Forums Terms of Use
Welcome to the Indy Racing League, LLC electronic message board ("Discussion Forum"), a service operated by the Indy Racing League . This agreement ("the Agreement") between the Indy Racing League and you governs your use of the Indy Racing League Discussion Forum. Your use of the Discussion Forum constitutes your acceptance without modification of all of the terms, conditions, and notices contained herein. In consideration of your agreement to these Terms of Use and for other valuable consideration, the Indy Racing League grants to you a nonexclusive, nontransferable, limited, terminable license to access and use the Discussion Forum only in the United States. The Indy Racing League reserves all rights not expressly granted in this Agreement.
To improve our ability to serve you, the Indy Racing League may make modifications, improvements, deletions, or amendments to the Discussion Forum at any time we deem appropriate. Any and all relevant portions of this Agreement will apply automatically to all modifications, improvements, deletions, and/or amendments as they appear.
In addition, the Indy Racing League reserves the right at any time to modify the terms and conditions of this Agreement, or any part thereof, or to impose new conditions on the Agreement. Except as otherwise stated herein, any modification to this Agreement shall be effective ten (10) days after it initially is posted on the Discussion Forum. Your use of the Discussion Forum after any such change will be conclusively deemed acceptance of such change. If any change is unacceptable to you, you may cease your use of the Discussion Forum and/or terminate this Agreement. The Agreement may not otherwise be amended except in writing signed by you and by a representative of the Indy Racing League . This Agreement was last revised on May 12, 2007.
1. Discussion Forums
The Discussion Forum provides an opportunity for discussion of issues of common interest. While the Indy Racing League may moderate a Discussion Forum from time to time, the Indy Racing League cannot control the content of any message of any participant in a Discussion Forum, and is not responsible for any messages posted during a Discussion Forum. Messages posted by, and conduct of, Discussion Forum participants are not subject to control by the Indy Racing League and represent only the views of the individual participant. However, the Indy Racing League has the right, but not the obligation, to review, modify, block, or delete any comments, messages, postings, or information accessible in any Discussion Forum which the Indy Racing League , in its sole discretion, considers to be potentially defamatory, obscene, harassing, abusive, threatening, or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Discussion Forum.
The Discussion Forum is provided for lawful purposes only. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by the Indy Racing League ; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.
You shall not access or attempt to access password protected, secure, or non-public areas of the Discussion Forum, except with the authorization of the Indy Racing League . The Indy Racing League has no obligation to monitor the Discussion Forum; however, you acknowledge and agree that the Indy Racing League has the right to monitor the Discussion Forum electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Discussion Forum properly, or to protect itself or the other participants or the Indy Racing League Associates (defined below).
Each participant bears all risks associated with the use and/or reliance of or upon any comment, message, posting or information in a Discussion Forum. The Indy Racing League may adopt and revise supplemental policies from time to time governing the conduct of participants in Discussion Forums. Each User acknowledges that participation in a Discussion Forum may result in unsolicited contacts that the Indy Racing League cannot prevent or control.
The nature of the Discussion Forum may require information about you to be collected by the Indy Racing League . You agree: (a) to voluntarily provide true, accurate, current, and complete information about yourself; and (b) to maintain and update this information to keep it true, accurate, current, and complete. The Indy Racing League reserves the right to approve any participant before the participant may use the Discussion Forum. If any information provided by you is untrue, inaccurate, not current, or incomplete, the Indy Racing League has the right to refuse to provide you with use of the Discussion Forum. You freely release all such information and give the Indy Racing League permission to verify any and all information given now or any time in the future. You agree that the Indy Racing League 's use and disclosure of your participant information in accordance with the terms of this Agreement does not infringe your right of privacy or publicity or any other right. You understand that the Indy Racing League does not routinely perform background checks on participants, and assumes no liability for the accuracy of participant information provided.
Upon registration you may be assigned a unique participant username and a password. You are responsible for safeguarding and maintaining the secrecy of your participant username and password at all times. You agree to notify the Indy Racing League promptly of any unauthorized use of your participant username and password. You will remain liable for any unauthorized use of your participant username and password.
The Discussion Forum is available only to individuals over the age of eighteen. you represent that you are not under the age of eighteen. In addition, you agree to be responsible for (i) prohibiting use and/or access to the Discussion Forum by those under the age of eighteen; and (ii) limiting access to your computer or the Internet to the extent necessary to restrict use of the Discussion Forum to those over the age of eighteen.
2. Third Party information; Links to Other Sites
The Discussion Forum may contain windows or hyperlinks which provide access to other Discussion Forums not affiliated with the Discussion Forum or with the Indy Racing League (the External Websites), or to informational content provided by the External Websites. Your use of such External Websites or informational content, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such External Website. The Indy Racing League is not liable for and does not endorse nor make any representations or warranties concerning any informational content, products, services, software, or other materials available on such External Websites, even if a page or pages of the External Website is framed with a page of this Discussion Forum. The Indy Racing League is not responsible for the privacy practices or the content of External Websites. For your protection, please refer to the terms of service and privacy policies of the respective External Websites. You acknowledge, understand, and agree that the Indy Racing League 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 your use of or reliance on any such informational content, products, services, software, or other materials available on or provided by any External Website.
Vendors of certain products and services may contract with us to advertise their products and services on this Discussion Forum. We do not endorse nor make any representations or warranties concerning any vendor products or services advertised on this Discussion Forum. Your decision to make purchases from any such vendor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with the purchase of products and services from vendors which advertise on this Discussion Forum, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.
3. Failure to Comply With Terms and Conditions; Termination
This Agreement is effective until terminated by either you or the Indy Racing League . You acknowledge and agree that the Indy Racing League may terminate this Agreement or suspend or deny you access to all or part of the Discussion Forum without prior notice, if you engage in any conduct or activities that the Indy Racing League in its sole discretion believes violate any of the terms and conditions set forth herein, violate the rights of the Indy Racing League , or are otherwise inappropriate. You may terminate this Agreement at any time for any reason by delivering notice in the manner provided in this Agreement. Termination will be effective the day notice is received or at a later date if such is specified in the notice.
4. Trademark and Copyright Policy
The Indy Racing League is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Discussion Forum, and is the copyright owner or licensee of the content and/or information on the Discussion Forum, including but not limited to any screens appearing on the Discussion Forum. The Indy Racing League does not grant to any participant any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the Discussion Forum may carry registered or other trademarked symbols that are the sole property of their respective owners.
You may view, print, and download portions of the content and/or information of the Discussion Forum solely in connection with your use of the Discussion Forum, and solely for your own use or records. The Indy Racing League reserves the right to revoke this authorization at any time. In printing or downloading content and/or information from the Discussion Forum, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information.
Except as otherwise provided in this Agreement or as consented to in writing by the Indy Racing League , you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Discussion Forum, transfer, or sell any content and/or information appearing on the Discussion Forum. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the Discussion Forum source code. If you make use of the Discussion Forum other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to the Indy Racing League or its licensor.
You shall not provide copyrighted or other proprietary information to the Indy Racing League without permission from the owner of such material or such rights and shall be solely responsible for any damages resulting from such disclosures. participants shall be solely responsible for obtaining such permission. If you feel your copyrighted material appears on the Discussion Forum without proper authorization, please follow the procedures outlined in our Notice to Copyright Owners [HYPERLINK].
5. Warranty Disclaimers
You understand and expressly agree that use of the Discussion Forum is at your sole risk. The Indy Racing League does not guarantee, represent, or warrant that your use of the Discussion Forum will be uninterrupted, error free, or virus free, or that the Discussion Forum will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the Discussion Forum, or as to the accuracy, reliability, or content of any information, including any potential product or service, provided through or in connection with the Discussion Forum.
Although the Indy Racing League uses reasonable security and encryption provisions, we do not guarantee and make no representations or warranties concerning our ability to prevent unauthorized access of or tampering with the Discussion Forum or information accessible through the Discussion Forum. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE DISCUSSION FORUM IS PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE IRL DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE IRL'S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
6. Limitation of Liability
NEITHER THE Indy Racing League NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, Indy Racing League ASSOCIATES') SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE DISCUSSION FORUM OR INABILITY TO GAIN ACCESS TO OR USE THE DISCUSSION FORUM OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF THE Indy Racing League OR THE Indy Racing League ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE IRL'S LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500.00). YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE IRL NOR ANY Indy Racing League ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF DISCUSSION FORUM PARTICIPANTS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CESSATION OF YOUR USE OF THE DISCUSSION FORUM IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH THE Indy Racing League .
You agree to defend, indemnify, and hold harmless the Indy Racing League , its agents and employees, and the Indy Racing League Associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys' fees, arising in connection with use of the Discussion Forum by you or by anyone using your username and password, or in connection with a violation or breach of this Agreement by you or by anyone using your username and password, including without limitation, (i) claims based on defamation or other conduct by you in using the Discussion Forum, or (ii) your violation of any intellectual property laws including without limitation those relating to copyright, trademarks or trade secrets.
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 Discussion Forum must be filed within one (1) year after such claim or cause of action accrues or be forever barred.
7. General
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You acknowledge and agree that the Discussion Forum is for your personal and non-commercial use.
Nothing in this Agreement shall be construed to establish a joint venture, agency, employment, or other business relationship between you and the Indy Racing League . You acknowledge that no verbal representations or guarantees have been made to you, except as set out in this Agreement. This Agreement and the relationship between you and the Indy Racing League shall be governed by the laws of the State of Indiana without regard to any conflict of law provisions of any State. You and the Indy Racing League agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, in the event of any dispute arising under this Agreement, and waive any future right to object to such jurisdiction and venue.
The failure of the Indy Racing League to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement shall remain in full force and effect. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of this Agreement. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. This Agreement shall not be construed against any party by reason of its preparation. The provisions of Sections 7 and 8 of this Agreement are for the benefit of the Indy Racing League Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. The provisions of this Agreement which by their nature extend beyond the termination of this Agreement shall survive termination of this Agreement, including but not limited to those set forth in Sections 2, 3, 4, 5, 6, and 7.
You shall have no right to assign all or any part of this Agreement, and any attempt to do so shall be void. The Indy Racing League shall have the right to assign this Agreement and to sublicense any and all of its rights under this Agreement. This Agreement, including any documents referenced herein and any additional operating rules as posted on the Discussion Forum represents the entire understanding between you and the Indy Racing League regarding your relationship with the Indy Racing League and your use of the Discussion Forum. This Agreement supersedes all previous written or oral agreements between you and the Indy Racing League with respect to such subject matter. Notwithstanding any provisions of this Agreement, the Indy Racing League has available all remedies at law or equity to enforce this Agreement. BY USING THE DISCUSSION FORUM YOU AGREE TO BE BOUND BY THIS AGREEMENT.
8. Notices
Where required, the Indy Racing League may give notice to you by a general posting on the Discussion Forum, by electronic mail, or by conventional mail to your address contained in the participant information. You may give notice to the Indy Racing League by electronic mail or by conventional mail to the address below. If you have any questions about this Agreement, the practices of the Discussion Forum, or your dealings with the Indy Racing League , please e-mail or write to:
Indy Racing League, LLC
4565 West 16th Street
Indianapolis, IN 46222
Attn: ___________________
e-mail: __________________