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Conditions.
General
NascarFast.com provides you with access to
this Web site and the services available on this
Web site, or other Web sites as indicated below,
(collectively, the "Services," which will be
defined more under the Section, "Services.").
Access to and use of the Services is governed by
these Terms of Use (the "Agreement"). By
accessing or using the Services, you indicate
your assent to be bound by the Agreement, and
your acknowledgment of and agreement to its
terms.
Services
The Services include NascarFast.com Link
Directory (located at www.NascarFast.com) (the
"Link Directory Services"). The Services may
also be located on third party web sites and/or
applications either as a link from an add-on
service to, or otherwise in connection with, Web
sites and/or applications that such third
parties control. The Services act as a system or
venue to introduce you to buyers and sellers of
goods and services and providers of information.
NascarFast.com uses reasonable efforts to
ensure the availability of the information and
content, including links, that it makes
available through the Services. However, the
Services are composed of content not offered by
NascarFast.com. NascarFast.com does not
control (i) the quality, safety or legality of
items available through or on its advertisers'
Web sites or sites of third parties not in
privity of contract with NascarFast.com, (ii)
the truth or accuracy or legality of the content
from those advertisers or those third parties
(even if such content appears on the Services),
or (iii) the availability or technical
capabilities of their Web sites or links to
those Web sites. NascarFast.com is not liable
or responsible for content supplied or approved
by third parties, or for actions you might take
in reliance on that content. Nothing contained
in any of the Services is an offer or promise to
sell a specific product for a specific price or
that any advertiser will sell any product or
service for any purpose or price or on any
specific terms. NascarFast.com does not
guarantee the price, terms, product,
availability and/or services offered by any
advertiser. For all of the Services,
NascarFast.com is not involved in any
transactions between you and any of its
advertisers, and is not responsible for, and
does not guarantee the price or performance of
any goods, services or information provided by
advertisers. If you have a dispute with one or
more advertisers, you agree to release and
hereby release NascarFast.com and it's agents,
subsidiaries, affiliates, employees, successors,
assigns, content providers and service providers
from claims, demands and damages (actual and
consequential) of every kind and nature, known
and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in
any way connected with such disputes.
Only Personal Use is Authorized
Under this Agreement, NascarFast.com gives you
limited permission to access and use the
Services only for your personal use, and to
copy, distribute and transmit the content of the
Services only to the extent that such copying,
distribution, and transmission is automatically
done through your browser software incidentally
to using the Services for your personal use. You
may also print a copy of the information
displayed on the Services for your personal use.
That means, that except as set forth above, you
may not modify, reformat, copy, display,
distribute, transmit, publish, license, create
derivative works from, transfer or sell any
information, products, or service obtained by
your use of the Services. This restriction
means, among other things, that you may not
mirror on your own Web site any portion of the
Services or display through your own Web site
any results pages or other information from the
Services without NascarFast.com's express
permission.
Your right to access the Services 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, monitor or copy
the Services 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). The
NascarFast.com Web Site contains robot
exclusion headers and you agree that you will
not interfere or attempt to interfere with the
proper working of the Services. Without
limitation to the foregoing, you further agree
that you will not take any action that imposes
an unreasonable or disproportionately large load
on our infrastructure (as determined by
NascarFast.com).
The technology underlying, and content within,
the Services is owned by NascarFast.com and/or
its licensors (including NascarFast.com's
advertisers and other content providers) and is
protected by copyright and other intellectual
property or proprietary rights. If you use the
Services other than as provided above, you may
violate copyright and other laws of the United
States, other countries, as well as applicable
state laws and may be subject to penalties. As
between you and NascarFast.com,
NascarFast.com owns and retains all ownership
of the technology underlying and content within
the Services, and reserves all rights not
explicitly granted to you in this Agreement.
Disclaimer of Warranties
NascarFast.com disclaims any and all
responsibility or liability for the accuracy,
content, completeness, legality, reliability, or
operability or availability of information or
material displayed in the NascarFast.com
Services results. NascarFast.com disclaims any
responsibility for the deletion, failure to
store, misdelivery, or untimely delivery of any
information or material. NascarFast.com
disclaims any responsibility for any harm
resulting from downloading or accessing any
information or material on the Internet through
the NascarFast.com services.
THE NASCARFAST.COM SERVICES, AND ALL
MATERIALS, INFORMATION, PRODUCTS AND SERVICES
INCLUDED IN THE NASCARFAST.COM SERVICES ARE
PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
NASCARFAST.COM AND ITS LICENSORS EXPRESSLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. NASCARFAST.COM AND ITS LICENSORS
DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
NASCARFAST.COM SERVICES. NASCARFAST.COM AND
ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE OBTAINED THROUGH THE
NASCARFAST.COM SERVICES. NASCARFAST.COM AND
ITS LICENSORS DISCLAIM ANY WARRANTIES FOR
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE NASCARFAST.COM SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE
NASCARFAST.COM SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS
PROVIDED IN THE NASCARFAST.COM SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE
USE OF THE NASCARFAST.COM SERVICES AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO
STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NASCARFAST.COM OR
ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON
THE NASCARFAST.COM SERVICES. ARISING FROM ANY
CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT
MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL
APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF
NASCARFAST.COM OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE NASCARFAST.COM SERVICES, FROM
INABILITY TO USE THE NASCARFAST.COM SERVICES,
OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE NASCARFAST.COM SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE NASCARFAST.COM SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE
NASCARFAST.COM SERVICES, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE NASCARFAST.COM SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE
NASCARFAST.COM SERVICES. THIS LIMITATION SHALL
ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. SUCH LIMITATION
SHALL FURTHER APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE
NASCARFAST.COM SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR
RELATED IN ANY WAY TO, THE NASCARFAST.COM
SERVICES. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.
You agree to indemnify NascarFast.com and its
affiliates, employees, agents, representatives
and third party service providers, and to defend
and hold each of them harmless, from any and all
claims and liabilities (including attorneys
fees) which may arise from your submissions,
from your unauthorized use of material obtained
through the site/service, or from your breach of
this Agreement, or from any such acts through
your use of the Service.
Without limiting the foregoing, under no
circumstances shall NascarFast.com or its
licensors be held liable for any delay or
failure in performance resulting directly or
indirectly from acts of nature, forces, or
causes beyond its reasonable control, including,
without limitation, Internet failures, computer
equipment failures, telecommunication equipment
failures, other equipment failures, electrical
power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of
labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air
conditioning.
Privacy and Data Collection
NascarFast.com does not collect personally
identifying information from users of the
Services unless users have explicitly given such
information to NascarFast.com (for example,
when becoming an advertiser or when sending us
an e-mail with a question or as part of a
contest). NascarFast.com's information
practices are further described in its privacy
policy. NascarFast.com's privacy policy is
part of this Agreement, and you agree that use
of data as described in the privacy policy is
not an actionable breach of your privacy or
publicity rights. If you have entered into
another agreement with NascarFast.com (such as
an Affiliate Agreement or an Advertiser
Agreement), then you may be subject to
additional or different provisions regarding
privacy and data collection. If you would like
more information, please read our privacy
policy. You should consider any communication
that you transmit to NascarFast.com (such as
data, questions or answers, comments, or
suggestions) as non-confidential, and agree that
NascarFast.com will not be liable or
responsible if information that belongs to you
is intercepted and used by an unintended
recipient.
Any communication or material you transmit to
the Site by electronic mail or otherwise,
including any data, questions, comments,
suggestions or the like is, and will be treated
as, nonconfidential and nonproprietary. Anything
you transmit or post becomes the property of
NascarFast.com or its affiliates and may be
used for any purpose, including, but not limited
to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore,
NascarFast.com is free to use any ideas,
concepts, know-how, or techniques contained in
any communication you send to the Site for any
purpose whatsoever including, but not limited
to, developing, manufacturing and marketing
products using such information.
Control over Features, Functions, and
Access to the Services
NascarFast.com reserves the right to change
any information, features and functions of the
Services without prior notice. NascarFast.com
may deny you access to all or part of the
Services without prior notice if you engage in
any conduct or activities that NascarFast.com
determines, in its sole discretion, violate this
Agreement, the rights of NascarFast.com or any
third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of
the State of Michigan without regard to its
conflict of law provisions. NascarFast.com's
failure to exercise or enforce any right or
provision of the Agreement will not be deemed to
be a waiver of such right or provision. If any
provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the provision, and
the other provisions of this Agreement remain in
full force and effect. You agree that regardless
of any statute or law to the contrary, any claim
or cause of action arising out of or related to
use of the Services must be filed within one (1)
year after such claim or cause of action arose
or be forever barred.
Arbitration
Any controversy or claim arising out of or
relating to this Agreement or the Services will
be settled by binding arbitration in accordance
with the commercial arbitration rules of the
American Arbitration Association. Any such
controversy or claim must be arbitrated on an
individual basis, and must not be consolidated
in any arbitration with any claim or controversy
of any other party. The arbitration must be
conducted in the state of Michigan, and judgment
on the arbitration award may be entered into any
court having jurisdiction thereof. Either you or
NascarFast.com may seek any interim or
preliminary relief from a court of competent
jurisdiction in the state of Michigan, as
necessary to protect the rights or property of
you or NascarFast.com.
Content Linked to by NascarFast.com
The sites displayed as directory/search results
or linked to by NascarFast.com Services are
developed by people over whom NascarFast.com
exercises no control. The directory/search
results that appear from NascarFast.com
indices are indexed from automated machinery and
computers, and NascarFast.com cannot and does
not screen the sites before including them in
the indices from which such automated search
results are gathered. A search using
NascarFast.com Services may produce search
results and links to sites that some people find
objectionable, inappropriate, or offensive. We
cannot guarantee that a NascarFast.com search
will not locate unintended or objectionable
content and assume no responsibility for the
content of any site included in any search
results or otherwise linked to by the
NascarFast.com Services. NascarFast.com
makes no representation that materials on the
site/service are appropriate, available, or
legal in any particular location. Those who
choose to access the site/service do so on their
own initiative and are responsible for
compliance with local laws, if and to the extent
local laws are applicable.
Changes In Terms of Use and
NascarFast.com Services
We may modify or terminate our services from
time to time, for any reason, and without
notice, including the right to terminate with or
without notice, without liability to you, any
other user or any third party. We reserve the
right to modify these Terms of Use from time to
time without notice. Please review these Terms
of Use from time to time so that you will be
apprised of any changes.
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