Effective Date: 10/15/21
AGREEMENT TO TERMS
OUR INTELLECTUAL PROPERTY
If you register with the Platform, you agree to keep your login credentials (e.g., username, password) confidential and will be responsible for all use of your account and login credentials. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
We use reasonable efforts to display the colors, features, specifications and details of the products available on the Platform as accurately as possible. However, we do not guarantee that the colors, features, specifications and details of the products will be accurate, complete, reliable, current or free of other errors, and your display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be available at any particular time. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the forms of payment indicated on the Platform from time to time. You agree to provide current, complete and accurate purchase and account information for all purchases made via the Platform. You further agree to provide up-to-date account and payment information so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments must be in US Dollars.
You agree to pay all charges at the prices then in effect for your purchases (and any applicable shipping fees), and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order or purchase placed or requested through the Platform. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All sales are final. No refunds will be issued.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. You may not use the Platform for any commercial purpose unless expressly permitted by us in writing.
In the course of your use of the Platform, you agree not to:
· Make any unauthorized use of the Platform, including collecting information (including usernames and/or email addresses) about users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
· Systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory.
· Delete the copyright or other proprietary rights notice from any Content.
· Interfere with, disrupt or create an undue burden on the Platform or the networks or services connected to the Platform.
· Use an agent to make purchases on the Platform.
· Use the Platform to advertise or offer to sell goods and services.
· Circumvent, disable or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
· Engage in unauthorized framing of or linking to the Platform.
· Trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
· Make improper use of our support services or submit false reports of abuse or misconduct.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
· Attempt to impersonate another user or person or use the username of another user.
· Sell or otherwise transfer your profile or any Content.
· Use any information obtained from the Platform in order to harass, abuse or harm another person.
· Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
· Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform.
· Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform or any portion of the Platform.
· Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that might interfere with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Platform.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
· Disparage, tarnish or otherwise harm, in our opinion, us and/or the Platform.
· Use the Platform in a manner inconsistent with any applicable laws or regulations.
· Share your login information for the Platform with persons outside of your household.
· Share privately or publicly, either digitally or physically, our documents, videos and materials outside of your household.
· Your Contributions are not false, inaccurate or misleading in any way.
· The creation, distribution, transmission, public display or performance and the accessing, downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
· Your Contributions do not violate any applicable law, regulation or rule.
· Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
· Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable or inappropriate (as determined by us in our sole discretion).
· Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
· Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
· Your Contributions do not violate the privacy or publicity rights of any third party.
· Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
· Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
· Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
By uploading Contributions, you agree to give us a non-exclusive, non-transferable and royalty-free license to use such Contributions in furtherance of the operation of the Platform. For the avoidance of doubt and notwithstanding anything to the contrary contained herein, no one (other than the originating user) shall have the right to commercialize, sublicense or sell for value any other user's Contributions without the original user's express, written consent, except to the extent such Content is used by us in furtherance of the operation of the Platform.
Subject to the foregoing, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We do not assert any ownership over your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Platform or the Content ("Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of all Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to Feedback, and you hereby warrant that all Feedback is your original creation or that you have the right to submit such Feedback to us. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in or to your Feedback.
THIRD-PARTY WEBSITES AND MATERIALS
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been reproduced in connection with the Platform in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent with the following information in writing: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (2) identification of the copyrighted work claimed to have been infringed, (3) a description of where the material that you claim is infringing is located within the Platform, (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address, (5) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (6) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to: MPH Digital, Inc., 225 Cherry St #21A, New York, NY 10002, Attn: DMCA.
We control the Platform from within the United States. We make no representation that the Platform or Content are appropriate or available for use in other locations. The Content is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Users who access the Platform from outside the United States do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.
We reserve the right to change, modify or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Platform. We also reserve the right to modify or discontinue all or part of the Content without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Platform or the Content.
There may be information on the Platform or in the Content that contains errors, inaccuracies or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Platform at any time, without prior notice.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
SUPPLEMENTAL TERMS; CHANGES TO TERMS
ARBITRATION; WAIVER OF JURY TRIAL; WAIVER OF CLASS OR CONSOLIDATED ACTIONS
Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between US and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you hereby waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
All claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than user cannot be arbitrated or litigated jointly or consolidated with those of any other user.
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND THE CONTENT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND THE CONTENT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM, THE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR CONTENT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE WHEN ATTENDING ANY EVENT OR INTERACTING WITH ANY THIRD PARTY. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SPECIFICALLY, THE TRACK KING APPLICATION IS INTENDED FOR USE AT MOTORSPORTS EVENTS, WHICH ARE INHERENTLY DANGEROUS, AND BY USING THE PLATFORM YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILTIY FOR YOUR SAFETY AT SUCH EVENTS AND YOU HEREBY WAIVE AND RELEASE US FROM ANY CLAIMS THAT MAY ARISE IN CONNECTION WITH YOUR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OCCURING DURING YOUR USE OF THE PLATFORM AT SUCH AN EVENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY PARTY INVOLVED IN CREATING, PRODUCING, SUPPORTING OR DISTRIBUTING THE PLATFORM OR THE CONTENT, INCLUDING BUT NOT LIMITED TO OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR THE CONTENT OR YOUR PARTICIPATION IN ANY EVENT SPONSORED OR HOSTED BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL, AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY CLAIM, BASED UPON ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Platform, sending us emails and completing online forms constitute electronic communications. By using the Platform, you consent to receive electronic communications (including, without limitation, email messages, text messages (i.e., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with your use of the Platform, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages. By using the Platform, you also agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM FOR ALL PURPOSES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you have any comments or questions regarding the Platform, or to receive further information regarding use of the Platform, please contact us at: MPH Digital, Inc., 225 Cherry St #21A, New York, NY 10002 or [email protected].