THESE TERMS AND
CONDITIONS, ALONG WITH THE LEGAL NOTICES AND PRIVACY STATEMENTS
(COLLECTIVELY, THE “TERMS”), GOVERN YOUR USE OF THIS WEBSITE,
AS WELL AS ALL PRODUCTS AND SERVICES BY AJB MOTORSPORTS MARKETING
AND ITS SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES, AND APPLY
NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND
CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR
COMMUNICATION FROM BUYER.
1) Acceptance of terms through use: By using this website, you
signify your knowledge and acceptance of the Terms set out within
this site. If you do not agree with the foregoing sentence, please
do not use this site. AJB Motorsports Marketing reserves the
right, at our discretion and without prior notice, to modify the
Terms at any time. You agree to periodically review the Terms to
be aware of any such revisions. Should the revision be
unacceptable to you, you agree to stop accessing this site. Your
continued use of this site following any such revision(s) shall be
deemed as acceptance of and agreement to abide by all such
revisions.
2) Lawful Use: You agree to use this website for lawful purposes
only.
3) Copyrights: Except as expressly stated in this site, no portion
or element of this website (including information, images, logos,
photographs, graphics, and the overall appearance of the site) may
be reproduced, distributed, republished, downloaded, displayed,
posted, transmitted or copied in any form or by any means
whatsoever without the prior written permission of Motorsports
Authentics and all relevant copyright holders.
4) Trademarks: All other trademarks and logos used in this website
are the trademarks or logos of their respective owners.
5) Links to other websites: This website contains links to other
websites that are operated by third parties. 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 existence of these links does not constitute an
endorsement of such websites, and your linking to these sites is
at your own risk. 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 AJB Motorsports Marketing with respect to such sites
and third-party content.
6) Content Accuracy: While reasonable efforts have been made to
ensure the accuracy of this website’s content, no responsibility
can be taken for any error or omission.
7) Disclaimer; Limitation of Liability: YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR ANY USE OF THIS WEBSITE AND ITS
CONTENTS, WHICH ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, AJB MOTORSPORTS MARKETING
DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER 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. AJB MOTORSPORTS MARKETING
MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS
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. Your sole and exclusive
remedy for dissatisfaction with this site and/or ITS CONTENTS is
to stop ALL USE THEREOF.
Goods or services neither manufactured nor rendered by AJB
Motorsports Marketing are the sole responsibility of the
manufacturer or provider of those goods or services. We disclaim
all warranties and responsibility for those goods and services.
UNDER NO CIRCUMSTANCES SHALL AJB MOTORSPORTS MARKETING
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, ITS 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 AJB MOTORSPORTS MARKETING HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
8) International use: AJB Motorsports Marketing makes no
representation that this website or its contents are appropriate
or available for use in locations outside the United States. If
you use this site or its 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.
9) Submissions: We are pleased to hear from our visitors and
welcome your comments regarding our products and services.
Unfortunately, however, our company policy does not allow us to
accept or consider creative or original ideas, suggestions, or
materials other than those that we have specifically requested. We
hope you will understand that the intent of this policy is to
avoid the possibility of misunderstandings when projects developed
by our professional staff might seem to others to be similar to
their own creative work. Please do not send us any unsolicited
materials such as ideas, artwork or photos. While we do value your
feedback on our services and products, we request that you be
specific in your comments on those services and products, and not
submit any creative ideas, suggestions, or materials (unless
specifically requested by us). If, at our request, you send
certain submissions (such as postings to chat boards, or contest
entries) or, despite our request, you send us creative
suggestions, ideas, notes, drawings, concepts, or other
information (collectively, the "Submissions"), the
Submissions shall be deemed, and shall remain, our property. No
Submission shall be subject to any obligation of confidence on our
part and we shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, we shall
exclusively own all now-known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and
shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation
to the provider of the Submissions.
By posting or submitting content to this site, you (1) grant AJB
Motorsports Marketing and its affiliates and licensees the right
to use, reproduce, display, perform, adapt, modify, distribute,
have distributed, and promote the content in any form, anywhere
and for any purpose; and (2) warrant and represent that public
posting and use of that content by AJB Motorsports Marketing will
not infringe or violate the rights of any third party.
11) Risk of loss: All items purchased from this website 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.
12) Indemnification: Upon request by AJB Motorsports Marketing,
you agree to defend, indemnify, and hold harmless AJB Motorsports
Marketing and its subsidiary and other affiliated companies, and
their employees, contractors, officers, and directors from all
liabilities, claims, and expenses, including attorneys’ fees,
arising from your violation of these Terms or your use of this
website other than as permitted herein. AJB Motorsports Marketing
reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with AJB
Motorsports Marketing in asserting any available defenses.
13) Severability and integration: Unless otherwise specified
herein, these Terms constitutes the entire agreement between you
and AJB Motorsports Marketing with respect to this website and
supersedes all prior or contemporaneous communications and
proposals (whether oral, written, or electronic) between you and
AJB Motorsports Marketing with respect to this site. If any part
of these Terms is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and
effect.
14) Termination: AJB Motorsports Marketing reserves the right, in
its sole discretion, to terminate your access and license to all
or part of this website, with or without notice and with or
without cause.
|