1. Account Creation. In order to access some features of Racetrac.com, you will have to create an Account. You may never use another’s Account without permission. When creating your Account, you agree to only provide accurate and complete information. Only one Account per person, unless otherwise expressly approved by RaceTrac. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify RaceTrac immediately of any breach of security or unauthorized use of your Account. Although RaceTrac will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of RaceTrac or others relating to any such unauthorized use.
2. Account Termination. Either you or RaceTrac may at any time terminate your Account, for any reason or no reason, with or without notice.
3. Permission Conditional. RaceTrac hereby grants to you permission to use Racetrac.com as set forth in these Terms of Use, provided that: (i) your use of Racetrac.com as permitted is solely for your personal and noncommercial use; (ii) you will not copy or distribute any part of Racetrac.com in any medium; (iii) you will not alter or modify any part of Racetrac.com; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
4. No Automated Systems. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses Racetrac.com in a manner that sends more request messages to the Racetrac.com servers in a given period of time quicker than a human could reasonably produce in the same period by using a convention on-line web browser.
5. Compliance with Law. You agree to use Racetrac.com and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use.
6. Infringement. If you believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
6.1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
6.2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
6.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
6.4. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
6.5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6.6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.7. RaceTrac’s designated “Copyright Agent” to receive notifications of claimed infringement is: General Counsel RaceTrac Petroleum, Inc., 3225 Cumberland Blvd. Suite 100 Atlanta, GA 30339. telephone: 770.431.7600. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the RaceTrac customer service through website@racetrac.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
7. Restricted Postings. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by RaceTrac.
8. No Advertising. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users.
9. No Obstructions. You agree to not, or permit others to, cover or obscure any banner or other advertisements on any RaceTrac page.
10. No Disclosure. You agreed to not disclose your password to any third party or permit any third party to access your Account.
11. No Assignment. You may not sell, license, or otherwise transfer your Account, except by operation of law.
12. User Disputes. You are solely responsible for your interactions with other Users. RaceTrac reserves the right, but has no obligation, to monitor disputes between you and other Users.
13. Eligibility. Using the Services is void where prohibited. You represent and warrant that you are at least 18 years of age.
14. Registration. You may be required to open an Account in order to access some or all of the Services. To do so, you will be required to provide a valid email address and password, to agree to these terms and conditions. You may be required to provide additional information and complete additional registration steps.
15. Non Commercial Use by Users. The Services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by the management of RaceTrac. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by RaceTrac.
16. Disclaimers. Products and services promoted on RaceTrac.com are based upon availability and may not be available at all store locations. RaceTrac is not responsible for any incorrect or inaccurate User Content posted on Racetrac.com or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services. RaceTrac is not responsible for the conduct, whether online or offline, of any User. RaceTrac assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User. RaceTrac is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to users and/or Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Racetrac.com and/or in connection with the Services. Under no circumstances shall RaceTrac be responsible for any loss or damage, including personal injury or death, resulting from use of Racetrac.com or the Services or from any User Content posted on Racetrac.com or transmitted to Users, or any interactions between Users, whether online or offline. RACETRAC.COM AND THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED , AND RACETRAC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. RACETRAC DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF RACETRAC.COM, AND/OR THE SERVICES.
17. Limitation on Liability. IN NO EVENT SHALL RACETRAC OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF RACETRAC.COM AND ANY OF THE SERVICES, EVEN IF RACETRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RACETRAC’S LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO RACETRAC FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.
18. U.S. Export Controls. Software from Racetrac.com (the “Software”) may be subject to United States export controls. No Software may be downloaded from Racetrac.com or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the state of Georgia without regard to conflict of laws provisions, the actual state or county of execution or loss or any different state laws that may govern these Terms of Use. THE GEORGIA COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN ATLANTA, GEORGIA AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between RaceTrac and you arising out of or in connection with your use of Racetrac.com, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
20. Indemnity. You agree to indemnify and hold RaceTrac, its subsidiaries, members, managers, affiliates, officers, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Racetrac.com or any of the Services in violation of these Terms of use; arising from your breach of these Terms of Use; arising from your violation of applicable law or court order; and/or arising from your negligence.
21. Void Where Prohibited. RaceTrac administers and operates Racetrac.com from its location in Atlanta, GA; other RaceTrac sites may be administered and operated from various locations outside the United States. Although Racetrac.com is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Racetrac.com are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. RaceTrac reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on RaceTrac is void where prohibited. If you choose to access Racetrac.com from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
22. Other. Except for any additional agreement(s) between you and RaceTrac, these Terms of Use constitutes the entire agreement between you and RaceTrac regarding the use of Racetrac.com and/or any of the Services. The failure of RaceTrac to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. All rights not expressly granted to you in these Terms of Use are reserved to RaceTrac and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with RaceTrac’s prior written consent. RaceTrac may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use. “RACETRAC” and other marks indicated on racetrac.com are trademarks of RaceTrac Petroleum, Inc.