1. ACCEPTANCE OF TERMS
Welcome to the Official Website of Andretti Enterprises, (Andretti.com)!
Andretti.com provides its service to you, subject to the following
Terms of Usage (TOU), which may be updated by us from time to time
without notice to you. You can review the most current version of
the TOU at any time. In addition, when using particular ANDRETTI.COM
services, you and ANDRETTI.COM shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference
into the TOU. ANDRETTI.COM also may offer other services from time
to time, such as ANDRETTI.COM Store and Fan Club Forum which may involve
additional Terms of Usage. IF YOU DO NOT AGREE WITH THESE TERMS, DO
NOT USE THIS WEBSITE.
2. DESCRIPTION OF SERVICE
ANDRETTI.COM currently provides users with access to a rich collection
of resources, including, various communications tools, forums, shopping
services, personalized content and branded programming through its
network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these
advertisements are necessary for ANDRETTI.COM to provide the Service.
Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new ANDRETTI.COM
properties, shall be subject to the TOU. You understand and agree
that the Service is provided "AS-IS" and that ANDRETTI.COM
assumes no responsibility for the timeliness, deletion, mis-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 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 ANDRETTI.COM has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
ANDRETTI.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). ANDRETTI.COM is concerned about the safety and privacy of
all its users, particularly children. For this reason, parents of
children under the age of 13 who wish to allow their children access
to the Service must create a ANDRETTI.COM Family Account. When you
create a ANDRETTI.COM Family Account and add your child to the account,
you certify that you are at least 18 years old and that you are the
legal guardian of the child/children listed on the ANDRETTI.COM Family
Account. By adding a child to your ANDRETTI.COM Family Account, you
also give your child permission to access all of the Services including,
email, message boards, clubs, instant messages and chat (among others).
Please remember that the Service is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or Content (as defined
in Section 6 below) are appropriate for your child.
4. ANDRETTI.COM PRIVACY STATEMENT
Registration Data and certain other information about you is subject
to our Privacy Statement.
5. MEMBER ACCOUNT, PASSWORD AND 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 (a) immediately notify ANDRETTI.COM of any unauthorized use
of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
ANDRETTI.COM cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, 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 ANDRETTI.COM, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the Service. ANDRETTI.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 offensive, indecent or objectionable.
Under no circumstances will ANDRETTI.COM be liable in any way for
any Content, including, but not limited to, for 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:
a. upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a ANDRETTI.COM official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service;
e. 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);
f. 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;
g. 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 shopping rooms) that are designated
for such purpose;
h. 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;
i. 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;
j. 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;
k. 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;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that ANDRETTI.COM does not pre-screen Content, but
that ANDRETTI.COM and its designees 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,
ANDRETTI.COM and its designees shall have the right to remove any
Content that violates the TOU 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 ANDRETTI.COM or submitted
to ANDRETTI.COM, including without limitation information in ANDRETTI.COM's
Fan Club Message Boards and in all other parts of the Service.
You acknowledge and agree that ANDRETTI.COM may preserve Content and
may also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOU; (c) respond
to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of ANDRETTI.COM,
its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
ANDRETTI.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 ANDRETTI.COM the following world-wide,
royalty free and non-exclusive license(s), as applicable:
* With respect to Content you submit or make available for inclusion
on publicly accessible areas of ANDRETTI.COM Clubs and ANDRETTI.COM
Groups, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the specific ANDRETTI.COM
Fan Club or ANDRETTI.COM's Service to 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 ANDRETTI.COM removes such Content from the
Service.
* With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the ANDRETTI.COM
Fan Club, 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 ANDRETTI.COM removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible
areas of the Service, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format
or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas
of the ANDRETTI.COM network of properties that are intended by ANDRETTI.COM
to be available to the general public. By way of example, publicly
accessible areas of the Service would include ANDRETTI.COM Fan Club
Message Boards and portions of ANDRETTI.COM that are open to both
members and visitors. However, publicly accessible areas of the Service
would not include portions of ANDRETTI.COM Fan Club that are limited
to members, ANDRETTI.COM services intended for private communication,
or areas off of the ANDRETTI.COM network of properties such as portions
of World Wide Web sites that are accessible through ANDRETTI.COM but
are not hosted or served by ANDRETTI.COM.
9. INDEMNITY
You agree to indemnify and hold ANDRETTI.COM, and its subsidiaries,
affiliates, officers, agents, co-branders 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 TOU, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ANDRETTI.COM may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk
space that will be allotted on ANDRETTI.COM's 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
ANDRETTI.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 ANDRETTI.COM
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that ANDRETTI.COM reserves
the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
ANDRETTI.COM reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that ANDRETTI.COM
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that ANDRETTI.COM, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if ANDRETTI.COM
believes that you have violated or acted inconsistently with the letter
or spirit of the TOU. ANDRETTI.COM may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOU may be effected without
prior notice, and acknowledge and agree that ANDRETTI.COM may immediately
deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files
or the Service. Further, you agree that ANDRETTI.COM shall not be
liable to you or any third-party for any termination of your access
to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers 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 advertiser. You agree that ANDRETTI.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 advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because ANDRETTI.COM has no control
over such sites and resources, you acknowledge and agree that ANDRETTI.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
ANDRETTI.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.
16. ANDRETTI.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 ANDRETTI.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.
ANDRETTI.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 ANDRETTI.COM for use
in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ANDRETTI.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. ANDRETTI.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM ANDRETTI.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANDRETTI.COM SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
ANDRETTI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17
AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any Service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended
for trading or investing purposes. ANDRETTI.COM and its licensors
shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via
the Service, and shall not be responsible or liable for any trading
or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOU or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Andretti and other logos and product and service names are trademarks
of Andretti Enterprises d/b/a (the "ANDRETTI.COM Marks").
Without ANDRETTI.COM's prior permission, you agree not to display
or use in any manner, the ANDRETTI.COM Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
ANDRETTI.COM respects the intellectual property of others, and we
ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide ANDRETTI.COM's
Webmaster the following information:
1. an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
ANDRETTI.COM's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail: Webmaster at 630 Selvaggio Drive, Suite 340, Nazareth, PA
18064
24. GENERAL INFORMATION
The TOU and the Privacy Statement constitute the entire agreement
between you and ANDRETTI.COM and govern your use of the Service, superceding
any prior agreements between you and ANDRETTI.COM.
You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOU and the relationship between you and ANDRETTI.COM
shall be governed by the laws of the Commonwealth of Pennsylvania
without regard to its conflict of law provisions. You and ANDRETTI.COM
agree to submit to the personal and exclusive jurisdiction of the
courts located within the State of Indiana. The failure of ANDRETTI.COM
to exercise or enforce any right or provision of the TOU shall not
constitute a waiver of such right or provision. If any provision of
the TOU 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 TOU 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 Service
or the TOU must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no
legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOU to
or via mail: Webmaster at 630 Selvaggio Drive, Suite 340, Nazareth,
PA 18064
