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PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS WEBSITE OR SUBMITTING ANY
INFORMATION TO US.
This website (we’ll call it the
“Site”), at www.JonWilliamsMotorSports.com , is fully
controlled and operated by C&C Computer Designs LLC.
(we’ll call ourselves “we,” “us” or “JonWilliamsMotorSports").
By accessing and using this Site, you agree to be
legally bound by these terms and conditions of use we
have established. If you do not agree with all of the
following terms and conditions, please do not use this
Site or any of its interactive features.
We reserve the right, at our sole
discretion, to change, modify or otherwise alter these
terms and conditions at any time. Such changes and/or
modifications shall become effective immediately upon
the posting thereof. Please review the terms and
conditions periodically. Your continued use of the Site
following the posting of changes and/or modifications
will constitute your acceptance of the revised terms and
conditions.
Age and Residency Restrictions Upon
Use of the Site
The Site is intended for use
exclusively by residents of the United States of
America. Persons who live outside the U.S. may not
participate in Site activities and have no rights or
claims with respect to use of the Site.
Restrictions on Use of Materials
All materials contained in the Site
(we'll call it “Site Content”) are the copyrighted
property of JonWilliamsMotorSports and/or third-party
licensors. All trademarks, service marks, trade names,
and trade dress are proprietary to
JonWilliamsMotorSports and/or its affiliates. No Site
Content may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any
way, except that you may download one copy of the Site
Content on any single computer for your personal,
noncommercial home use only, provided that: (i) you keep
intact all copyright and other proprietary notices; (ii)
you do not any modifications to the Site Content; (iii)
you do not use the Site Content in a manner that
suggests an association with any of our products,
services, or brands; and (iv) you do not download
quantities of the Site Content to a database that can be
used to avoid future downloads from any
JonWilliamsMotorSports website, including the Site. The
use of any JonWilliamsMotorSports Site Content on any
other website or computer environment is prohibited.
If, at any time, we offer Software for
you to download on this Site and you choose to download
this software from the Site or any other
JonWilliamsMotorSports website, the software, including
any files, images incorporated in or generated by the
software, and data accompanying the software
(collectively, the “Software”) are licensed to you by us
or third-party licensors for your personal,
noncommercial, home use only. We do not transfer title
to the Software to you. You own the medium on which the
Software is recorded, but we (or our third-party
licensors) retain full and complete title to the
Software and all intellectual property rights therein.
You may not redistribute, sell, auction, decompile,
reverse engineer, disassemble, or otherwise reduce the
Software to a human-readable form. Any unauthorized or
prohibited use may subject the offender to civil
liability and criminal prosecution under applicable
federal and state laws.
Community Standards and Conduct
You are entirely responsible for the
content of any materials that you post, e-mail or
otherwise transmit to the Site. You agree to not use the
Site or any portion of the Site to: upload, post,
e-mail or otherwise transmit any material that is
unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous,
invasive of another’s privacy or right of publicity,
hateful, or otherwise objectionable under community
standards for appropriate and decent behavior; harm
minors in any way; impersonate any person or entity,
including, but not limited to, an agent or official of
JonWilliamsMotorSports or this Site; or falsely state or
otherwise misrepresent your affiliation with any person
or entity; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any
Content transmitted to, from or through the Site;
upload, post, email or otherwise transmit any materials
that you do not have a right to transmit under any law
or under contractual or fiduciary relationships
(including, but not limited to, inside information
and/or proprietary and confidential information learned
or disclosed as part of employment relationships or
under nondisclosure agreements); upload, post,
e-mail or otherwise transmit any materials that infringe
upon any patent, trademark, trade secret, copyright,
right of privacy or publicity or other proprietary
right(s) of any party; upload, post, e-mail or
otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,”
“chain letters,” “pyramid schemes,” or any other form of
solicitation, except in those areas that may be
specifically designated for such purpose, if any;
upload, post, e-mail or otherwise transmit any material
that contains bugs, software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
interfere with or disrupt the Site or servers or
networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Site; intentionally or
unintentionally violate any applicable local, state,
national or international law; attempt to view, gain
access to, collect or store personal data about other
users of the Site.
Privacy of Users
It is our policy to respect the
privacy of all users. Therefore, we will not edit, or
disclose the contents of a user’s or member’s e-mail
unless required in the course of normal maintenance of
the Site and its systems or unless required to do so by
law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with
legal process served on JonWilliamsMotorSports; (2)
protect and defend the rights or property of
JonWilliamsMotorSports; or (3) act in an emergency to
protect the personal safety of our users or the public.
You shall remain solely responsible for the content of
your messages.
Forward-Looking Statements
This Site may contain forward-looking
statements within the meaning of Section 27A of the
Securities Act of 1933 and Section 21E of the Securities
Exchange Act of 1934. Such statements are based on
management’s current expectations and assessments of
risks and uncertainties and reflect various assumptions
concerning anticipated results, which may or may not
prove to be correct. Some of the factors that could
cause actual results to differ materially from estimates
or projections contained in such forward-looking
statements include the pattern of brand sales, including
variations in sales volume within periods; competition
within the relevant product markets, including the
ability to develop and successfully introduce new
products, ensuring product quality, pricing, promotional
activities, introduction of competing products and
continuing customer acceptance of existing products;
loss of distributorship rights; risks inherent in
acquisitions and strategic alliances; the loss of one or
more key employees; the effects of a prolonged United
States or global economic downturn or recession; changes
in costs, including changes in labor costs, raw material
prices or advertising and marketing expenses; the costs
and effects of unanticipated legal or administrative
proceedings; and variations in political, economic or
other factors such as currency exchange rates, inflation
rates, tax changes, legal and regulatory changes or
other external factors over which JonWilliamsMotorSports
has no control.
Submissions
If you send us creative suggestions,
ideas, notes, drawings, or other information (we’ll call
them “Submissions”), whether voluntarily or at our
request, such Submissions shall be deemed, and shall
remain, the property of JonWilliamsMotorSports. None of
the Submissions will be subject to any obligation of
confidence on the part of JonWilliamsMotorSports, and
JonWilliamsMotorSports will not be liable for any use or
disclosure of any Submissions. Without limitation,
JonWilliamsMotorSports will exclusively own all rights
to the Submissions of every kind and nature, now known
or hereafter existing throughout the universe, and shall
be entitled to unrestricted use of the Submissions for
any purpose whatsoever, commercial or otherwise, without
compensation of any kind or nature or other
consideration to the provider of the Submissions, or any
notice to, review of, or permission of, the provider of
the Submissions.
Disclaimer and Limitation of Liability
THIS SITE AND ALL MATERIALS CONTAINED
ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND
“AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
JonWilliamsMotorSports is not
responsible or liable for any infections or
contamination of your system, or delays, inaccuracies,
errors, or omissions arising out of your use of this
Site or with respect to the information and material
contained on this Site. The entire risk as to the
quality, accuracy, adequacy, completeness, correctness
and validity of any material rests with you.
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND
AGREE THAT JonWilliamsMotorSports, ITS AFFILIATES, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS TO
THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND
INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR
DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE
WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED
BY JonWilliamsMotorSports OR ANY THIRD-PARTY. IN NO
EVENT SHALL THE LIABILITY OF JonWilliamsMotorSports TO
YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
Third-Party Hyperlinks
The appearance of external hyperlinks
does not constitute endorsement by
JonWilliamsMotorSports, its subsidiaries or affiliates
of the opinions or views expressed by these third-party
websites, and JonWilliamsMotorSports does not verify,
endorse, or take responsibility for the accuracy,
currency, completeness or quality of the content
contained at these other websites. Furthermore,
JonWilliamsMotorSports is not responsible for the
quality or delivery of the products or services offered,
accessed, obtained by or advertised at such websites. As
such, neither JonWilliamsMotorSports nor its
subsidiaries or affiliates will be responsible for any
errors or omissions or for the results obtained from the
use of such information contained in these websites.
Finally, under no circumstances will
JonWilliamsMotorSports be liable for any direct,
indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract,
defamation, infringement of copyright or other
intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or
content contained within these third-party hyperlinked
websites.
Disclaimer Regarding Shopping
The Site may provide advertisements to
help you locate and potentially purchase products or
services (collectively “Merchandise”) from on-line and
off-line retailers. JonWilliamsMotorSports does not,
however, control these independent retailers and does
not provide any assurance, warranty or guarantee of any
kind that you will be satisfied with their Merchandise.
When shopping by means of advertisements provided on the
Site, you acknowledge and agree that
JonWilliamsMotorSports does not endorse any of the
Merchandise linked to or through the Site and that
JonWilliamsMotorSports has not taken any steps to
confirm the accuracy or reliability of any of the
information provided by third parties through the Site
or their own web sites.
JonWilliamsMotorSports does not take
orders for any Merchandise using credit cards over a
secure web site. JonWilliamsMotorSports expressly
disclaims any and all representations or warranties as
to the security of any information (including, without
limitation, credit card and other personal information)
you might be requested to give to any third-party. We
advise you to exercise your own judgment and to
investigate, as you deem necessary, before proceeding
with any on-line or off-line transaction with any
third-party.
Indemnification
You agree to indemnify, defend and
hold harmless JonWilliamsMotorSports, its subsidiaries
and affiliates and their respective officers, directors,
employees, agents, licensors, representatives, and
third-party providers to the Site from and against all
losses, expenses, damages and costs, including
reasonable attorneys’ fees, resulting from any violation
by you of these terms and conditions of use.
JonWilliamsMotorSports reserves the right to assume, at
its sole expense, the exclusive defense and control of
any matter subject to indemnification by you, in which
event you agree you will fully cooperate with
JonWilliamsMotorSports in asserting any available
defenses.
Miscellaneous
This Site is intended for use in the
United States only. No software from this Site may be
downloaded, exported or re-exported in violation of any
law including, without limitation, to countries that are
subject to U.S. export restrictions.
This Agreement contains the entire
understanding, and supersedes all prior understanding,
of the parties hereto relating to the subject matter
hereof and cannot be changed or terminated orally. If
any provision of this Agreement is found to be illegal
or unenforceable, the Agreement will be deemed curtailed
to the extent necessary to make it legal and enforceable
and will remain, as modified, in full force and effect.
This Agreement and all matters or
issues collateral thereto will be governed by, construed
and enforced in accordance with the laws of the
Commonwealth of New Jersey applicable to contracts
executed and performed entirely therein (without regard
to any principles of conflict of laws), and jurisdiction
for any court action shall be in the County of Atlantic,
Commonwealth of New Jersey.
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