ACCEPTANCE OF AGREEMENT
BY USING THE SERVICE YOU AGREE TO BE BOUND BY THE SUBSCRIBER AGREEMENT. IF YOU DO NOT ACCEPT THE SUBSCRIBER AGREEMENT YOU ARE NOT PERMITTED TO AND MUST NOT USE THE SERVICE.
CHANGES TO SUBSCRIBER AGREEMENT
NDM reserves the right to make changes, modifications, amendments and/or updates to the terms in the Subscriber Agreement from time to time and for any reason, by posting notice of such changes on the RaceView homepage, directing you to view this document at http://www.nascar.com/en_us/raceview-terms.html
You acknowledge and agree that you shall be responsible for reviewing the Subscriber Agreement posted at such webpage for changes, and that any changes to this Subscriber Agreement shall be effective when notice is posted. By continuing to use the Service after NDM has posted any such changes within the Subscriber Agreement, you are agreeing to be bound by all of the Subscriber Agreement, as changed.
FEES AND PAYMENTS
Free Trial Period: NDM (from time to time in its sole discretion) may choose to offer new users of the Service a free trial period (i.e., period during which the user may access the Service or some part of it without first being charged a subscription fee). The length of any such period and the additional terms and conditions associated with it shall be displayed proximately to where you are able to register for the free trial period. Any such additional terms and conditions shall, in addition to this Subscriber Agreement, apply to the free trial period.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME DURING THE FREE TRIAL PERIOD. OUR CANCELLATION INSTRUCTIONS ARE LOCATED AT http://support.nascar.com/ics/support/KBAnswer.asp?questionID=105. IF YOU DO NOT CANCEL, THEN, UPON EXPIRATION OF THE FREE TRIAL PERIOD, YOU WILL BE ENROLLED IN THE SERVICE SUBSCRIPTION THAT YOU SELECTED WHEN YOU REGISTERED FOR THE FREE TRIAL PERIOD, AND NDM WILL CHARGE (E.G., CHARGE THE DEBIT OR CREDIT CARD THAT YOU PROVIDED TO NDM) YOU THE FEES APPLICABLE TO THE SERVICE SUBSCRIPTION THAT YOU SELECTED WHEN YOU REGISTERED FOR THE FREE TRIAL PERIOD. YOUR SUBSCRIPTION WILL THEN AUTOMATICALLY RENEW (AND YOU WILL BE CHARGED THE APPLICABLE FEES EACH TIME YOUR SUBSCRIPTION RENEWS) AS DESCRIBED BELOW UNLESS AND UNTIL YOU SUBSEQUENTLY CANCEL IT.
Subscriptions, automatic renewal, periodic billing and fees: There are different types of subscriptions available via the Service. Some subscriptions begin when you place your order and continue until terminated as provided in this Agreement, and these subscriptions require you to pay the associated subscription fees periodically and in advance (for example, for a subscription that runs through the end of the current NASCAR Sprint Cup Series™, NASCAR Xfinity Series ™, and the NASCAR Camping World Truck Series™ seasons (collective, the “Season”), you may be required to pay the associated subscription fee for each Season in advance). Your subscription will automatically renew for each subsequent subscription period (e.g., for a Season subscription, the subsequent calendar year) and the then-current subscription fee associated with it shall be charged to you on or around your designated billing date date, unless you cancel your subscription prior to such date. Visit http://support.nascar.com/ics/support/KBAnswer.asp?questionID=105 for the instructions on how to cancel.
To reiterate, as stated above, your subscription will automatically renew for each subsequent subscription period at the then-current subscription fee (and you will be charged and required to pay the then-current subscription fee) unless you cancel your subscription. Please note that the fee you are charged for your subscription may increase each renewal period. Visit http://support.nascar.com/ics/support/KBAnswer.asp?questionID=105 for cancellation instructions.
You can always find NDM’s current subscription fees for the Service posted on the RaceView homepage at NASCAR.COM. You agree to pay or have paid all subscription fees and other fees and charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. NDM may change the fees and charges for the Service, add new fees or charges, and/or change the content accessible via the Service, upon notice to you either by e-mail or publishing the changes on the pages of the Site where the Service is offered. You shall be responsible for reviewing the Service schedule of fees and charges from time to time for changes, and changes to the Service's fees and charges shall be effective when posted on the Site. You authorize us to automatically bill subscription fees based on any subscription you purchase to the means of payment (e.g., credit card, debit card, PayPal account) you designate during the registration process for the Service or subsequently designate to us. You agree to provide us with a valid payment mechanism and accurate, complete and updated information required by the subscription registration form. By submitting your means of payment, you represent and warrant that your use of it is authorized and that all information that you submit is true and accurate (including, without limitation, card and/or account number and expiration date). In doing so, you also authorize us to charge to your means of payment for all amounts payable by you to us based on the subscription/billing plan you selected, including, but not limited to, all fees and any applicable taxes we are required to collect. Failure to comply may result in the immediate suspension or termination of your access to the Service. If you want to designate a different means of payment or if there is a change in the validity and/or information associated with (e.g., expiration date) your means of payment, you can change your Service account information at https://subscriptions.nascar.com/myaccount/orders.
Unable-to-be-processed Payments: If we are unable to process your means of payment at any time, your account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to us. Your credit and/or debit card issuer agreement governs use of your card in connection with this Site and the Service, and the PayPal user agreement governs your use of the PayPal service. You must refer to your card issuer agreement and/or the PayPal user agreement with respect to your rights and liabilities as, as applicable, a card holder and/or PayPal account holder. We reserve the right to continue to collect payment that has not been collected due to technical or other issues.
All sales are final. It is our policy NOT to give full or partial refunds for subscriptions that you have purchased regardless of the basis for the refund. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service. YOU, AND NOT NDM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR MEANS OF PAYMENT (E.G., CREDIT CARD) BY A THIRD PARTY, EVEN IF NOT AUTHORIZED BY YOU.
YOUR RIGHT TO CANCEL SERVICE
You may elect to cancel your Service subscription by visiting https://subscriptions.nascar.com/myaccount/orders. Your election will be deemed to have been received one (1) business day after you so notify us that you want to cancel your subscription. Please note that if you elect to cancel, your cancellation will apply for the next subscription period (e.g., for a season subscription, the next NASCAR Sprint Cup Series season) and you will not receive a refund for the then-current period, subscription or associated subscription fees. In order to cancel your subscription for an upcoming season, your cancellation notice must be submitted by at least one day prior to your subscription renewal date.
LIMITATION OF LIABILITY
THE AGGREGATE LIABILITY OF NDM AND ITS PARENT AND AFFILIATES AND THE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, ADVISORS AND AGENTS OF THE FOREGOING (COLLECTIVELY, “NDM PARTIES”), FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT AND OTHER ACTIONS IN CONTRACT OR TORT), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT YOU PAID TO NDM FOR THE USE OF THE SERVICE IN THE PAST TWELVE MONTHS. THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE.
FOR CLARITY, NEITHER THE NDM PARTIES NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS, SHALL HAVE ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES AND/OR LOSSES ARISING FROM AND/OR RELATED TO THIS AGREEMENT AND/OR THE SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICE, OR ANY PART THEREOF MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT SHALL BE FOREVER BARRED.
COPYRIGHT AND LIMITATIONS ON USE
The content available through the Service is the property of the NDM Parties, and/or its licensors, and is protected by copyright and other intellectual property laws of the United States and other jurisdictions. Such content may only be used or viewed by you for your personal, non-commercial use only, provided that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with any NDM Party; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by the applicable NDM Party); and (d) make no modifications to the material. You agree to use the Service in a manner that complies with all applicable laws. You agree not to copy, deep link, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Service to anyone, including but not limited to others in the same company or organization as you, without the express prior written consent of NDM.
You may not attempt to, in conjunction with, any device, software program, service or other technology comprising the Service, circumvent technological measures employed to control access to and/or the rights in the Service. In addition to any other remedies available in equity or law to NDM, failure to comply with any of the terms and conditions in this Subscriber Agreement shall immediately terminate this Agreement and your ability to use the Service.
The Service includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. NDM does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.
DISCLAIMER OF WARRANTIES
Due to the number of sources from which content in the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Service. THIS SERVICE AND THE INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE NDM PARTIES AND THEIR RESPECTIVE THIRD PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE. THE NDM PARTIES AND THEIR RESPECTIVE THIRD PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATED TO THE SERVICE, INCLUIDNG, WITHOUT LIMITAITON, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree to defend, indemnify and hold harmless the NDM Parties and their respective third party content providers, vendors and licensors from and against all claims, losses and damages (including, without limitation, costs of judgment, settlement and attorney and court fees) that any of them may incur, suffer or become subject to arising out of or related to your use of the Service and/or any of your other acts or omissions (e.g., acts that occur under your login credentials for the Service and/or the Site).
NASCAR, NASCAR.COM, RACEVIEW, SCANNER and each of their logos are trademarks of National Association for Stock Car Auto Racing, Inc., and/or its respective affiliates or licensors. All rights reserved. All other trademarks appearing on the Service are the property of their respective owners.
Except as otherwise expressly provided herein, all notices required under the terms and provisions hereof shall be in writing and be transmitted as set forth below.
Notices to NDM shall be sent by reputable express carrier (e.g., UPS, FedEx) to the addresses below.
NASCAR Digital Media
550 South Caldwell Street
Charlotte, NC 28202
ATTN: Director, Digital Products
With a copy to:
NASCAR Legal Department
550 South Caldwell Street
Charlotte, NC 28202
ATTN: Digital Counsel
Notices to you may be sent (i) by e-mail, facsimile and/or hard copy (e.g., via USPS, courier or reputable express carrier) to any of the contact addresses or facsimile numbers indicted in the Service and/or Site registration you submitted to NDM, and/or (ii) via postings or other messages communicated to your Service or Site account. Without limiting the generality of the foregoing, you specifically agree that we may communicate with you from time to time by electronic means (e.g., via email to the email address you provide to us and/or messages within your RaceView and/or NASCAR.COM account) regarding your subscription.
PASSWORDS AND ACCESS TO SERVICE
That you are and shall be responsible for maintaining the confidentiality and security of your Password, and for restricting access to your computer and your Password;
Not to transfer, lease, assign, or sublicense any Password without NDM's prior written consent;
Not to circumvent the password restrictions on the Site, nor allow others to do so on your behalf;
Not to use anyone else's Password; and
To notify NDM immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that only one individual may access the Service at the same time using the Password, unless agreed otherwise by NDM. You further acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Password. You further agree that NDM shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than NDM. You may not use the Service for any unlawful purpose or for any purpose other than as expressly authorized herein. NDM shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Service at any time for any reason or to refuse to permit you to use a Password for any reason, including but not limited to, that your Password impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined solely by NDM. You may only receive the Service if you are a Service subscriber in good standing with a valid, authorized means of payment on file with NDM.
TERMINATION OF SERVICE BY NASCAR
In addition to any other remedies available to us, whether in equity, at law or otherwise, upon your failure to comply with any of the terms or conditions in this Agreement, we shall have the right to terminate your access to the Service and this Agreement immediately. We further reserve the right to discontinue, suspend, terminate or change the Service, or its availability to you, at any time. If we terminate this Agreement or discontinue your Service subscription for cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges or fees already incurred by or billed to you, and we reserve all other rights available to us in connection with your breach.
Except as otherwise expressly set forth in this Agreement to the contrary, any and all disputes arising from or relating to this Agreement or the Service shall be solely and finally settled by arbitration. The arbitration will be governed by the Federal Arbitration Act. The arbitration will be conducted at a neutral location convenient to all parties by a single arbitrator to be selected by us. The arbitrator’s authority shall be limited to resolving individual disputes between you and us, and the arbitrator shall not determine, as an initial matter, whether class, mass or consolidated relief is permitted in arbitration. Notwithstanding the foregoing, without first seeking or obtaining any decision in arbitration (even if a similar or related matter has already been referred to arbitration in accordance with the terms of this paragraph), (a) we, and our respective affiliates and licensors, may bring any claim or suit for the purpose of evidencing, enforcing, registering or defending our or their respective intellectual property rights in any court or forum of competent jurisdiction; and (b) we, and our respective affiliates and licensors, shall be entitled to seek injunctive and other equitable relief in any court or forum of competent jurisdiction to enforce this Agreement.
This Agreement and any disputes relating to this Agreement and/or the Service will be governed by the laws of the State of Florida, United States of America, without regard to its principles of conflicts of laws. Any action that you, any third party or we bring to enforce this Agreement or, in connection with, any matters related to the Service shall be brought only in either the state or federal courts located in the State of Florida, United States of America, and you hereby consent to the exclusive jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. You agree to accept service of process by reputable express carrier (e.g., UPS) and/or certified mail, return receipt requested, at the address designated by you. We will be entitled to recover costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of this Agreement.
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Service and/or use of the Service may result in irreparable injury and damage to us that may not be adequately compensable in money damages, and for which we will have no adequate remedy at law. You, therefore, consent and agree that we may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
Use of the Service is not authorized in any jurisdiction that does not give effect to this Agreement. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. We may assign our rights and obligations under this Agreement, without notice, (i) to any parent or affiliate of NDM (ii) in connection with any change of control (e.g., by merger, exchange of stock or other equity interests, etc.) involving NDM or one of its affiliates or in connection with any transfer of substantially all of the assets related to the Site, or (iii) to any successor in interest or other assignee of NDM. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of NDM. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of NDM. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. A waiver by us of any right hereunder in any one instance shall not be deemed as a waiver of such right in any subsequent instance.