The following constitutes an agreement between you and Left Turn Marketing, Inc. (either “we” or “us”) governing your use of the RacingIn.com web site (the “Site”). Use of the Site constitutes your acceptance of and agreement to these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR APPLY FOR A MEMBERSHIP PROFILE.
 
The Site is owned and operated by Left Turn Marketing, Inc., an Illinois corporation. This Site provides users with localized racing information about tracks, racers, and racing fans. For users who register on the Site as Members, the Site provides the ability to post comments on message boards and interact with other Members within the Site. For Members who create a membership profile, enhanced profile pages are added where race fans, racers, and tracks can post and personally edit more indepth information about themselves, post pictures, and links to their personal web sites. For racers and track owners, the Site provides a nationwide directory for racing fans to find and learn about local tracks and racers (collectively the “Service”). We may change or discontinue the Site or Service or any feature of it at any time and without notice. 
 
We have the right to take any and all action we deem necessary to ensure the integrity of the Site, Services and your membership account, including but not limited to terminating your account, changing your password, or requesting additional information in order to access your account. In no event and under no circumstance will we be liable to you for any liability or damages resulting or arising from any action or inaction on our part under this provision, any compromise of the confidentiality of your account or password, or any unauthorized access to your account or use of your password.
 
1.         Prohibited Conduct. 
 
You may only use the Site and Service for lawful purposes and only as it we intend as expressed in these Terms of Use. This Site or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited by Members for any commercial purposes without the express written consent of Left Turn Marketing, Inc. Fan Members may not use the Site for any commercial purpose. 
 
The following rules are not exhaustive and we may revoke your access to the Site and Service at any time for any violation of the following rules:
 
You may not submit or transmit through the Site or Service any material or engage in conduct that:
 
  • Violates or infringes the rights of others including intellectual property rights;
  • Impersonates any person, business or entity, including us;
  • Contains a virus or worm or permits the unauthorized use of a computer or network;
  • Encourages conduct that would constitute a criminal offense or creates civil liability;
  • Interferes with the operation of the Site or any Member’s use of the Site;
  • Uses a robot, spider or other device or process to monitor the activity on or copy content from the Site;
  • Uses any metatags, search terms, key terms, or the like that contains the Site name, Left Turn Marketing, Inc. or any of its trademarks or service marks;
  • Transmits, directly or indirectly, any unsolicited bulk communications (including email and instant messaging) or collects information on Members or Site users for the purpose of sending unsolicited bulk communications;
  • Embeds any page of the Site in “frames” running from other web sites;
  • Creates member accounts by automated means or under false or fraudulent pretenses;
  • Mirrors the Site or Service on any other web site or server;
  • Falsely expresses or implies that content you submit is sponsored or endorsed by us.
 
2.         Use of the Site.
 
We grant you the limited, revocable license to access and use the Site and Service for its intended purposes, subject to your compliance with these Terms of Use. This does not include the right to collect or use information contained on the Site for purposes we prohibit, or to compete with us, or make any reproductions or adaptations of content in the Site. If your use of the Site goes beyond the scope of what is authorized in these Terms of Use, we may revoke your license (with or without notice) to use the Site. We otherwise also reserve the right to terminate your account with us and your access to the Site at any time and without notice. 
 
You are solely responsible for the content of your postings including, but not limited to, all data, text, logos, sounds, images, photos, and links.  Your postings must not violate or infringe on the rights of others, contain defamatory, hateful, abusive, profane or sexually offensive language or include advertising to site users for any purpose.  You cannot create postings or use the Service for any unauthorized or illegal purpose.  You cannot use the Service to distribute, list, promote, or share third-party content without proper written authorization from the owner(s) of such content. 
 
When you visit the Site, use the Service, or contact us by other means, you consent to receive communications from us by email including promotional communications, alerts, and newsletter-type communications about racing, race fans, race tracks and race drivers.
 
3.         Editing and Deleting Content. 
 
We reserve the right in our sole discretion to remove any content in Member postings, whether or not we discover a violation of these terms or receive a notice and take down request pursuant to the Digital Millennium Copyright Act. We may store your postings and disclose them, if required by proper authorities, to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to third-party claims; and (d) protect the rights, property, or personal safety of Members, Left Turn Marketing, Inc., Site users and the public. If you believe a posting in the Site contains material that infringes your copyright and want the material to be removed from the Site, you must send written and signed notification in accordance with §512(c)(3) of the Copyright Act to the Site’s designated agent at: 
 
DMCA Notices
Left Turn Marketing, Inc.
2715 Pennyroyal Circle
Naperville, IL 60564
Email: info@racingin.com, Subject Line: DMCA Notices
Any person who intentionally misrepresents that a Member posting or activity on this Site is infringing may be subject to liability under §512(f) of the Copyright Act.
 
4.         Linking. 
 
Driver and Track Members may link from the Site to their own site and/or blog. We may include links in the Site to other web sites. You acknowledge that we have no control or liability for the content on any linked site or blog.
 
5.         Indemnification
 
You agree to indemnify, defend and hold us and our officers, directors, employees, agents and advertisers, harmless from any and all liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms of Use or any local or federal laws or regulations or for anything that others do in reliance on your postings. You accept full responsibility for complying with applicable laws and regulations. We reserve the right, at our 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 us in asserting any available defenses.
 
6.         Disclaimer of Warranties
 
TO THE EXTENT PERMITTED BY APPLICALBE LAW, THE SITE AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, OR THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED BY OR OBTAINED THROUGH THE SITE OR SERVICE HAS BEEN VERIFIED AND WE DO NOT WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. WE DO NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIM LIABILITY FOR, ANY PRODUCT, MANUFACTURER AND SERVICE MENTIONED IN THE SITE AND ADVERTISING THAT APPEARS IN THE SITE.
 
7.         Limitation of Liability
 
In no event shall we or any of our officers, directors, employees, agents and advertisers be liable for any special, indirect, consequential damages or exemplary damages resulting from your use of the Services, the Site, gift cards or inability to use any of them. These exclusions apply to any claims for lost data, profits or goodwill or any other damages or losses, even if we knew or should have known of the possibility of such damages. In some states we may not exclude or limit our liability for consequential, incidental, or special damages. If the foregoing limitations are unenforceable, you agree that our liability to you under these terms shall not exceed TEN DOLLARS ($10.00).
 
8.         Intellectual Property.
 
We own or license all copyrights in and to the content, designs, information, text, software, code, data, images and materials displayed on, or used in connection with, the Site and Service. By making any content available through the Site, we do not grant any license or other authorization to copy, use, reproduce, perform, display, or distribute material protected by copyright or other intellectual property, except as provided in this agreement. We do not claim ownership in any content, information, or materials that you submit to us or post on the Site or within the Service. But by submitting or posting such material, you automatically grant us an irrevocable, perpetual, royalty-free, non-exclusive license, to use, reproduce, display, syndicate, share, adapt, modify, display, publish, perform, distribute and store such material, and to prepare derivative works from such material. For Members who are race drivers (“Driver Members”), the information you submit about yourself will be contained in our national database of drivers and you also authorize us to use your name, voice, photos that you post on the Site to promote the Site in all media including within the Site.
 
9.         Dispute Resolution
 
This agreement and any claim or dispute that you may have with us shall be governed by Illinois law without regard to conflict of law provisions. You agree that any disputes or claims that you may have against us will be submitted to confidential arbitration in Dupage County, Illinois before a single arbitrator in accordance with the commercial rules of the American Arbitration Association, except that if you have in any manner violated or threatened to violate our intellectual property rights or your obligations with respect to our confidential information, we may file an action seeking injunctive relief in any court of competent jurisdiction and you consent to the person jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the Circuit Court for the Eighteenth Judicial Circuit in Wheaton, Illinois and the U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago. The arbitrator’s award shall be final, binding and conclusive except that it may be appealed pursuant to the Federal Arbitration Act. The arbitrator’s decision shall be in writing supported by written findings of fact and conclusions which shall set forth the award and may be entered as a judgment in any court of competent jurisdiction. In rendering the decision, the arbitrator shall follow Illinois law and not use equitable principles which would permit the arbitrator to ignore this agreement or the law. Any award is subject to all dollar and other limitations in this agreement. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to one involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to use of the Site or Service or this agreement must be brought within one (1) year after such claim or cause of action accrues or it shall be forever barred.   
 
10.      Miscellaneous.
 
Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The failure to enforce any of these terms shall not be deemed a waiver of such provision nor the right to enforce such terms. We reserve the right to change these Terms of Use at any time without notice.   
 
© 2008 Left Turn Marketing, Inc. All Rights Reserved.