TrackPass® Terms of Service

IMPORTANT! READ CAREFULLY.

TRACKPASS® SUBSCRIBER SERVICE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND TURNER SPORTS INTERACTIVE, INC. AND ITS SUPPLIERS, AND LICENSORS (COLLECTIVELY, "TSI," "we," "us" or "our") AND INCLUDES THE TERMS AND CONDITIONS SET FORTH BELOW, THE WEB SITE TERMS OF USE REFERENCED IN THIS AGREEMENT, OUR PRIVACY POLICY AND ANY OTHER TERMS AND POLICIES REFERENCED HEREIN OR THEREIN, EACH AS MAY BE AMENDED FROM TIME TO TIME (COLLECTIVELY, THE "SUBSCRIBER AGREEMENT" OR "AGREEMENT"), ALL OF WHICH CONSTITUTE THE COMPLETE AND ENTIRE AGREEMENT BETWEEN YOU AND TSI WITH RESPECT TO YOUR USE OF THE SERVICE.

ACCEPTANCE OF AGREEMENT

BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THE SUBSCRIBER AGREEMENT.

TSI provides video, audio and other content of the National Association for Stock Car Auto Racing, Inc. ("NASCAR") via its TrackPass® Subscription Service (the "Service") on the official Internet web site of NASCAR located at www.nascar.com (the "Site"). IF YOU DO NOT ACCEPT THE SUBSCRIBER AGREEMENT, CLICK ON THE "CANCEL" BUTTON, IN WHICH CASE YOU WILL NOT BE PERMITTED USE THE SERVICE.

CHANGES TO SUBSCRIBER AGREEMENT

TSI reserves the right to make changes, modifications, amendments and/or updates to the terms in the Subscriber Agreement from time to time and for any reason, by posting such changes in this document, which you can access at any time by visiting http://www.nascar.com/guides/terms/ecomm/terms_tp.html. You acknowledge and agree that you shall be responsible for reviewing this Agreement from time to time to review for changes, and that changes to this Agreement shall be effective when posted. By continuing to use the Service after TSI has posted any such changes in the Subscriber Agreement or otherwise, you are agreeing to be bound by all of the Subscriber Agreement, as amended.

PRIVACY OF INFORMATION AND NASCAR.COM SITE TERMS OF USE

You agree to our Website Terms of Use (the "Terms"), posted at http://www.nascar.com/guides/terms/ and our Privacy Notice, posted at http://www.nascar.com/privacy.html, each of which may be amended from time to time and are incorporated herein by this reference. To the extent of any conflict between the terms and conditions of this Agreement and the Terms and/or Privacy Policy, the terms of this Agreement will govern.

FEES AND PAYMENTS

Free Trial Period: TSI extends to first-time users of the Service a fourteen (14)-day free trial period to use the Service (the "Free Trial"). TSI reserves the right to terminate or change the terms of the Free Trial at any time. TSI will not charge you for use of the Service during the Free Trial. The Free Trial access begins when you register for the Service for the first time.

UPON EXPIRATION OF THE FREE TRIAL, YOU ACKNOWLEDGE AND AGREE THAT TSI WILL CHARGE AUTOMATICALLY ON A RECURRING BASIS THE CREDIT CARD YOU DESIGNATE DURING THE REGISTRATION PROCESS FOR THE APPLICABLE SUBSCRIPTION FEE TO BE CHARGED BASED ON THE SUBSCRIPTION AND PAYMENT OPTION YOU SELECTED WHEN YOU REGISTERED FOR THE SERVICE. OUR CANCELLATION POLICY AND INSTRUCTIONS ARE BELOW [INSERT LINK].

Subscription Fees: You can always find TSI current subscription fees and charges for the Service (the "Subscription Fees") posted on NASCAR.COM under http://www.nascar.com/trackpass/pricing/. You agree to pay or have paid all Subscription Fees and other fees and charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. TSI may change the fees and charges for the Service, or add new fees or charges upon prior notice to you either by e-mail or publishing the changes on the Site at http://www.nascar.com/trackpass/pricing/. You acknowledge and agree that you shall be responsible for reviewing the TSI schedule of fees and charges from time to time to review for changes, and that changes to this to TSI's fees and charges shall be effective when posted on the Site.

You authorize TSI to automatically bill Subscription Fees based on the Subscription you purchased to the credit card you designate during the registration process for the Service or subsequently designate to TSI ("Your Card"). All fees are billed on the first day following the conclusion of the Free Trial and are charged monthly or annually thereafter depending on the Subscription you purchased. Our cancellation policy and instructions are below [INSERT LINK]. You agree to provide TSI with a valid credit card and accurate, complete and updated information required by the subscription registration form. By submitting Your Card as the form of payment, you represent and warrant that your use of Your Card is authorized and that all information that you submit is true and accurate (including, without limitation, credit card number and expiration date). In doing so, you also authorize us to charge to Your Card all amounts payable by you to us based on the subscription plan you selected (including all renewals thereof), including, but not limited to, all fees and any applicable taxes we are required to collect. Failure to comply may result in the immediate suspension or termination of Services. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you must call TSI's Customer Service at the telephone numbers posted at http://www.nascar.com/trackpass/customerservice/.

Unable-to-be-processed Payments: If we are unable to process Your Card at any time, your account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to us. Your Card issuer agreement governs use of Your Card in connection with this Site and you must refer to that agreement with respect to your rights and liabilities as a cardholder. We do not give full or partial refunds for subscriptions that you have purchased regardless of the basis for the refund.

You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service. YOU, AND NOT TSI, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF NOT AUTHORIZED BY YOU.

YOUR RIGHT TO CANCEL SERVICE

All subscriptions to the Service start the day you submit your registration for the Service (and such day is included in the calculation of the cancellation periods); or for renewal subscriptions, at 12:01 a.m. Eastern Standard Time the day following the last day of the then-current term of your subscription or any renewal subscription (the "Start Date"). You may cancel the Services at any time by Service by calling the telephone numbers posted at http://www.nascar.com/trackpass/customerservice/ or by submitting to TSI a cancellation request at http://www.nascar.com/trackpass/cancel. Your cancellation will be effective one (1) business day after you notify TSI of your request to cancel your subscription (the "Cancellation Date").

Monthly Subscriptions: If you have paid for a monthly subscription for the Service, you will not receive a refund for the monthly subscription term in which you cancel, although you will continue to receive access to the Service through the end of such term. You will not be billed for additional Subscription Fees after the Cancellation Date.

Annual Subscriptions: If you have paid for an annual subscription for the Service, you will not receive a refund for the annual subscription term in which you cancel and you will continue to receive access to the Service through the end of such term. You will not be billed for additional annual Subscription Fees after the Cancellation Date.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT CANCELLATION OF YOUR SUBSCRIPTION TO THE SERVICE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH TSI. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or the enforcement or application of this Agreement; (2) any policy or practice of TSI, including any TSI Privacy Policy, or TSI's enforcement or application of these policies; (3) the content available through the Service or the Internet or any change in content provided through the Service; (4) your ability to access and/or use the Service; (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods of TSI.

NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABILITY OF TSI, NASCAR, EITHER OF THEIR AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND/OR SUPPLIERS FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT YOU PAID TO TSI FOR THE USE OF THE SERVICE FOR THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM. THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WE DO NOT ACCEPT ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER FOR ANY REASON ARISING UNDER THIS AGREEMENT AND/OR THE SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.

THE LIMITATIONS ON LIABILITY SET FORTH HEREIN APPLY 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE INDEMNITEES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICE, OR ANY PART THEREOF, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

COPYRIGHT AND LIMITATIONS ON USE

The content available through the Service is the property of NASCAR, TSI and/or third parties, and is protected by copyright and other intellectual property laws of the United States and other jurisdictions. Such content may only be used or viewed by you for your personal, non-commercial use only, provided that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with TSI or NASCAR; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by TSI or NASCAR); and (d) make no modifications to the material. You agree to use the Service in a manner that complies with all applicable laws. You agree not to copy, deep link, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Service to anyone, including but not limited to others in the same company or organization, without the express prior written consent of TSI or NASCAR.

You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in the Service. In addition to any other remedies available in equity or law to TSI, failure to comply with any of the terms and conditions in this Subscriber Agreement shall immediately terminate this Agreement and your ability to use the Service.

The Service includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither TSI nor NASCAR guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.

IF YOU ARE USING A THIRD PARTY'S MEDIA PLAYER SOFTWARE TO VIEW THE SERVICES, THE USE OF SUCH SOFTWARE WILL BE GOVERNED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. Any personal information you provide to such third party in connection with your use of their software is governed by that third party's privacy policy and terms of use.

DISCLAIMER OF WARRANTIES

Due to the number of sources from which content in the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Service. THIS SERVICE, THE INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED BY TSI, NASCAR, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES OR LICENSORS ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER TSI, NASCAR, THEIR AFFILIATES, SUBSIDIARIES OR PARENT COMPANIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (COLLECTIVELLY, "INDEMNITEES") WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE. THE INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH ITS WEBSITES. IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICE.

INDEMNIFICATION.

You agree to defend, indemnify and hold harmless the Indemnitees from and against all claims, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, and expenses including attorneys' fees, arising out of the use of the Service by you or under your Password(s).

TRADEMARKS.

NASCAR®, NASCAR.COM®, and TRACKPASS®, and each of their logos are trademarks of NASCAR, TSI and/or their respective affiliates or licensors. All rights reserved. All other trademarks appearing on Service are the property of their respective owners.

NOTICE

Except as otherwise expressly provided herein, all notices required under the terms and provisions hereof shall be in writing and be transmitted by mail, facsimile and e-mail to the addresses below at the address, facsimile number and e-mail addresses set forth below. All notices are effective five (5) business days after mailing, when faxed with transmission confirmation, or one (1) day after transmission by e-mail.

If to TSI:
[INSERT ADDRESS] USA
Attn: ____________________
E-mail: [INSERT]
Facsimile: [INSERT]

If to you:
At the address, facsimile number and e-mail addresses indicted in the Service registration you submitted to TSI.

PASSWORDS AND ACCESS TO SERVICE

To obtain access to the Service, you will be required to register for the Service, which may include providing your name, address, email address, age and gender. You will also be required to choose a username and password or access code (collectively, the "Password"). You agree to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself as may be requested by TSI from time to time. Please note that TSI may use such information in accordance with its Privacy Policy [INSERT LINK]. TSI reserves the right to require you to periodically change your Password. You agree:
1. That you are and shall be responsible for maintaining the confidentiality and security of your Password, and for restricting access to your computer and your Password;
2. Not to transfer, lease, assign, or sublicense any Password without TSI's prior written consent;
3. Not to circumvent the password restrictions on the Site, nor allow others to do so on your behalf;
4. Not to use anyone else's Password; and
5. To notify TSI immediately upon discovery or suspicion of compromise of the confidentiality of any Password.
You acknowledge and agree that only one individual may access the Service at the same time using the Password, unless agreed otherwise by TSI. You further acknowledge and agree that you shall be solely liable and responsible for all activities that occur under your Password. You further agree that neither NASCAR nor TSI shall be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than TSI. You may not use the Service for any unlawful purpose or for any purpose other than as expressly authorized herein. TSI shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Service at any time for any reason or to refuse to permit you to use a Password for any reason, including but not limited to, that your Password impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined solely by TSI. TSI may discontinue, terminate or change the Service, or its availability to you, at any time,. You may only receive the Service if you are a Service subscriber in good standing with a valid, authorized credit card on file with TSI. The Service is considered a general audience site and is not intended to be used by children. If you are under the age of 18, you should use our site only with the involvement of a parent or guardian and should not submit any personal information to us.

TERMINATION OF SERVICE BY TSI

TSI shall have the right to terminate your access to the Service immediately if you breach this Agreement. TSI reserves the right to suspend performance of the Services, and may terminate this Agreement for any reason without cause upon ten (10) days notice to you. If TSI terminates this Agreement or discontinues your subscription for cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges already billed to your account, and TSI reserves all other rights available to it for such breach. We reserve the right to not renew your subscription at any time for any reason.

MISCELLANEOUS

Use of the Service is not authorized in any jurisdiction that does not give effect to this Agreement. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. TSI may assign our rights and obligations under this Agreement, without notice, to (i) any affiliate of TSI or NASCAR, (ii) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of TSI or any affiliate of TSI or (iii) any successor in interest or other assignee of TSI. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of TSI and NASCAR. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of TSI. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or materials on the Service and use of the Service may result in irreparable injury and damage to TSI and/or NASCAR that may not be adequately compensable in money damages, and for which TSI and/or NASCAR will have no adequate remedy at law. You, therefore, consent and agree that TSI and/or NASCAR may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees. The failure of TSI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of Georgia. You further agree that the federal and state courts in the State of Georgia shall have personal jurisdiction over the parties with respect to, and that venue shall be proper in such courts with respect to, and that such courts shall be the exclusive forum for the resolution of any matter or controversy arising from or with respect to this Agreement, as if the Agreement was a contract wholly entered into and wholly performed within State of Georgia, without any regard to conflict of law principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.