TERMS OF USE NASCARmembers.com
NASCARmembers.com is only available to members. Member’s access to and use of NASCARmembers.com and all material, text, software, photos, videos, images, graphics, music and sound ("Content") is subject to the terms and conditions set forth below (the "Terms of Use"). NASCARmembers.com is available for Member’s use only on the condition that Member agrees to be bound by these Terms of Use, all with the intention to form a legally binding agreement.
1.General
Member agrees to comply with all of these Terms of Use. The right to use NASCARmembers.com is personal to member and is not transferable to any other person or entity. Member is responsible for all use of Member’s Account (under any screen name or password) and for ensuring that all use of Member’s Account complies fully with the provision of these Terms of Use. Member shall be responsible for protection and confidentiality of Member’s password.
Member shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment, as well as on-line services needed for access to and use of NASCARmembers.com and all charges related thereto.
Member understands that documents and information archived on NASCARmembers.com may have been superseded or are no longer valid. Member has the obligation to review periodically and keep updated on all documents from NASCAR Head Quarters. All documents from NASCAR Head Quarters take precedence over documents and information posted on NASCARmembers.com if there is a conflict.
2.Changed Terms
NASCAR shall have the right at any time to change or modify these Terms of Use, any part thereof, or to impose new conditions, including, but not limited to, adding fees. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on NASCARmembers.com or by electronic or conventional mail, or by any other means by which member obtains notice thereof. Any use of NASCARmembers.com by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.
3.Trademarks, Copyrights and Restrictions on Use
NASCARmembers.com contains copyrighted material, trademarks and other proprietary and confidential information, including, but not limited to text, software, photos, videos, graphics, music and sound, and the entire contents of NASCARmembers.com are copyrighted as a collective work under the United States copyright laws. NASCARmembers.com is for personal use only. Member may not copy, modify, alter, publish, distribute, transmit, participate in the transfer or sale, create derivative works from, or in any way exploit, NASCARmembers.com or any Content, in whole or in part, without NASCAR’s prior written consent. Member may not frame or utilize framing techniques to enclose any trademark, logo or Content contained on NASCARmembers.com without NASCAR’S prior written consent. 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 it does not acquire any ownership rights by accessing NASCARmembers.com or downloading any Content.
Member shall not upload, post or otherwise make available on NASCARmembers.com any material protected by copyright, trademark or other proprietary right without the prior written 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 Member. 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.
Any access or use of NASCARmembers.com or Content that is inconsistent with these terms is unauthorized and strictly prohibited.
NASCAR and NASCARmembers.com, and all logos are trademarks of NASCAR. All rights reserved. All other trademarks appearing on NASCARmembers.com are the property of their respective owners.
4.Disclaimer of Warranty and Limitation of Liability
MEMBER EXPRESSLY AGREES THAT USE OF NASCARmembers.com AND CONTENT IS AT MEMBER’S SOLE RISK. NEITHER NASCAR NOR ITS SUBSIDIARIES, AFFILIATES, SPONSORS, OR PROMOTIONAL PARTNERS OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT OR GUARANTEE THAT NASCARmembers.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NASCARmembers.com OR CONTENT, OR AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH NASCARmembers.com.
NASCARmembers.com AND ALL CONTENT IS PROVIDED ON AN "AS IS" BASIS AS A CONVENIENCE TO USERS. NASCAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND THEREFORE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT NASCAR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
IN NO EVENT SHALL NASCAR, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, OR PROMOTIONAL PARTNERS OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE OR RESPONSIBLE TO MEMBER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO NASCARmembers.com OR ANY CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH NASCARmembers.com, REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. MEMBER’S SOLE REMEDY FOR DISSATISFACTION WITH NASCARmembers.com OR ANY CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH NASCARmembers.com IS TO STOP USING THE SAME. THE FOREGOING REMEDIES ARE EXCLUSIVE.
FOR ENTRIES AND OTHER OFFICIAL SUBMISSIONS MADE BY MEMBER THROUGH NASCARmembers.com, NASCAR WILL PROVIDE AN ELECTRONIC ACKNOWLEDGEMENT. IF HOWEVER MEMBER DOES NOT RECEIVE SUCH A RESPONSE PLEASE ASSUME THAT NASCAR HAS NOT ACTUALLY RECEIVED IT AND CONTACT DAWN LONG FOR ASSISTANCE. FURTHERMORE, BY ELECTRONICALLY SUBMITTING AN ENTRY OR OTHER OFFICIAL SUBMISSION THROUGH NASCARmembers.com, MEMBER ACKNOWLEDGES AND AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH THEREIN. ALTERNATIVELY, MEMBER CAN SUBMIT ALL ENTRY AND OTHER INFORMATION VIA MAIL OR FACSIMILE.
5.Lawful Use
Member agrees to use NASCARmembers.com and Content for lawful purposes only. Member agrees not to post on or transmit through NASCARmembers.com any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene or otherwise objectionable; or encourages conduct that would violate any law or give rise to civil or criminal liability. Member agrees to abide by the Terms of Use and any additional terms imposed by NASCAR in connection with the contents, software or services available on or through NASCARmembers.com. Member agrees not to damage, disable, overburden or impair NASCARmembers.com or interfere with any other party’s use. Member also agrees not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through NASCARmembers.com. Member agrees that any information it provides to NASCAR through NASCARmembers.com will be true, accurate, current and complete.
6.International Use
NASCAR makes no representation that NASCARmembers.com or Content are appropriate or available for use in locations outside the United States. If Member uses NASCARmembers.com or Content from a location other than United States, Member is solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.
7.Credit Cards
To protect the security of Member’s credit card information, NASCAR employs the industry-standard Secure Sockets Layer (SSL) technology. For more information on NASCAR’s use of such information, please read the NASCARmembers.com Privacy Policy.
8.Privacy Policy
When Member registers on NASCARmembers.com, Member will be asked to complete a registration form. This registration form requires Member to provide certain personal information, such as Member’s name, street address, phone number, e-mail address, as well as other demographic information like Member’s age, gender, social security number and credit card information. Such information and other information provided by Member and/or collected by NASCAR from Member’s use of NASCARmembers.com is subject to the NASCARmembers.com Privacy Policy. For more information, please read the NASCARmembers.com Privacy Policy. NASCAR hereby incorporates herein, by this reference, the NASCARmembers.com Privacy Policy into these Terms of Use.
9.Termination
Access privileges to NASCARmembers.com are for current, valid NASCAR members only. NASCAR may suspend or terminate Member’s access to or use of NASCARmembers.com at any time and without notice, in its sole discretion, and Member shall be bound by such determination. Member’s ability to access and use NASCARmembers.com expires automatically upon the expiration of Member’s annual NASCAR membership or as otherwise determined by NASCAR. NASCAR may also, in its sole direction and at ay time, discontinue providing NASCARmembers.com or any part hereof, with or without notice. Member agrees that NASCAR shall not be liable to Member or any third party for such termination.
10.Governing Law and Jurisdiction
These Terms of Use shall be construed and enforced in accordance with the laws of the State of Florida, without reference to conflict of laws principles. Member agrees that any action or proceeding arising out of these Terms of Use shall be brought in a federal or state court of competent jurisdiction in the Volusia County, Florida and in no other jurisdiction.
11.Entire Agreement
These Terms of Use, together with the NASCARmembers.com Privacy Policy, constitute the entire agreement between NASCAR and Member with respect to Member’s use of NASCARmembers.com and Content, and supersede any other agreement, oral or written, with respect to the foregoing.
These Terms of Use was last modified on October 21, 2004
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The Federal E-Sign Act
By adopting the E-Sign Act (the "Electronic Signatures in Global and National Commerce", which can be found at 15 U.S.C. Sec 7000 et seq,) Congress sought to create consistent legal standards to govern the enforceability of contracts created by parties using electronic signatures. E-Sign requires:
(1)Affirmative consent, which has not been withdrawn;
(2)Certain record keeping and retention; and
(3)Consent must be preceded by a clear and conspicuous statement informing the consumer of all of the following:
•Any right or option to receive the information on paper (if the option exists),
•How to withdraw the consent and whether any other consequences, such as fees or termination of the arrangement, will be imposed on the withdrawal,
•How to update the contact information, and
•How to obtain a paper copy on request and the fee, if any, for that copy.
•Before the consent is given, the consumer must be provided with a statement of the hardware and software requirements for access to and for retaining the electronic records.
•The consumer's consent must be obtained or confirmed electronically (not just on paper).
•The manner of obtaining the electronic consent or confirmation must reasonably demonstrate that the consumer can access information in the electronic form that will be used to provide the future information.
•The consumer's consent must be reacquired if there is a change in the hardware or software requirements needed to access or to retain the electronic record and the change creates a material risk that the consumer will not be able to access or store records delivered electronically.
The new law defines an "electronic signature" as an electronic sound, symbol, or process created by an individual and executed by that person with an intent to sign a record. For example, one who receives a contract offer via email may enter into the contract by emailing in reply that he or she accepts the offer stated in the original email below. However, a party to an electronic agreement must clearly express his consent to be bound by the terms of contract. Litigation may still arise if one party does not definitively express his intent to be bound or if the terms of the agreement are not stated clearly. To protect against fraud and coercion in electronic contracting, the E-Sign law requires businesses to obtain informed consent from consumers in order to conduct electronically any transaction that a law requires to be "in writing."
By permitting a wide range of electronic techniques for obtaining consent to a contract, the federal E-Sign law adopted an important principle of the Uniform Electronic Transactions Act ("UETA"), which has been enacted in a majority of the states: the validity of an electronic signature or contract may be challenged on the same legal grounds as a traditional written signature or contract. Accordingly, electronic signatures are subject to challenged based on authenticity (is the "signature" message a forgery or otherwise unauthorized?" and integrity (was the message received in the same form as it was sent?). There is broad agreement that for high-value transactions and repetitive business-to-business transactions, it is more cost-effective to implement more robust safeguards to ensure the authenticity and integrity of electronic signatures. The strongest techniques use encrypted digital signatures administered by trusted third parties or "certificate authorities." (PKI Digital Signatures).
A state may preempt E-Sign only adopting UETA or by passing a law that is technologically neutral. Although E-Sign and UETA are similar in many respects, but they do differ, which can be an important consideration in a state that has adopted UETA.