express any warranty or hold any responsibility for the content
or opinions expressed by the ads, links, message board or photos displayed
on this website. Furthermore, RacingQuarters.com is not liable
for any misrepresentation, damages or legal responsibilities that may
result from either viewing or responding to any of the ads or links
that are displayed at RacingQuarters.com. RacingQuarters.com
cannot be held responsible for violations created by it's users and/or
customers. These violations include, but are not limited to: copyright
violation, trademark violations, trade names or patents, or other content
which is in violation of any local, state or federal laws. By using
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