Terms of Use
TERMS OF USE
Last Updated: March 19, 2024
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. NHRA INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS/REFUNDS
6. PURCHASES AND PAYMENT
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. STATISTICS AND RESULTS
10. MODULAR CONTENT
11. THIRD PARTY CONTENT
12. NOTICE OF INFRINGEMENT
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERMINATION
16. AVAILABILITY, INTERRUPTIONS, AND MODIFICATIONS
17. COMPLIANCE WITH LAWS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US
1. AGREEMENT TO TERMS
PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION CLAUSE (SECTION 19(B)), A CLASS ACTION WAIVER (SECTION 19(C)), DISCLAIMERS OF WARRANTIES (SECTION 21), AND A LIMITATION OF LIABILITY (SECTION 22). WHEN YOU ACCESS OR USE THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT ACCESS OR USE THE SERVICES.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and National Hot Rod Association (“NHRA”, “we”, “us”, or “our”), concerning your access to and use of the digital platforms of NHRA, including, without limitation, websites (e.g., www.nhra.com, www.nhra.tv, www.nhraracer.com), apps (e.g., mobile apps, tablet apps), application programming interfaces (APIs), and online offerings (collectively, the “Services”). These Terms of Use provide you with a limited and temporary license and permission to access and use the Services, which license and permission we may revoke at any time.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use. You waive any right to receive specific notice of each such change. Please make sure to check the applicable Terms of Use each time you use the Services so that you understand which Terms of Use apply. You will be subject to, deemed to have been made aware of, and to have accepted the changes in any revised Terms of Use by your continued use of the Services after the date such revised Terms of Use are posted.
The information provided on or through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. The Services are intended for users who are at least 13 years old. Persons under the age of 13 are not permitted to access, use, or register for the Services.
2. NHRA INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, designs, user interface, Modular Content (defined below), artwork, audio, video, text, photographs, data, results, and graphics on or part of the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international law, and international conventions. The Content and the Marks are provided on or through the Services “AS IS” for your information and personal use only. Provided that you are eligible to access and use the Services, you are granted a revocable, non-exclusive, non-transferrable, and limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, used or exploited for any public or commercial purpose whatsoever, except as expressly permitted by these Terms of Use, applicable law, or with the prior written approval of NHRA’s legal counsel.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all information you submit to or through the Services will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity to agree to these Terms of Use; (4) you have read and understand these Terms of Use; (5) you agree to comply with and be bound by these Terms of Use; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law, regulation, or rule or the rights of any third party.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register through the Services, or to access or use certain Services. You agree to keep your password confidential. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges, and/or liabilities made through the use of your username and password. In no event will NHRA be liable for the unauthorized use or misuse of your username and/or password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or objectionable. We will collect and use your username, password, and other information provided during the registration process in accordance with our Privacy Policy.
5. PRODUCTS/REFUNDS
All products and services offered on or through the Services are subject to availability. We reserve the right to discontinue any products or services at any time for any reason. Prices for all products and services are subject to change at any time. Unless expressly stated elsewhere in the Services, all sales are final and no refund will be issued.
6. PURCHASES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information for all purchases made on or through the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. Your ability to purchase or access certain services, content, or products offered for purchase on or through the Services is subject to limits established by your credit card issuer. All payments will be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Further, you agree not to:
• access, use, or retrieve Content or any other information from or associated with the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without express prior written permission from us;
• trick, defraud, or mislead us or other users of the Services, especially in any attempt to learn sensitive account information such as user passwords;
• circumvent, disable, compromise, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or that enforce limitations on the use of the Services or the Content contained or accessible therein;
• disparage, tarnish, or otherwise harm us, the Services, or the Content;
• use any information obtained from the Services in order to harass, abuse, or harm another person;
• make improper use of the Services, or our support services related thereto, or submit false reports of abuse or misconduct;
• access or use the Services in a manner inconsistent with any applicable laws or regulations;
• engage in unauthorized framing of or linking to the Services;
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services, including but not limited to excessive use of capital letters and spamming;
• engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering or extraction tools;
• access data not intended for you or log into a server or account that you are not authorized to access;
• attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• remove, alter, or obscure the copyright or other proprietary rights notice from any Content or any other part of the Services;
• attempt to impersonate another user or person or use the username of another user of the Services;
• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation,, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar materials or devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
• interfere with, disrupt, or create an undue burden on the Services, or the networks or services connected to the Services;
• harass, annoy, intimidate, or threaten any of our employees or agents that provide or facilitate the provision of any portion of the Services to you;
• attempt to bypass any measures of the Services that are designed to prevent or restrict access to the Services, or any portion of thereof;
• copy or adapt the software of the Services, including, without limitation, Flash, PHP, HTML, JavaScript, or other code;
• except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
• use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software, except as may be the result of standard search engine or Internet browser usage;
• use a buying agent or purchasing agent to make purchases on or through the Services or otherwise related to the Services;
• use the Services to collect usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses;
• use the Services as part of any effort to compete with us or otherwise use the Services or the Content for any revenue-generating endeavor or commercial enterprise;
• sell or otherwise transfer your profile;
• access or use the Services to advertise or offer to sell goods and services (unless otherwise approved in writing by NHRA);
• rebroadcast, retransmit, or reuse the Content or any media you create at or in connection with the Services in violation of these Terms of Use or other agreements you enter into with us.
8. USER GENERATED CONTRIBUTIONS
From time to time, we may elect to provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on or through the Services, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). By doing so, you are automatically granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such Contributions, in whole or in part, in any form, media, or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others. This means that anything submitted by you on or through the Services may be used by us for any purpose, now or in the future, without any attribution or payment to, or further authorization by, you.
When you create, post, submit, or otherwise make available any Contributions, you represent and warrant that:
• the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the rights of any third party (including, without limitation, copyright, patent, trademark, trade secret, or moral rights);
• you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Services to use your Contributions in any manner contemplated by us or these Terms of Use;
• you have the written consent, release, or permission of each and every identifiable individual person in your Contributions to use the name, likeness, or image of each and every such identifiable individual person to enable inclusion and use of your Contributions on the Services in a manner consistent with and in accordance with these Terms of Use;
• your Contributions are not false, inaccurate, or misleading and do not contain false, inaccurate, or misleading information;
• your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
• your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or objectionable;
• your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
• your Contributions do not harass, threaten harm to, or promote or advocate violence or other harm to or against any person or class of people;
• your Contributions do not violate any applicable law, regulation, or rule;
• your Contributions do not violate the privacy or publicity rights of any third party;
• your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
• your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or disability;
• your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable law, regulation, or rule.
Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to access and use the Services. You agree that we may access, store, process, and use any information and personal data that you provide in accordance with the terms of our Privacy Policy and your account setting.
We do not assert any ownership over your Contributions. Other than the license granted to us as described above, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you on or through the Services. You are solely responsible for your Contributions, and you expressly agree to exonerate, indemnify, and hold us harmless from any and all responsibility or liability related in any way to your Contributions, consistent with the terms of Section 23 of these Terms of Use, and to refrain from any legal or equitable action against us regarding your Contributions.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
9. STATISTICS AND RESULTS
NHRA may make available on or through the Services statistics, data, and results including, without limitation, statistics generated and/or calculated by us using proprietary calculations and analyses, relating to or arising out of NHRA races, events, and competitions (collectively, “Statistics”). Statistics are considered “Content” for purposes of these Terms of Use. You agree that: (i) any NHRA-authorized use, display, or publication of the Statistics shall include a prominent attribution to NHRA in connection with such use, display, or publication; (ii) the Statistics may only be used, displayed, or published for legitimate news reporting or private, non-commercial purposes; (iii) the Statistics may not be used in connection with any sponsorship or commercial identification; (iv) the Statistics may not be used in connection with any gambling activity (including legal gambling activity); (v) the Statistics may not be used in connection with any fantasy game or other commercial product or service; (vi) the Statistics may not be used in connection with any product or service that presents a live, near-live, or other real-time or archived play-by-play account or depiction of any NHRA race, event, or competition; and (vii) the Statistics may not be used in connection with any website, product, or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from NHRA races, events, or competitions without the prior written consent of NHRA’s legal counsel.
10. MODULAR CONTENT
We may provide certain Content, including, without limitation, Statistics, graphics, text, audio, video, photographs, news, or other materials that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a website, app, or online offering other than the Services (“Modular Content”). If we make Modular Content available, you agree to use it responsibly and consistent with these Terms of Use and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a website, app, or online offering other than the Services (as permitted under these Terms of Use or otherwise authorized by NHRA), you agree not to: (1) obscure NHRA’s branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, facilitate another party’s assertion or implication of ownership or authorship of the Modular Content, or remove any trademark, copyright, or other proprietary notations on the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by NHRA; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (b) may constitute, advocate, or encourage conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (c) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (d) contains, introduces, or may be associated with a computer virus, worm, time bomb, time lock, or any other malicious or harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact; (f) contains any information, software, or other material of a commercial nature; or (g) contains advertising, promotions, or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the websites, apps, or online offerings with or within which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any website, app, or online offering if NHRA or its agent requests that you do so, and that you will maintain the ability to remove Modular Content from any website, app, or online offering on which you cause it to be placed or with which you cause it to be affiliated. You agree that NHRA (1) has exclusive discretion to direct that the Modular Content be removed from any website, app, or online offering at any time and for any reason, including, without limitation, the prohibited uses of Modular Content described above; (2) may implement and use protections to limit any website, app, or online offering with or within which Modular Content in which Modular Content may be used; and (3) may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on a voluntary basis. NHRA expressly disclaims any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy. By accessing or using Modular Content, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD NHRA HARMLESS FOR CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES ARISING OUT OF YOUR USE OF MODULAR CONTENT consistent with the terms of Section 23 of these Terms of Use. Notwithstanding any statement to the contrary by NHRA or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and NHRA, or between NHRA and any third party, other than pursuant to these Terms of Use.
11. THIRD PARTY CONTENT
The Services may contain links to other services not owned or operated by us (“Linked Services”). Even though Linked Services may have a look and feel similar to the Services, the Linked Services are not under our control, and we are not responsible for the content, quality, or availability of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to the Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us. The Linked Services may be governed by other terms of service. A user of any Linked Services will be responsible for reviewing any applicable terms and complying with them.
We may incorporate third-party services, software, technology, data, features, or other content, either independently or in connection with various programs, in the Services. Your use of third-party materials may be subject to terms of use other than these Terms of Use and as may be set forth by third-party providers, as applicable. You agree that NHRA assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by NHRA.
12. NOTICE OF INFRINGEMENT
NHRA respects the intellectual property rights of others and takes intellectual property concerns seriously. NHRA reserves the right to remove any content from its Services for any reason, including if it infringes the trademark rights of any person under the laws of the United States. Under the appropriate circumstances, NHRA will, and expressly reserves the right to, disable or terminate the accounts of users who are repeat infringers.
If you believe in good faith that any content on the Services violates or infringes your trademark or copyright rights, please send us a notice of infringement (with the subject line "Infringement Notice") containing the information set forth below:
a. identification of the work claimed to have been infringed;
b. identification of the allegedly infringing material on the Services that is requested to be removed;
c. your name, address, phone number, and an e-mail address, so that we may contact you if necessary;
d. a statement that you have a good-faith belief that the use of the infringing material is not authorized by the owner, its agent, or the law;
e. a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
f. an electronic or physical signature of the owner or someone authorized on the owner’s behalf to assert infringement and to submit the statement.
Send your notice of infringement here:
NHRA
Attn: Legal Department
Infringement Notice
140 Via Verde, Suite 100
San Dimas, CA 91773
nhra@nhra.com
Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report with respect to infringement may lead to liability for damages under federal law, or similar laws in other countries. Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement. Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner's behalf.
13. SERVICES MANAGEMENT
We reserve the right, but do not have the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems or the systems of our agents or contractors; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy, which can be accessed at www.nhra.com/privacy-policy or www.nhra.tv/privacy. By accessing or using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
15. TERMINATION
These Terms of Use shall remain in full force and effect while you access or use the Services. Notwithstanding the foregoing or anything to the contrary in these Terms of Use, we reserve the right, in our sole discretion, to terminate, suspend, or discontinue the Services, these Terms of Use, your access to and use of all or part of the Services (including, without limitation, any Content), and any licenses and permissions granted under these Terms of Use, at any time, for any reason or no reason, with or without notice. We may also impose limits on or restrict the Services and your access to and use of all or part of the Services (including, without limitation, any Content) at any time, for any reason or no reason, with or without notice.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, injunctive, or other equitable redress. Termination of your access to the Services means the revocation of the limited and temporary license and permission to access and use the Services granted to you under these Terms of Use. The provisions of these Terms of Use will survive the termination of your access to the Services and of these Terms of Use. In addition, because the license you grant to us in Section 8 is perpetual, termination of these Terms of Use does not terminate our license to use Contribution as described elsewhere in these Terms of Use.
16. AVAILABILITY, INTERRUPTIONS, AND MODIFICATIONS
We may experience hardware, software, or network failures, other problems, or need to perform maintenance related to the Services, resulting in interruptions, downtime, delays, or errors. Accordingly, we cannot guarantee the Services (including, without limitation, Content) will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, remove, or otherwise modify the Services (including, without limitation, Content and your Contributions) at any time or for any reason without notice to you. You agree that we are not liable to you or any third party for any loss, damage, or inconvenience caused by (1) your inability to access or use the Services during any downtime or discontinuance of the Services, or (2) any modification, price change, suspension, or discontinuance of the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Services or to supply any updates, or releases in connection therewith.
In order to access and use the Services, you must have access to the world wide web, either directly or through devices that access web-based content and must pay any service fees associated with such access. Not all of the features available on or through the Services, including certain live streaming audio, video, or access to high-quality video, may be available to you unless your computer or mobile device satisfies the minimum technical requirements or unless you complete any necessary payment or subscription fee, as applicable. As we make changes to the Services, the minimum technical requirements for access to or use of the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access or use the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services.
17. COMPLIANCE WITH LAWS
You acknowledge and agree that you are responsible for complying with all applicable laws, regulations, and rules related to your access to or use of the Services. You may not access or use the Services in any way that violates these Terms of Use or any law, regulation, or rule applicable to your access to or use of the Services. We reserve the right to disclose any information about you or your access to or use of the Services in connection with any investigation by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request.
18. GOVERNING LAW
These Terms of Use, our Privacy Policy, and your access to and use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles. By accessing or using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
19. DISPUTE RESOLUTION
PLEASE READ THIS SECTION 19 CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION 19 AS SET FORTH BELOW.
For purposes of this Section 19, a “Dispute” is any claim, controversy, or dispute arising out of, under, or related to (1) these Terms of Use, (2) our Privacy Policy, (3) your access to or use of the Services, (4) the Content, or (5) any Contribution. This Section 19 sets forth the sole and exclusive means of resolving all Disputes.
a. Mandatory Pre-Dispute Resolution Process
Before initiating any proceeding in arbitration or court, you or NHRA (as applicable) must give the other party notice of the Dispute by providing a written “Dispute Notice” that is personally signed. The Dispute Notice must contain all of the following information: (i) name, contact information (address, phone number, and email address), and account information if applicable; (ii) a description of the nature and basis of the Dispute; and (iii) a description of the nature and basis of the relief sought, including a calculation for it. You must send any such Dispute Notice to NHRA by certified mail to Attn: Legal Department, NHRA, 140 Via Verde, Suite 100, San Dimas, CA 91773. NHRA will send any such Dispute Notice to you at the contact information NHRA has on file for you via email. NHRA and you agree to attempt to resolve the Dispute through informal negotiation within sixty (60) days from the date that the Dispute Notice is received (or a longer period, if agreed to by the parties).
NHRA and you agree to use reasonable, good faith efforts to resolve the Dispute through consultation, cooperation, and good faith negotiations. Except as set forth in Section 19(d) below, neither you nor NHRA may initiate an arbitration or court proceeding absent full compliance with this mandatory pre-dispute resolution process. If the sufficiency of a Dispute Notice or compliance with this mandatory pre-dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any formal dispute resolution proceeding shall be stayed. Such court has the authority to enforce this condition precedent to an arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines shall be tolled while you and NHRA engage in this informal process. After completion of this mandatory pre-dispute resolution process, you and NHRA may resort to the other alternatives described in this Section 19.
b. Binding Arbitration
If, within sixty (60) days from the date that the Dispute Notice is received (or a longer period, if agreed to by the parties), we are unable to resolve a Dispute through the mandatory pre-dispute resolution process, the Dispute will be finally and exclusively resolved by binding and confidential arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by any party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California.
Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute related to a claim brought by you or brought by a third party that is related to your use of or access to the Services be commenced more than one (1) years after the cause of action arose. You and NHRA agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.
c. Restrictions
You and NHRA agree that any arbitration shall be limited to Disputes between the two parties individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
d. Exceptions to Arbitration
You and NHRA agree that the following Disputes are not subject to Section 19(a) or 19(b) of these Terms of Use: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of either party; (2) any Dispute related to, or arising from, allegations of theft, piracy, or unauthorized use; and (3) any claim for injunctive relief.
e. Opt-Out
If you do not wish to resolve Disputes by binding arbitration, you may opt out of the provisions of this Section 19 within thirty (30) days after the date that you first access or use the Services by mailing a letter (USPS certified mail) to Attn: Legal Department – Arbitration Opt-Out, NHRA, 140 Via Verde, Suite 100, San Dimas, CA 91773. The opt out letter must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to opt out of arbitration. The opt out letter must also include your full legal name, your mailing address, phone number, email address, and a statement that you wish to opt out of arbitration. Once NHRA receives your opt out letter, Section 19(b) will be void.
If you opt out of arbitration, we also will not be bound to arbitrate. If you do not affirmatively elect to opt out as described above, your access to or use of the Services will be deemed to be your irrevocable acceptance of this Section 19. By opting out of arbitration, you agree to resolve any Disputes consistent with these Terms of Use and the remaining provisions of the Arbitration Agreement in this Section 19 will not be affected by your opt out.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR ACCESS TO AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED (INCLUDING WITHOUT LIMITATION, LINKED SERVICES) IN OR ON THE SERVICES. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS AVAILABLE ON OR OTHERWISE ACCESSIBLE ON OR THROUGH THE SERVICES; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION TO OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (6) ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE (INCLUDING WITHOUT LIMITATION, LINKED SERVICES), OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, INABILITY TO ACCESS OR USE THE SERVICES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS, U.S. FEDERAL LAWS, AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. ANY THIRD PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, INCLUDING ANY AGENTS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE DEEMED THIRD PARTY BENEFICIARIES FOR PURPOSES OF THIS SECTION 22.
23. INDEMNIFICATION
You agree to indemnify and hold harmless us, our affiliates, our respective officers, directors, agents, employees, contractors, and licensees, and each of their successors and assigns, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of or related to: (1) your access to or use of the Services; (2) your Contributions; (3) your use of Modular Content; (4) your breach of these Terms of Use; (5) any breach of your representations and warranties set forth in these Terms of Use; (6) your violation of the rights of a third party, including, without limitation, intellectual property rights by way of your use of or access to the Services or otherwise relating to your use of or access to the Services; or (7) any overt harmful act toward any other user of the Services with whom you connected on or through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. For purposes of this section, “you” includes you and all authorized or unauthorized users or beneficiaries of the Services under these or prior Terms of Use. These obligations will survive any termination of these Terms of Use or any termination, suspension, revocation, or denial of your access to or use of the Services.
24. USER DATA
We will maintain certain data that you transmit on or through the Services for the purpose of managing the performance of the Services, as well as data relating to your access to or use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken accessing or using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Accessing or using the Services, sending emails, and completing online forms all constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on or through the Services, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic communications, signatures, contracts, orders, and other records. You further agree to the electronic delivery of notices, policies, and records of transactions initiated or completed on or through the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Services or otherwise posted at or provided to you in connection with the Services, including, without limitation, our Privacy Policy, or in respect to the Services constitute the entire agreement and understanding between you and us. These Terms of Use do not and are not intended to confer any rights or remedies upon any person or entity other than you. Our failure to exercise or enforce any right or provision of these Terms of Use or our Privacy Policy shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations arising out of or in connection with these Terms of Use or the Services to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or your access to or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. The section headings in these Terms of Use are for convenience only and do not affect the interpretation of the Terms of Use.
28. CONTACT US
If you have any questions about the Services, please contact us at:
National Hot Rod Association
140 Via Verde
Suite 100
San Dimas, CA 91773
nhra@nhra.com