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Pitshopper.com Terms of Service

1. ACCEPTANCE OF TERMS

The services that Pitshopper.com offers are subject to the Terms of Service ("TOS") listed below.  These terms may be updated by Pitshopper.com at any time without notice to users.  By accessing Pitshopper.com, you accept all TOS specified below.

2. DESCRIPTION OF SERVICE

Pitshopper.com currently provides users with access to a collection of racing industry resources including forums, classified ads, and dealer databases ("Service").  You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Pitshopper.com to provide Services.  You also understand and agree that the Service may include certain communications from Pitshopper.com, which include, but are not limited to, service announcements, administrative messages, and the Pitshopper.com Newsletter, and that these communications are considered part of Pitshopper.com membership and you will not be able to opt out of receiving them.  Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.  You understand and agree that the Service is provided "AS-IS" and that Pitshopper.com assumes no responsibility for the timeliness, deletion, incorrect delivery, or failure to store any user communications or personalization settings; you are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges); you are responsible for those fees, including those fees associated with the display or delivery of advertisements.  In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or Pitshopper.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Pitshopper.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  Pitshopper.com is concerned about the safety and privacy of all its users. 

4. MEMBER ACCOUNT SECURITY

You will receive a password and account designation upon completing the Service's registration process.  You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.  You agree to immediately notify Pitshopper.com of any unauthorized use of your password or account or any other breach of security.   Pitshopper.com cannot and will not be liable for any loss or damage arising from unauthorized use of your account, regardless of how your account was compromised. 

5. MEMBER CONDUCT

You understand that all information, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.  This means that you, and not Pitshopper.com, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service.  Pitshopper.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.  You understand that by using the Service you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.  Under no circumstances will Pitshopper.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.

You agree to not use the Service to:

  • upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
  • impersonate any person or entity, including, but not limited to, a Pitshopper administrator, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
  • upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party
  • upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as classified ads) that are designated for such purpose
  • upload, post, email, transmit, or otherwise make available any material that contains 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
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges
  • interfere with or disrupt the Service or servers or networks connected to the Service or disobey any requirements, procedures, policies, or regulations of networks connected to the Service
  • intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
  • harass another user or any entity affiliated with Pitshopper.com

You acknowledge that Pitshopper.com may not prescreen Content, but that Pitshopper.com shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Pitshopper.com shall have the right to remove any Content that violates the TOS or is otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.  In this regard, you acknowledge that you may not rely on any Content created by Pitshopper.com or submitted to Pitshopper.com, including, without limitation, information in Pitshopper.com forums and in all other parts of the Service.

You acknowledge, consent, and agree that Pitshopper.com may access, preserve, and disclose your account information and Content in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • comply with legal process
  • enforce the TOS
  • respond to claims that any Content violates the rights of third parties
  • respond to your requests for customer service
  • protect the rights, property, or personal safety of other Pitshopper.com users

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Pitshopper.com.  You may not attempt to override or circumvent any of the usage rules embedded into the Service.  Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Pitshopper.com does not claim ownership of Content you submit or make available for inclusion on the Service.  However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Pitshopper.com the following royalty-free and non-exclusive license(s) to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available.  This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Pitshopper.com administrators remove such Content from the Service.

7. INDEMNITY

You agree to indemnify and hold Pitshopper.com and its officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.

9. GENERAL PRACTICES REGARDING USE AND LIMITATIONS

You acknowledge that Pitshopper.com may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Pitshoppers.com servers on your behalf, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time.  You agree that Pitshopper.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.  You acknowledge that Pitshopper.com reserves the right to modify these general practices and limits at any time.

10. MODIFICATIONS TO SERVICE

Pitshopper.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice.  You agree that Pitshopper.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

11. TERMINATION OF SERVICE

You agree that Pitshopper.com may, under any circumstances and without prior notice, immediately terminate your Pitshopper.com account and access to the Service.  Cause for such termination shall include, but not be limited to:

  • breaches or violations of the TOS or other incorporated agreements or guidelines
  • requests by law enforcement or other government agencies
  • a request by you (self-initiated account deletions)
  • discontinuance or material modification to the Service
  • unexpected technical or security issues or problems
  • extended periods of inactivity

Termination of your Pitshopper.com account includes:

  • removal of access to all offerings within the Service
  • deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
  • barring further use of the Service

You agree that all terminations shall be made at Pitshopper.com's sole discretion and that Pitshopper.com shall not be liable to you or any third party for any termination of your account or access to the Service.

12. DEALINGS WITH ADVERTISERS AND OTHER USERS OF PITSHOPPER.COM

Your correspondence or business dealings with, or participation in promotions of, advertisers or other users of Pitshopper.com found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such parties.  You agree that Pitshopper.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such parties on the Service.

13. SITES REFERENCED ON PITSHOPPER.COM

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.  You acknowledge and agree that Pitshopper.com is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that Pitshopper.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

14. PITSHOPPER.COM'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.  Except as expressly authorized by Pitshopper.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

Pitshopper.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software.  You agree not to modify the Software in any manner or form or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service.  You agree not to access the Service by any means other than through the interface that is provided by Pitshopper.com for use in accessing the Service.

15. DISCLAIMER OF WARRANTIES

You expressly understand and agree the following:

  • Your use of the service is at your sole risk.  The service is provided on an "AS-IS" and "AS-AVAILABLE" basis.  Pitshopper.com expressly disclaims there are no warranties granted by Pitshopper.com as to any Content. 
  • There is no warranty that the service will meet your requirements or needs.
  • There is no warranty that the service will be uninterrupted or timely.
  • There is no warranty that the information or results obtained from the Service will be accurate, reliable, or error free.
  • Pitshopper.com is not responsible for any warranty granted on products or services that were bought or sold on Pitshopper.com.
  • Any advice or information obtained by you from the Service shall create any warranty.
  • No warranty exists that the Service will not cause medical problems, including but not limited to: seizures, dizziness, or altered vision.  If any medical problems begin, discontinue use of the Service and consult a physician. 

16. LIABILITY

You expressly understand and agree that Pitshopper.com has no liability to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of revenue, goodwill, use, data, or any other intangible losses resulting from:

  • Use of Service, inability to use Service.  
  • The cost of procuring substitute goods or services resulting from goods or services purchased by use of the Service.
  • Any damages by unauthorized access to your account data or Content that you have provided.
  • Statements or conduct of other Pitshopper.com users.
  • Any use of the content of this service. 

17. TRADEMARK INFORMATION

Pitshopper.com and the Pitshopper.com logo are trademarks and cannot be used for any reason without express permission of Pitshopper.com.

18.  TOS AGREEMENT

The TOS constitute the entire agreement between you and Pitshopper.com and govern your use of the Service, superceding any prior agreements between you and Pitshopper.com.

19. LEGAL VENUE

The TOS and the relationship between you and Pitshopper.com shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.  You and Pitshopper.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Johnson, Indiana.

20.  WAIVER & SEVERABILITY OF TERMS

The failure of Pitshopper.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.  If any provision of the TOS 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 the TOS remain in full force and effect.

21.  STATUTE OF LIMITATIONS

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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22.  MEMBERSHIP ELIGIBILITY

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Pitshopper.com members.  If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of, your parents or guardians.  If you do not qualify, please do not use our Site.  Further, your Pitshopper.com account and User ID may not be transferred or sold to another party.  If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.