Terms and Conditions
OVERVIEW OF THE PROGRAM
The OFFICIAL NASCAR® MEMBERS CLUB (SM) program (the "Club" or the "Program") is offered by NMP, LLC (the "Company") to permit members of the Club ("Members") the opportunity to get closer to the sport of stock car racing, the drivers, the teams, the industry product and service providers, and other "hardcore" fans of NASCAR® racing. Members have the opportunity to take advantage of benefits and rewards offered through the Program from the Company and its participating Program sponsors, licensors, affiliates, partners and service providers, including, but not limited to, the National Association for Stock Car Auto Racing, Inc. ("NASCAR") and the NASCAR® drivers, teams and tracks (together, "Associates").
PARTICIPATION IN THE PROGRAM
In order to participate in the Program, individuals must be thirteen (13) years of age or older and a resident of the U.S., Puerto Rico, the U.S. Virgin Islands or Canada. However, persons who are under eighteen (18) years of age must have an adult register them for the Program with a gift membership. Please be advised certain Club experiences are only available to individuals eighteen (18) years of age or older. If you do not qualify, please do not attempt to participate. In order to participate, an individual must be a Member in good standing. The Program is void where prohibited or restricted by law. The Program is intended to be suitable for all ages. However, the Program reserves the right to limit the access of minor Members to certain rights, benefits, offerings or privileges of the Program which the Company deems unsuitable to minors or in order to comply with applicable law. To participate, you must complete an application. You may be required to enter your first and last name, a login name, password, date of birth (DOB), mailing and e-mail addresses, telephone number, country of residence, password hint, display name, gender, and favorite driver. If the Company accepts your application to become a Member and upon receipt of the membership dues described below, the Company will establish an account in your name ("Account"). Individuals may only become involved as Members in their own name and may not transfer any benefits or rights under the Program to other parties. Members may not represent or act as a proxy for other Members or other parties, except for adults registering minors as members. Membership is personal to the Member and is not transferable to any other person or entity. Members are responsible for all use of their Accounts (under any screen name or password) and for ensuring that all use of their Account complies fully with these Terms and Conditions. Members shall be responsible for protecting the confidentiality of their password(s), if any. Each Member is responsible for ensuring that the information in his or her Account is accurate and is kept current.
Participation in the Program may be conditioned upon payment by Members of program dues, service charges, and other fees and expenses, in the sole discretion of the Company. Unless otherwise specified by the Company, such dues and other amounts may only be paid by credit card.
If a person elects to join the Club on an annual basis, membership in the Club is valid for a term of one (1) year only and requires payment, each year, of the annual, non-refundable membership dues. Each membership must be properly renewed by the Member each year in order to maintain the membership in force. The Company will send Members an annual renewal notice thirty (30) days prior to the expiration of their current membership term. Except where prohibited by applicable law, the Company will automatically renew the membership and charge the Member's credit card of record for the annual membership fee unless the Member notifies the Company prior to the exercise of the membership term that the Member does not wish to renew their membership. If the Company cannot obtain credit card authorization when renewing the membership, the applicable Member's membership will not be renewed and such Member must re-apply for a new membership. Gift memberships will not be automatically renewed, but a renewal notice for gift memberships will be sent to both the person who gave the gift membership and the Member.
If a person elects to join the Club on a monthly basis, membership in the Club is valid on a month to month basis and requires payment, each month, of the monthly, non-refundable membership dues. Except where prohibited by applicable law, the Company will automatically renew the membership and charge the Member's credit card of record for the monthly membership fee unless the Member notifies the Company by calling 1-877-696-2722 prior to the expiration of the current monthly term that the Member does not wish to renew their monthly membership. After a Member has enrolled and paid at least one monthly payment, in the event the Company cannot obtain a valid card for a subsequent monthly dues payment, the Company (or its designated collections agency) will try to obtain such payment from the applicable Member for a period of thirty (30) days (during which period the Member shall remain enrolled in the Club). If no payment is obtained after the expiration of such thirty (30) day period, such Member's membership shall automatically be terminated. Gift monthly memberships will only be valid for one (1) year, but a renewal notice for gift monthly memberships will be sent prior to the expiration of such one (1) year period to both the person who gave the gift membership and the Member.
The Company may occasionally offer promotional free provisional memberships to persons that sign up for a free provisional membership. Except where prohibited by applicable law, such provisional membership will be automatically renewed at the applicable normal annual membership rate at the end of the provisional period, unless such persons cancel at least forty-eight (48) hours (or such longer period of time as specified by the Company in writing in the particular offer) before the end of the provisional period. Only one (1) free provisional membership is allowed per person. Subsequent enrollments do not qualify for free provisional review periods.
The Company may offer coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term. By enrolling pursuant to any such offer, such Members will be responsible for all payments as specified in the offer, and agree that the Company may adjust the pricing of such plans, as specified in the applicable offer, promotional materials or coupon, without further notice or other communication to such Members.
The Company may occasionally piggyback other free offers with the free provisional offer. Persons enrolling in the Club pursuant to such offers must actually complete the free provisional review and be charged one time before they are eligible to receive the additional free offer.
Credit Card Authorization
Each Member is responsible for paying the periodic dues specified above, and hereby authorizes the Company to charge the Member's credit card to pay for the dues (according to the terms set forth above) via automatic debit. Each Member acknowledges and agrees that the authorization to charge the Member's credit card for services shall automatically transfer to any successors or assigns of the Company for substantially similar services to those offered by the Club. A Member may not assign or transfer his or her membership to any other person or entity. Each member further agrees to complete, and assent to the terms of, the Company's then current credit card authorization form.
When cancellation of membership is requested by a Member, there is no refund for any unused portion of the current membership (except where required by applicable law). A Member must call the Company at 1-877-696-2722 to request a cancellation of his or her membership; provided, as set forth above, a Member enrolled on a monthly basis must cancel his or her membership seven (7) days prior to the expiration of the current monthly term in order to avoid being charged the next month's dues.
Any Member who chooses to participate in a VIP Experience through the VIP Reservation Allocation System or by calling the Company, will no longer be eligible for a refund after the experience date even if the Member is within the refundable time period of the membership.
Consent To Terms
Participation in the Program constitutes each Member's full and unconditional agreement to these Terms and Conditions, as well as: (a) to any user agreements, terms and conditions, or other documents pertaining to the Company's web sites, (b) any Member or other guides distributed by the Company, and (c) any other rules, guides, terms or policies designated by the Company from time-to-time pertaining to the Program (including the terms of trial membership offers and other promotional membership offers), all of which are deemed incorporated into these Terms and Conditions. Participation in the Program is contingent upon the Member's compliance with these Terms and Conditions. Members who do not comply with these Terms and Conditions may be prohibited from participating in the Program.
Use Of Information
The Company will not be liable or responsible in any manner for any tax consequences which may result from a Member's participation in the Program. Each Member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such Member's participation in the Program.
Conduct of Members
The Company reserves the right to discontinue the membership of any Member who, as determined in the sole discretion of the Company, (i) uses the Program for improper, deceitful or unethical purposes or in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances or (ii) acts (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten, or harass the Company, other Members, NASCAR, Inc.` or any other party, or (c) in any other disruptive manner. Discontinued membership or participation may result in the loss of all benefits and privileges. A Member terminated in this manner shall not be entitled to a refund of their membership fee (except where required by applicable law). In addition to discontinuance of Program membership or participation, the Company shall have the right to take appropriate administrative and legal action, including criminal prosecution, as it deems necessary in its sole discretion.
No Member shall attempt, directly or indirectly, to undermine, disrupt, hinder, or interfere with the proper operation of the Program in any manner whatsoever.
Membership and its privileges are for lawful purposes only. Any conduct by a Member that, in the Company's discretion, restricts or inhibits any other Member from using or enjoying the Program will not be permitted. Member shall not use membership in the Program to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Program. The Company shall have the right, but not the obligation, to monitor Members Program-related activities, including chat rooms and forums, attendance at races or other events sponsored by the Company and other participation in the Program, to determine compliance with these terms and Conditions Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on its Program web site. Should a Member violate these or other valid restrictions, the Company reserves the right, in addition to termination of privileges as set forth herein, to seek damages and other remedies from any such person to the fullest extent permitted by law. The Company's failure to enforce any of these Terms and Conditions shall not constitute a waiver of that, or any other, provision.
All questions or disputes regarding an individual's eligibility for the Program or a Member's compliance with these Terms and Conditions will be resolved by the Company in its sole discretion.
Modification and Termination of the Program
The Company may modify any of the terms and conditions governing the Program - including, but not limited to, Program eligibility requirements, application and enrollment procedures, applicable Member dues or charges, applicable Member benefits or privileges, the identity of the Associates, these Terms and Conditions, and any other applicable rules, guides, terms, or policies pertaining to the Program (including, without limitation, the Program Guides) - at any time, with or without notice (except where required by applicable law), even though these changes may affect a Member's status or other rights, benefits, or privileges under the Program. The Program has no predetermined termination date and may continue until such time as the Company decides to terminate the Program. The Company may terminate the Program at any time, with notice to the Member using his or her current contact information on file under his or her Account with the Company.
A Member's continued participation in the Program constitutes that individual's acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that the Company may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Company's web sites pertaining to the Program and will supersede all previous versions of these Terms and Conditions.
DISCLAIMERS; LIMITATIONS; INDEMNIFICATION. MEMBERS EXPRESSLY ACKNOWLEDGE THAT THE PROGRAM AND ALL ASSOCIATED WEB SITES AND MATERIALS ARE PROVIDED "AS IS," WITH EACH MEMBER PARTICIPATING AT HIS OR HER OWN RISK, AND THE COMPANY EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS ASSOCIATES AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY'S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS, ANY OTHER WARRANTIES REGARDING THE PROGRAM, THE ADMINISTRATION OF THE PROGRAM BY THE COMPANY, THE INVOLVEMENT OF ASSOCIATES, AND THE PARTICIPATION OR INABILITY TO PARTICIPATE OF MEMBERS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY TRADE USAGE OR COURSE OF PERFORMANCE. ALL MEMBERSHIP DUES ARE NON-REFUNDABLE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, OTHER ASSOCIATES, AND NASCAR, INC. SPECIFICALLY DO NOT WARRANT OR REPRESENT THAT THE OPERATION OF OR ACCESS TO THE PROGRAM OR ANY ASSOCIATED WEB SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ADEQUATE SECURITY MEASURES WILL BE IN PLACE TO PREVENT UNAUTHORIZED ACCESS TO INFORMATION OR OTHER TORTIOUS CONDUCT BY THIRD PARTIES, THAT PROGRAM ERRORS WILL BE CORRECTED, THAT PROGRAM INFORMATION IS CURRENT, RELIABLE OR ACCURATE, OR THAT ANY PARTICULAR PRIVILEGES OR BENEFITS GRANTED TO ANY MEMBER WILL BE DELIVERED OR HAVE ANY PARTICULAR VALUE. THE COMPANY, OTHER ASSOCIATES, AND NASCAR, INC. ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AUTHORIZED OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ORDERS. THE COMPANY, OTHER ASSOCIATES, AND NASCAR, INC. ARE NOT RESPONSIBLE FOR ANY PROBLEMS, ERRORS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR ANY FAILURE OF E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A MEMBER'S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN THIS PROGRAM.
MEMBERS FURTHER ACKNOWLEDGE THAT THEIR PARTICIPATION IN THE PROGRAM MAY INVOLVE ATTENDANCE AT RACE EVENTS, ADMITTANCE TO TRACK AREAS, AND OTHER MEETINGS AND EVENTS, AND THAT NEITHER THE COMPANY, THE ASSOCIATES NOR NASCAR, INC. SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH ANY SUCH ATTENDANCE (OR INABILITY TO ATTEND) OR ADMITTANCE OR ANY PROPERTY DAMAGE, PERSONAL INJURY (UP TO AND INCLUDING DEATH), OR OTHER DAMAGE, COST OR EXPENSE THAT MAY BE INCURRED OR SUFFERED BY ANY SUCH MEMBER IN CONNECTION THEREWITH.
BY PARTICIPATING IN THE PROGRAM, EACH MEMBER ACCEPTS ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFIES AND HOLDS HARMLESS THE COMPANY, THE CLUB AND THE ASSOCIATES, AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY'S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS (THE "RELEASED PARTIES"), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY THAT MAY ARISE EITHER DIRECTLY OR INDIRECTLY FROM ACTIONS TAKEN BY SUCH MEMBER, SUCH MEMBER'S PARTICIPATION (OR INABILITY TO PARTICIPATE) IN THE PROGRAM IN ANY MANNER OR RECEIPT OR USE OF (OR LACK OF RECEIPT OF) ANY BENEFIT, OR PRIVILEGE PERTAINING THERETO, SUCH MEMBER'S ATTENDANCE AT (OR INABILITY TO ATTEND) ANY PROGRAM EVENTS OR OTHERWISE ARISING FROM THE PROGRAM, FOR ANY ACTIONS OR OMISSIONS BY THE COMPANY, OR FOR ANY TORTIOUS ACTS BY ANY THIRD PARTY. MEMBERS ACKNOWLEDGE THAT THE COMPANY'S PROVISION OF THE PROGRAM UNDER THESE TERMS AND CONDITIONS, INCLUDING THE AMOUNT OF ANY DUES CHARGED, IS BASED ON THE EXPECTATION THAT THE RISK OF ANY LOSS, INJURY OR DAMAGE THAT MIGHT BE INCURRED IN CONNECTION WITH THE PROGRAM WILL BE BORNE BY THE MEMBERS THEMSELVES AND NOT BY THE COMPANY OR THE RELEASED PARTIES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE PROGRAM IN ANY MANNER, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. MEMBERS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE PROGRAM IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
IF, NOTWITHSTANDING THE ABOVE LIMITATIONS, MONETARY LIABILITY IS IMPOSED BY A COURT OF COMPETENT JURISDICTION ON THE COMPANY OR THE RELEASED PARTIES, MEMBERS AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY'S OR THE RELEASED PARTIES' LIABILITY TO A MEMBER OR ANY OTHER PARTY EXCEED THE LESSER OF ACTUAL DAMAGES OR $100.
EACH LIMITATION OF DAMAGES, DISCLAIMER OF WARRANTIES, OR LIMITATION OF REMEDIES SET FORTH HEREIN IS SEVERABLE AND INDEPENDENT, AND SHALL BE ENFORCED INDEPENDENTLY OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, EACH MEMBER HEREBY EXPRESSLY AND SPECIFICALLY AGREES THAT, ALTHOUGH THE COMPANY IS AUTHORIZED UNDER LICENSE TO UTILIZE CERTAIN TRADEMARKS OF THE NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, INC. (also known as NASCAR, INC.) IN CONNECTION WITH THE PROGRAM, NASCAR, INC. IS A TRADEMARK LICENSOR ONLY, IS NOT INVOLVED IN THE PROGRAM, DOES NOT INSURE OR GUARANTEE THE PROGRAM IN ANY CAPACITY, AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY ASPECT OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE COMPLIANCE OF THE PROGRAM'S TERMS AND CONDITIONS WITH APPLICABLE LAWS AND REGULATIONS. ANY REVIEW OR INSPECTION BY NASCAR, INC. OF ANY PROGRAM MATERIALS IS FOR THE SOLE PURPOSE OF ENSURING THAT ALL USE OF NASCAR, INC.'S TRADEMARKS IS CONSISTENT WITH, AND DOES NOT JEOPARDIZE, NASCAR, INC.'S GOODWILL AND OWNERSHIP RIGHTS IN SUCH TRADEMARKS. EACH MEMBER HEREBY AGREES TO RELEASE AND HOLD NASCAR, INC., AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE PROGRAM, OR FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PROGRAM BENEFIT OR PRIVILEGE. UNDER NO CIRCUMSTANCES SHALL NASCAR, INC. OR ITS RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND REPRESENTATIVES OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (1) YOUR PARTICIPATION IN THE PROGRAM, (2) YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE ANY PROGRAM BENEFIT OR PRIVILEGE, OR (3) ANY FAILURE, DELAY, OR DECISION BY THE COMPANY IN ADMINISTERING THIS PROGRAM.
Except where prohibited by applicable law, by participating in the Program, you allow the Company, NASCAR, Inc. and their respective affiliated companies, and any of their respective sponsors or co-promotional partners, to use your name, photograph and likeness, and any postings you may make on web sites, for advertising or promotional purposes, including online announcements. For example, and not by way of limitation, photographs taken at competitive events or in connection with members-only events or promotions might be used to promote the Program or an Associate's services, products or benefits. You grant permission for any such use anywhere in the world and in any medium, without qualification or reservation of any rights and without the requirement of payment of any compensation to you or your family, except where prohibited by law.
Program materials and web sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents thereof are copyrighted as a collective work under the United States copyright laws. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law and other applicable law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that Member does not acquire any ownership rights by downloading copyrighted material.
Members shall not upload, post or otherwise make available on the Company's web sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Members. A Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Company's web site, a Member automatically grants, or warrants that the owner of such material has expressly granted the Company and NASCAR, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Each Member also permits any other Member to access, view, store or reproduce the material for that Member's personal use. Each Member hereby grants the Company and NASCAR, Inc. the right to edit, copy, publish and distribute any material made available on the Company's web site by such Member.
The foregoing provisions are for the benefit of the Company, NASCAR, Inc. and each of their respective subsidiaries, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
NASCAR® and OFFICIAL NASCAR® MEMBERS CLUB(SM), and each of their logos are trademarks or service marks of the National Association for Stock Car Auto Racing, Inc. All rights reserved. All other trademarks and service marks appearing on the Company's materials or web site are the property of their respective owners.
Member Promotions and Offers
General. The Company may offer certain promotions (including, without limitation, member experiences and other promotional prizes, items and giveaways) to Club Members from time to time in the Company's sole and absolute discretion. Such offers shall be subject to the terms and conditions established by the Company with respect to such offers, and any Club Members participating in any such offers agree to be bound by such terms and conditions. Club Members acknowledge that the Company may, subject to applicable law and the terms and conditions of the applicable promotional offer, allocate such member experiences and other promotional prizes, items and giveaways in its sole and absolute discretion (including, without limitation, by random drawing or contest, or on a first-come first-serve or seniority basis).
The Program is controlled and operated by the Company from its offices in Charlotte, North Carolina. These Terms and Conditions and all other incorporated Program documentation shall be construed in accordance with the North Carolina law, without regard to any conflict of laws provisions, and shall constitute the complete and exclusive statement of the agreement of the parties with respect to the Program.
Any dispute arising in connection with the Program or these Terms and Conditions shall be resolved exclusively by the state and federal courts located in Charlotte, North Carolina.
These Terms and Conditions are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law.
No failure or delay by the Company in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by the Company must be embodied in a written document signed by the Company.
By participating in the Club Cash program or ordering or accepting any reward, you allow ONMC, the Company and NASCAR, Inc. and their respective providers and affiliated companies, and any of their respective sponsors or co-promotional partners, to use your name, photograph and likeness, and any postings you may make on websites (including, without limitation, the NASCAR.COM website), for advertising or promotional purposes, including online announcements. For example, and not by way of limitation, photographs taken at competitive events or in connection with Club Cash rewards, events or promotions, might be used to promote the Club Cash program or products or benefits of ONMC. You grant permission for any such use anywhere in the world and in any medium, without qualification or reservation of any rights and without the requirement of payment of any compensation to you or your family, except where prohibited by law.
Fraud or abuse relating to the accrual of Club Cash or the ordering process may result in the forfeiture of your Club Cash and/or right to the reward, as well as the termination of your account and your right to participate in the Club Cash program. You are solely responsible for any fraudulent use of your Club Cash or your account that could occur due to theft or sharing of your password.
We are not responsible for any incorrect or inaccurate information or entry of information, whether caused by ONMC Site users or by any of the equipment or programming associated with or utilized in the Club Cash program or by any technical or human error which may occur in the processing of orders. If any provision of these Club Cash Terms and Conditions is found invalid or unenforceable, that provision shall be modified or eliminated to the minimum extent necessary, and the other provisions herein shall remain in full force and effect. Any failure to follow these Club Cash Terms and Conditions or the ONCM site Terms and Conditions may result in the termination of your account and any further participation in the Club Cash program, the forfeiture of all allocated Club Cash, and/or the forfeiture of your right to any reward.
We may prohibit you from participating in the Club Cash program or any future promotion if, at our sole discretion, you (i) have tampered with the order process or the operation of the Club Cash program or undermined, disrupted, hindered or interfered with the proper operation of the Club Cash program in any manner whatsoever, (ii) act (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten or harass the ONMC, the Company, or any other party, or (c) in any other disruptive manner, (iii) use the Club Cash program for improper, deceitful or unethical purposes or in a manner inconsistent with these Club Cash Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances. Discontinued participation may result in the loss of all allocated, benefits and privileges. In addition to discontinuance of Club Cash program participation, we reserve the right to take appropriate administrative and legal action, including, without limitation, the right to seek damages and other remedies from any person to the fullest extent permitted by law and to seek criminal prosecution, as it deems necessary in its sole discretion. Our failure to enforce any of these Club Cash Terms and Conditions shall not constitute a waiver of its rights or provision hereof.
We may modify any of these Club Cash Terms and Conditions - including, but not limited to, Club Cash program eligibility requirements, application and enrollment procedures, applicable fees or charges, applicable benefits or privileges, the methods through which Club Cash can be allocated, how Club Cash can be used, the value of Club Cash, the conditions under which Club Cash may be forfeited, the content and availability of rewards, these Club Cash terms and conditions, and any other applicable rules, guides, terms or policies pertaining to the Club Cash programs - at any time, with or without notice, even though these changes may affect your status, ability to use the Club Cash that you have already earned or other rights, benefits or privileges under the Club Cash program.
The Club Cash program has no predetermined termination date and may continue until such time as ONMC decides to terminate the Club Cash program. ONMC may terminate the Club Cash program at any time, with notice to you using your current contact information on file under your account. You will have three (3) months from the date any Club Cash program termination is announced to use Club Cash. Any Club Cash that is remaining in your account at the expiration of such period will be forfeited and no compensation will be provided therefore.
Your continued participation in the Club Cash program constitutes your acceptance of any changes to these Club Cash Terms and Conditions. You are responsible for remaining knowledgeable as to any changes that ONMC may make to these Club Cash Terms and Conditions.
IT IS THE EXPRESS INTENT OF THE PARTIES THAT THESE TERMS AND CONDITIONS, AND ALL RELATED DOCUMENTS HAVE BEEN DRAWN UP IN ENGLISH. C'EST LA VOLONTÉ EXPRESSE DES PARTIES QUE LA PRÉSENTE CONVENTION AINSI QUE LES DOCUMENTS QUI S'Y RATTACHENT SOIENT RÉDIGÉS EN ANGLAIS.