ACCESS. For purposes of the Agreement, all Web pages that are owned, operated or hosted by or on behalf of NascarFast.com, including, without limitation, NascarFast.com's branded Web Site at http://www.NascarFast.com, are referred to herein as the "NascarFast.com Web Sites. " During the Term, you are authorized to access the NascarFast.com Web Sites solely to manage your NascarFast.com advertising account(s) or as otherwise authorized by NascarFast.com in writing. You agree that you will not use the NascarFast.com Web Sites or any content therein or data obtained therefrom for any other purpose and that you will not disseminate any of this information. Your right to access your account with NascarFast.com (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by NascarFast.com. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with NascarFast.com or to monitor or copy the NascarFast.com Web Sites or the content contained therein except those automated means expressly made available by NascarFast.com, if any, or authorized in advance and in writing by NascarFast.com (for example, NascarFast.com-approved third party tools and services).

YOUR SITE. You hereby acknowledge that NascarFast.com is not responsible for the content or maintenance of your Web site(s), or Web sites owned or operated by any third party (including, without limitation, other advertisers) nor is NascarFast.com responsible for order entry, fulfillment, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your Web site(s) or Web sites owned or operated by any third party (including, without limitation, other advertisers). You represent, warrant and covenant that: (i) all information you provide in connection with the Agreement and on your Web site is, and will be updated to remain, current and accurate, and (ii) the Web site to which any listing links will look the same to all end users regardless of the end users' location.

CONFIDENTIALITY. "Confidential Information" means any information disclosed to you by NascarFast.com, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that you can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by NascarFast.com; (ii) becomes publicly known and made generally available after disclosure to you by NascarFast.com other than through your action or inaction; or (iii) is in your possession, without confidentiality restrictions, prior to the time of disclosure by NascarFast.com as shown by your files and records. You shall not at any time (a) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information (except to your employees and agents who have a legitimate need to know such information and are bound in writing by confidentiality and non-use restrictions not less protective than those contained herein), or (b) use, reproduce or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you and in accordance with the Agreement. You agree to take all measures to protect the secrecy, and avoid disclosure and unauthorized use, of the Confidential Information. You may disclose Confidential Information if required by law, provided that you give NascarFast.com prompt written notice prior to such disclosure and you provide assistance in obtaining an order protecting the information from public disclosure, and provided further that any such disclosure is limited to the minimum extent necessary to comply with the legally required disclosure. All Confidential Information shall remain NascarFast.com's personal property and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to NascarFast.com immediately upon NascarFast.com's request, and also, upon termination of the Agreement. You may not issue any press release or other public statement regarding the Agreement, NascarFast.com, its Affiliates, or partners without the prior written consent of an authorized person at NascarFast.com.

REPRESENTATIONS AND WARRANTIES. You represent, warrant and covenant that you have sufficient authority to enter into the Agreement and that your use of NascarFast.com's services is solely for lawful commercial and business purposes.

INDEMNIFICATION. You hereby agree to indemnify and hold harmless NascarFast.com, and its information providers, officers, directors, Affiliates, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, third party service providers and third parties authorized by NascarFast.com to make your listings, results, and/or Programs available in connection with third party Web sites, applications and/or e-mails , and their respective officers, directors, agents, Affiliates, and employees rom any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees (collectively, "Claims"), that actually or allegedly result from your use of any Program or NascarFast.com Web Site, your Web site, or your breach of any terms or representations or warranties contained in the Agreement. You agree to be solely responsible for defending any Claim against or suffered by a third party, NascarFast.com, subject to NascarFast.com right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims to a third party, NascarFast.com, provided that you will not agree to any settlement that imposes any obligation or liability on NascarFast.com without NascarFast.com's prior express written consent. Third party Web sites, applications and/or e-mails are collectively each a "Third Party Product".

WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY PROGRAM, NASCARFAST.COM DISTRIBUTION NETWORK(S), NASCARFAST.COM MARKETPLACE, NASCARFAST.COM SYSTEM OR NASCARFAST.COM WEB SITE IS AT YOUR OWN RISK. THE PROGRAMS, THIRD PARTY PRODUCTS, NASCARFAST.COM DISTRIBUTION NETWORKS, NASCARFAST.COM MARKETPLACES, NASCARFAST.COM SYSTEMS, AND NASCARFAST.COM WEB SITES ARE ONLY AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER NASCARFAST.COM NOR ANY OF THE NASCARFAST.COM ENTITIES MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE PROGRAMS, THIRD PARTY PRODUCTS, NASCARFAST.COM DISTRIBUTION NETWORKS, NASCARFAST.COM MARKETPLACES, NASCARFAST.COM SYSTEMS OR NASCARFAST.COM WEB SITES, THE SUCCESS OF YOUR USE THEREOF AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH NASCARFAST.COM, THE AGREEMENT OR THE PROGRAMS, THIRD PARTY PRODUCTS, NASCARFAST.COM DISTRIBUTION NETWORKS, NASCARFAST.COM MARKETPLACES, NASCARFAST.COM SYSTEMS OR NASCARFAST.COM WEB SITES OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THEREFROM, OR WEB SITES LINKED THERETO OR THEREFROM. NASCARFAST.COM HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL NASCARFAST.COM ENTITIES ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE PROGRAMS, THIRD PARTY PRODUCTS, NASCARFAST.COM DISTRIBUTION NETWORKS, NASCARFAST.COM MARKETPLACES, NASCARFAST.COM SYSTEMS OR NASCARFAST.COM WEB SITES OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THEREFROM AND THROUGH THE WEB SITES LINKED THERETO OR THEREFROM OR THE SUCCESS OR NUMBER OF ANY CLICKS RESULTING THEREFROM; AND (2) ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY. ANY LIABILITY OF NASCARFAST.COM INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO NASCARFAST.COM PURSUANT TO THE AGREEMENT IN THE PRIOR SIX MONTH PERIOD. IN NO EVENT SHALL NASCARFAST.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF THE AGREEMENT, THE USE OR INABILITY TO USE ANY PROGRAM, THIRD PARTY PRODUCT, NASCARFAST.COM DISTRIBUTION NETWORK, NASCARFAST.COM MARKETPLACE, NASCARFAST.COM SYSTEM OR NASCARFAST.COM WEB SITE OR WEB SITES LINKED TO THEREFROM, OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD NASCARFAST.COM RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE PROGRAMS, THIRD PARTY PRODUCTS, NASCARFAST.COM DISTRIBUTION NETWORKS, NASCARFAST.COM MARKETPLACES, NASCARFAST.COM SYSTEMS OR NASCARFAST.COM WEB SITES OR WEB SITES LINKED TO THEREFROM, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS, THOSE WITH WHOM NASCARFAST.COM CONTRACTS TO OPERATE VARIOUS PORTIONS OF THE PROGRAMS, NASCARFAST.COM MARKETPLACES, NASCARFAST.COM SYSTEMS, AND/OR NASCARFAST.COM WEB SITES AND THOSE TO WHOM NASCARFAST.COM PROVIDES LINKS FOR CONTENT, ADVERTISING AND/OR ANY OTHER TYPE OF DATA OR INFORMATION.

TERMINATION. If you are dissatisfied with any aspect of a Program(s), your sole and exclusive remedy is to terminate the Agreement and/or the Program(s) Terms in writing. You and/or NascarFast.com may terminate the Agreement, any Program Terms, and/or your participation in any Program, at any time, for any reason or for no reason, unless otherwise set forth in any of the Program Terms. Notwithstanding anything contained in the Agreement to the contrary, NascarFast.com may, in its sole discretion, terminate or suspend your account, and/or discontinue or suspend your participation in all or part of any Program or on any Web site or Third Party Product that is part of an NascarFast.com Distribution Network. Termination, suspension or discontinuation includes, without limitation, removal of your listings from any or all of the NascarFast.com Marketplaces and NascarFast.com Distribution Networks. Reasons for NascarFast.com's determination to so terminate, suspend or discontinue your account or participation may include, without limitation, if NascarFast.com believes that you violated the Agreement or other policies or guidelines of NascarFast.com, a Third Party Product or a member of an NascarFast.com Distribution Network, or if NascarFast.com believes your conduct may be harmful to other consumers, advertisers or licensees who participate in (or offer to its users) an NascarFast.com Marketplace (and/or any part thereof). All decisions made by NascarFast.com in this matter will be final and neither NascarFast.com nor any of the NascarFast.com Entities shall have any liability regarding such decisions. Upon termination, suspension or discontinuation of any Program or your participation therein, all outstanding payment obligations incurred under such Program will become immediately due and payable.

NOTICES. NascarFast.com may give general notices to you by posting on any NascarFast.com Marketplace or any one of NascarFast.com's Web Sites or by electronic mail to the e-mail address provided by you to NascarFast.com. It is your responsibility to ensure that your e-mail address and any other contact information you provide to NascarFast.com is updated and correct.

CHOICE OF LAW. Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the State of Michigan, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Michigan or another location designated by NascarFast.com. Any claim against NascarFast.com arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

LINK DIRECTORY SPONSOR PROGRAM TERMS AND CONDITIONS

USE. You agree that your listings, including, without limitation, your domain name, may be included in the NascarFast.com Link Directory results. You understand and agree that selected keywords include the keywords that you have selected as well as certain misspellings, singular/plural combinations, and other related keywords that NascarFast.com maps to your listings based on the keywords you selected or approved, your listings themselves or the Web sites to which the listings link. A listing, for purposes of the Agreement, may include, at NascarFast.com's discretion, text and/or graphics, and is subject to NascarFast.com's approval and these Program Terms. You may submit your material for your Link Directory listings at http://www.nascarfast.com/cgi-bin/nascar/addlink.cgi?action=metaform or, if you are modifying your Link Directory listings, at http://www.nascarfast.com/cgi-bin/nascar/addlink.cgi?action=edit.

PAYMENT. You understand and agree that any applicable service fees for sponsored listings in the NascarFast.com Link Directory are non-refundable.

USE OF NASCARFAST.COM SUBMISSIONS. By submitting or approving material or having material submitted on your behalf to the NascarFast.com Link Directory including, without limitation, information for a listing, you grant NascarFast.com, its licensees, third-party service providers, a royalty-free, perpetual, worldwide right and license to: (i) use all parts of the material, which use includes, without limitation, publicly performing, publicly displaying and distributing it, copying and manipulating it as reasonably necessary for such performance, display and distribution, and modifying it or using it commercially and authorizing others to do so; and (ii) in connection with your listings, access, index, cache, and display the Web site(s) to which your listings link, or any portion thereof by any means including, without limitation, web spiders and crawlers. This grant specifically includes, without limitation, the right of NascarFast.com and third-party service providers to create and display copies of any text, graphics, images, audio, video, and other material included on such Web sites or portions thereof, including, without limitation, the right to create and display thumbnail and full-scale copies of any images or video included on such Web sites or portions thereof. NascarFast.com reserves the right to truncate, edit, refuse, reject or remove any listing at its discretion at any time. NascarFast.com does not guarantee that your listings will be placed in or available through the NascarFast.com Link Directory and NascarFast.com reserves the right to not place your listings and to stop placing or to remove your listings at any time for any reason. Final decision as to inclusion, relevancy, placement and the like will be at NascarFast.com's sole discretion.

ACCEPTING NASCARFAST.COM SUGGESTIONS: From time to time, NascarFast.com may provide suggestions to you for keywords, titles and/or descriptions or for any other element of a listing, but the final decision to authorize any suggestion is yours. By using a keyword, title, description, link, listing and/or other element of a listing that may have been suggested by NascarFast.com or its third-party service providers, you represent, warrant and covenant that such keyword, title, description, link, listing or other element thereof is authorized by you and in compliance with the Agreement. You agree that NascarFast.com shall not have any liability for selected keywords or your listings, or for any changes that you make to selected keywords or your listings based on suggestions by NascarFast.com or a third-party service provider.

ADVERTISER'S RIGHTS AND RESPONSIBILITIES. All information or material must be submitted in the form requested by NascarFast.com. You represent, warrant and covenant that you have the necessary rights to provide all information provided under the Agreement (including, without limitation, the listings) for use as described in the Agreement and that the selected keywords, titles, descriptions and all information, products and services contained or referenced in the listings and the Web sites to which they link: (i) do not violate any law, statute, ordinance, treaty or regulation; (ii) do not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) are not false, deceptive or misleading; (v) are not defamatory, libelous, slanderous or threatening; and (vi) are free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots and other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system, data or personal information. You also represent, warrant and covenant that your listings meet the standards and requirements set forth in these Program Terms.