
THESE TERMS AND CONDITIONS, ALONG WITH THE LEGAL NOTICES AND PRIVACY STATEMENTS
(COLLECTIVELY, THE �TERMS�), GOVERN YOUR USE OF THIS WEBSITE, AS WELL AS ALL
PRODUCTS AND SERVICES BY MOTORSPORTS AUTHENTICS LLC AND ITS SUBSIDIARIES,
DIVISIONS AND RELATED COMPANIES, AND APPLY NOTWITHSTANDING ANY CONFLICTING,
CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER
DOCUMENT OR COMMUNICATION FROM BUYER.
1) Acceptance of terms through use: By using this website, you signify your
knowledge and acceptance of the Terms set out within this site. If you do not
agree with the foregoing sentence, please do not use this site. Motorsports
Authentics reserves the right, at our discretion and without prior notice, to
modify the Terms at any time. You agree to periodically review the Terms to be
aware of any such revisions. Should the revision be unacceptable to you, you
agree to stop accessing this site. Your continued use of this site following any
such revision(s) shall be deemed as acceptance of and agreement to abide by all
such revisions.
2) Lawful Use: You agree to use this website for lawful purposes only.
3) Copyrights: Except as expressly stated in this site, no portion or element of
this website (including information, images, logos, photographs, graphics, and
the overall appearance of the site) may be reproduced, distributed, republished,
downloaded, displayed, posted, transmitted or copied in any form or by any means
whatsoever without the prior written permission of Motorsports Authentics and
all relevant copyright holders.
4) Trademarks: MOTORSPORTS AUTHENTICS, CHASE AUTHENTICS and all associated logos
are trademarks of Motorsports Authentics LLC, and it's affiliated companies. All
other trademarks and logos used in this website are the trademarks or logos of
their respective owners.
5) Links to other websites: This website contains links to other websites that
are operated by third parties. Those links are provided for your convenience
only; we disclaim all warranties and responsibility for those websites, and for
the accuracy, availability, or completeness of any content found on those
websites. The existence of these links does not constitute an endorsement of
such websites, and your linking to these sites is at your own risk. We make no
representations or warranties as to the security of any information (including
without limitation credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive any claim
against Motorsports Authentics with respect to such sites and third-party
content.
6) Content Accuracy: While reasonable efforts have been made to ensure the
accuracy of this website�s content, no responsibility can be taken for any error
or omission.
7) DISCLAIMER; LIMITATION OF LIABILITY: YOU ASSUME ALL RESPONSIBILITY AND RISK
FOR ANY USE OF THIS WEBSITE AND ITS CONTENTS, WHICH ARE PROVIDED ON AN �AS IS�
AND �AS AVAILABLE� BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, MOTORSPORTS AUTHENTICS DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND SECURITY
OR CONFIDENTIALITY OF USE OR INFORMATION. MOTORSPORTS AUTHENTICS MAKES NO
REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS CONTENTS, INCLUDING WITHOUT
LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS
OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL
COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS
ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH
ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY. YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR ITS CONTENTS IS TO
STOP ALL USE THEREOF.
GOODS OR SERVICES NEITHER MANUFACTURED NOR RENDERED BY MOTORSPORTS AUTHENTICS ARE THE SOLE RESPONSIBILITY OF THE MANUFACTURER OR PROVIDER OF THOSE GOODS OR SERVICES. WE DISCLAIM ALL WARRANTIES AND RESPONSIBILITY FOR THOSE GOODS AND SERVICES
UNDER NO CIRCUMSTANCES SHALL MOTORSPORTS AUTHENTICS OR ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY
DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING
FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, ITS CONTENTS, ANY LINKED SITES, OR
ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY
APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOTORSPORTS AUTHENTICS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8) International use: Motorsports Authentics makes no representation that this
website or its contents are appropriate or available for use in locations
outside the United States. If you use this site or its contents from a location
other than the United States, you are solely responsible for compliance with all
applicable local laws, including without limitation any import and export
regulations.
9) Choice of law and forum: These Terms shall be governed by and construed in
accordance with the laws of the State of North Carolina, USA, excluding its
conflicts of law rules. You expressly agree that the exclusive jurisdiction for
any claim or action arising from or relating in any way to these Terms, this
website and its contents, or your use thereof shall be filed only in the state
or federal courts located in Cabarrus county or Mecklenburg county in the State
of North Carolina. You also agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim or
action, and consent to extra-territorial service of process. The Terms shall be
interpreted according to its express terms, with no presumptions against the
drafting party.
10) Submissions: We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative or original ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that the intent of this policy is to avoid the possibility of misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, artwork or photos. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, at our request, you send certain submissions (such as postings to chat boards, or contest entries) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. No Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
By posting or submitting content to this site, you (1) grant Motorsports Authentics and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (2) warrant and represent that public posting and use of that content by Motorsports Authentics will not infringe or violate the rights of any third party.
11) Risk of loss: All items purchased from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
12) Indemnification: Upon request by Motorsports Authentics, you agree to defend, indemnify, and hold harmless Motorsports Authentics and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys� fees, arising from your violation of these Terms or your use of this website other than as permitted herein. Motorsports Authentics reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Motorsports Authentics in asserting any available defenses./p>
13) Severability and integration: Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Motorsports Authentics with respect to this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Motorsports Authentics with respect to this site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
14) Termination: Motorsports Authentics reserves the right, in its sole
discretion, to terminate your access and license to all or part of this website,
with or without notice and with or without cause.