Nascarracingpool.com Web Site Agreement
The Nascarracingpool.com Web Site (the "Site") is an online information service
provided by Nascarracingpool.com ("Nascarracingpool.com "), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Nascarracingpool.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW
THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are Nascarracingpool.com, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to Nascarracingpool.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to Nascarracingpool.com by all means and in any media now known or hereafter developed.
You also grant to Nascarracingpool.com the right to use your name in connection
with the submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against Nascarracingpool.com for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to Nascarracingpool.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of Nascarracingpool.com. Other product
and company names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified
as being supplied by Nascarracingpool.com, Nascarracingpool.comdoes not operate,
control or endorse any information, products or services on the Internet in any
way. Except for Nascarracingpool.com- identified information, products or services,
all information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with Nascarracingpool.com
a. You also understand that Nascarracingpool.com cannot and does not guarantee or
warrant that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and output, and
for maintaining a means external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
Nascarracingpool.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND Nascarracingpool.com SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Nascarracingpool.com DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. Nascarracingpool.com HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Nascarracingpool.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF Nascarracingpool.com OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, Nascarracingpool.com LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
Nascarracingpool.com makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When you access
a non-Nascarracingpool.com web site, please understand that it is independent from
Nascarracingpool.com, and that Nascarracingpool.com has no control over the content
on that web site. In addition, a link to a Nascarracingpool.com web site does not
mean that Nascarracingpool.com endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Nascarracingpool.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of Nascarracingpool.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of
Canada applicable to agreements made and to be performed in Canada. You agree that
any legal action or proceeding between Nascarracingpool.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in Canada
. Any cause of action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. Nascarracingpool.com's failure to insist upon
or enforce strict performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
Nascarracingpool.com may assign its rights and duties under this Agreement to any
party at any time without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE.© 1999-2005
PriorityDigital.com
Prepared for: Nascarracingpool.com ,All rights reserved.
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