1. INTRODUCTION AND ACCEPTANCE
2. COPYRIGHT NOTICES
(A) Copyright 2022 Andretti Autosport Holding Company, LLC® All rights reserved.
(B) Unless otherwise specified, the Services and their content are owned by Andretti Group and/or third-party licensors (collectively, “Andretti Licensor Group”) and are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The content of the Services, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Andretti Group except that you may download, display, or print one copy of the material on any single computer solely for your personal, non-commercial or home use provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Andretti Licensor Group’s copyrights and other proprietary rights. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Andretti Licensor Group.
(A) All trademarks, logos, service marks and trade names are proprietary to Andretti Group.
(B) Certain of the other trademarks used in connection with the Services belong to their respective owners.
4. ACCESS AND/OR USE
(A) You represent and warrant that you:
(i) have not previously been suspended or removed from the Services or from any other offerings by us;
(iii) that you understand that the access and/or use of the Services is at your own risk.
The Service and their content may not be appropriate or functional for access and/or use outside the United States of America. Users located outside the United States access and/or use the Services understanding this limitation.
(B) We may offer certain portions of our Services at no charge (e.g., websites) and others (e.g., mobile applications) for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to access and/or use our Services. In addition, the license to access and/or use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers). For example, unless we specifically tell you otherwise, the access and/or use of any of our mobile applications is limited to the relevant device and/or operating system you are using at the time you purchase the license to access and/or use the application.
(C) Our Services are provided for your personal, non-commercial access and/or use only. You acknowledge that we reserve the right to discontinue the Services, in whole or in part, at any time. When accessing and/or using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.
(F) You understand and agree that your access and/or use of the Services and/or their content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your access and/or use of the Services and their content.
5. PROMOTIONAL MESSAGES. Our Services may include sending you promotional emails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, will be sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, email address, mobile number).
(A) You may opt-out of receiving our emails/newsletters by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
(i) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan, you may be charged message and/or data charges by your wireless carrier;
(ii) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges;
(iii) we may send you messages through our Message Service;
(iv) if you have any questions about our Message Service or need assistance, you may contact us;
(v) we are not aware of any wireless carriers that do not support our Message Service; however, you must have a text or SMS enabled mobile phone;
(vi) we do not guarantee or warrant that you will receive all or any of our messages; and
(vii) our Message Service may be administered by a third party (the “Administrator”) and we reserve the right to condition access and/or use of our Message Service to your acceptance of applicable Administrator terms and conditions.
(C) Certain portions of our Services may provide mobile alerts to the device you use to access and/or use such Services. Additionally, if you are a registered user, you will be able to sign up for certain alerts specific to your personal settings. The types and frequency of mobile alerts that you will receive will depend on your selections at registration. To sign up to receive mobile alerts, you must be a registered user of the Services and you must be 18 years of age or older. Mobile alerts may not be available for all users. Message and data rates may apply.
(A) You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Andretti Group through or in connection with the Services, including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain the property of Andretti Group. Such disclosure, submission or offer of any submission shall constitute an assignment to Andretti Group of all rights, title and interest in all copyrights and other rights in the submission.
(B) Andretti Group is and shall be, under no obligation:
(i) to maintain any submission in confidence;
(ii) to pay to anyone any compensation for or in connection with the use of any submission; or
(iii) to respond to any submission.
(C) You represent and warrant that no submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right.
(D) By making any submission through, in connection with or related to the Services, you agree that Andretti Group has the right (but not the obligation) to copy, publish, distribute or use such submission, or any parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.
(E) Andretti Group does not, cannot and does not agree to consider or review every submission, and is not liable or responsible for the content of any material posted on the Services by users.
(F) You agree to not upload, post, distribute or otherwise publish on the Services any material that:
(i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
(ii) infringes on the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity;
(iii) is illegal in any way or advocates illegal activity; or
(iv) advertise or solicits funds, goods or services.
(G) You are and shall remain solely responsible for the content of any submission you make.
7. DISCLAIMER OF WARRANTIES. ANDRETTI GROUP AND THE THIRD PARTIES ENGAGED IN THE PROVISION OF ANY PORTION OF THE SERVICES AND THE OFFICERS, STOCKHOLDERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUCCESSORS OF EACH OF THEM (COLLECTIVELY, “ANDRETTI SUPPLIER GROUP”) AND ANDRETTI LICENSOR GROUP INTEND FOR THE INFORMATION CONTAINED IN THE SERVICES TO BE ACCURATE AND RELIABLE; HOWEVER, ERRORS SOMETIMES OCCUR. THE SERVICES ARE PROVIDED “AS IS”. ANDRETTI SUPPLIER GROUP AND ANDRETTI LICENSOR GROUP DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ACCESS AND/OR USE OF THE SERVICES IS AT YOUR OWN RISK. ANDRETTI SUPPLIER GROUP AND ANDRETTI LICENSOR GROUP ARE NOT LIABLE FOR DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANDRETTI SUPPLIER GROUP AND/OR ANDRETTI LICENSOR GROUP BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST DATA, LOST BUSINESS OR BUSINESS INTERRUPTION, IN CONNECTION WITH YOUR ACCESS AND/OR USE OR INABILITY TO ACCESS AND/OR USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE TOTAL LIABILITY OF ANDRETTI SUPPLIER GROUP AND ANDRETTI LICENSOR GROUP TO YOU FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE FEE PAID BY YOU WITHIN THE SIX-MONTH PERIOD PRIOR TO THE TIME THAT THE CLAIM AROSE.
(A) You agree to indemnify, defend, and hold harmless Andretti Supplier Group and Andretti Licensor Group from and against any and all claims, expenses, damages, suits, losses, actions, judgments, liabilities, and costs (including reasonable legal fees) arising out of, related to, or that may arise in connection with:
(i) your access and/or use of the Services;
(ii) content provided by you or through access and/or use of our Services;
(iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(v) your acts or omissions.
(B) You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
10. TERMINATION; SURVIVAL
11. DISPUTE RESOLUTION
(E) The rights and remedies set forth herein are intended to be cumulative, and the exercise of any right or remedy by us shall not preclude or waive our exercise of any other rights or remedies hereunder or pursuant to law or equity.
12. AMENDMENT; ADDITIONAL TERMS