Last Modified: January 1, 2014
Welcome to the Internet website (the “Site”) of Homestead-Miami Speedway, LLC (“HMS”, “we", "us", or "our"). PLEASE REVIEW THE FOLLOWING TERMS THAT GOVERN YOUR USE OF THIS SITE.
ACCEPTANCE OF TERMS THROUGH USE
The Site is provided as a service to our customers and may be used for informational purposes only. We make no representations about the suitability of the Site for any other purpose.
CLASS ACTION WAIVER
Each party agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action.
The Site and the Contents are intended solely for your personal, informational, non-commercial and entertainment use. You may copy or download the Contents for your personal use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to any Contents, (iii) you do not use any Contents materials in a manner that suggests an association with HMS or any event, product, service, or brand, and (iv) you do not download quantities of Contents to a database that can be used to avoid future downloads from the Site. Otherwise, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without HMS’ prior written consent. Any use of the Contents on any non-HMS Site or computer environment is strictly prohibited. In the event you download software from the Site, the software, including any files, images, or data accompanying, incorporated in or generated by the software (collectively, the "Software"), are licensed to you for your personal, noncommercial use only. HMS does not transfer title to the Software or any other materials on the Site to you. You may not redistribute, sell, de-compile, reverse engineer, disassemble, modify, or otherwise reduce the Software to a human-readable form. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by HMS to do so. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. HMS reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from HMS.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE AND THE CONTENTS, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HMS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. HMS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE 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.
Goods or services neither manufactured nor rendered by HMS are the sole responsibility of the manufacturer or provider of those goods or services. HMS disclaims all warranties and responsibility for those goods and services. The Site may contain links to websites controlled by parties other than HMS. 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 Site does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. 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 HMS or any HMS parent, subsidiaries, limited liability or affiliate companies with respect to such sites and third-party content.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HMS 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, THE 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 ISC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
REGISTRATION AND ACCOUNT SECURITY
To the extent applicable at the HMS Site, in order to become a member at the Site, you may be required to register for a Site account (“Account”). If you choose to register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. You acknowledge and agree that HMS will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive important information and updates about the Site. If HMS has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, HMS may suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof) by you.
HMS makes no representation that the Site or the Contents are appropriate or available for use in locations outside the United States. If you use the Site or 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.
CHOICE OF LAW AND FORUM
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, HMS property. No Submission shall be subject to any obligation of confidence on HMS’ part and HMS shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, HMS 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 HMS and its parent, subsidiaries, and affiliates and their 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 HMS will not infringe or violate the rights of any third party.
The Site may offer opportunities for users to submit and post their own user content (collectively, "User Materials") in connection with various Site features, including posting to blogs, communicating with other Site users and posting comments to discussion forums (each, a "Community Feature"). The selection of available Community Features may change from time to time in the sole discretion of HMS.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with The Site, whether solicited or unsolicited, you are granting HMS a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. HMS also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become the unrestricted licensed property of HMS.
You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by HMS will not infringe or violate the rights of any third party in any manner.
HMS may at its own discretion monitor and prescreen User Materials, and while HMS and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms or is otherwise objectionable, you agree to be responsible for, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials.
In your use of any Community Feature, you agree, without limitation, not to upload, transmit, distribute or otherwise publish in any form any User Material that is:
You acknowledge that HMS is not responsible for any User Material posted in any Community Feature or otherwise available at or through The Site, including, without limitation, comments made by a Friend about prospective purchases. HMS is merely providing access to such Community Features and User Materials as a service to you to be used in accordance with these Terms. You may only use the Community Features in a personal, noncommercial manner. With respect to any User Materials posted by other users, you acknowledge and agree that such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy and truthfulness of any such User Materials. HMS has no control over whether such User Materials are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, HMS expressly disclaims any responsibility for User Materials. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment and caution in using User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any User Materials that you access or use.
HMS reserves the right, but not the obligation, to monitor, edit and/or remove any User Materials deemed inconsistent with these Terms or our policies. HMS also reserves the right to terminate your Account if you violate any of these Terms or our policies, as determined in our sole discretion.
If you are aware of any User Material on The Site which violates these Terms, please contact us by using the email support function at the Website. Please provide as much detail as possible, including a copy of the underlying material, the location where HMS may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, HMS will only remove User Materials if HMS believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Infringement Claims." Although HMS may attempt to monitor User Materials, in no event does HMS assume any particular obligation to do so or any liability for failing to either monitor any Community Feature or remove specific User Materials.
HMS respects the rights of all copyright holders and in this regard HMS has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Site in a way that constitutes copyright infringement, please provide HMS’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
HMS’ Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached by email to: email@example.com or in writing to Agent for Copyright Claims, One Speedway Blvd., Homestead, FL 33035.
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.
RISK OF LOSS
All items purchased from the Site 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.
SEVERABILITY AND INTEGRATION
HMS may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time with or without notice to you. You agree that HMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You may terminate your use of the Site at any time. HMS reserves the right, in its sole discretion, to terminate your access and license to all or part of the Site at any time with or without notice.
The Application may contain links to third-party websites or resources, including without limitation various social media websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; or (iii) any content or information you provide or disclose to such websites or resources. Links to such websites or resources do not imply any endorsement by Homestead-Miami Speedway of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACK AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPLICATION; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRACK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Homestead-Miami Speedway to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Application will be brought solely in Volusia County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
We may revise these Terms from time to time, the most current version will always be available to you at Homestead-Miami Speedway/TOS. By continuing to access or use the Application after those revisions become effective, you agree to be bound by the revised Terms.
This Application is operated and provided by Homestead-Miami Speedway. If you have any questions about these Terms, please contact us at firstname.lastname@example.org
Effective: June 11, 2012