Terms & Conditions.

Terms and Conditions The following terminology applies to this Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Liberty Park Raceway LLC, a New Jersey limited liability company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “Services” is any service provided by us to you or any of your agents or individuals within your legal custody (e.g. children), including but not limited to the provision of this Website or related mobile application. “Products” is any products that you may have obtained from us, either directly or indirectly, including but not limited to any content you receive from Us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Your use of this Website and the Services is conditioned upon your compliance with these Terms and Conditions and applicable law. In using (or attempting to use) this website you are agreeing to the following terms and conditions as well as the Privacy Statement (together “Terms and Conditions”), which may be updated or changed from time to time by the Company without notice to you. Your use of this website following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes. Customer Requirements The Company’s services are available only to, and may only be used by, individuals who are eighteen (18) years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least eighteen (18) years old and that all information you submit is accurate and truthful. Services or Products We reserve the right to refuse Services to anyone for any lawful reason at any time. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. Billing and Account Information You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You hereby represent that you have the right to provide us with your credit card information and authorize us to charge the credit card for all fees. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Us at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Code of Conduct By using the Services, You agree that You will comply with all applicable law and conduct Yourself in an appropriate manner throughout the course of Your participation in the Services. You agree that You will not engage in activity or behavior that: 1. (a) is untrue, inaccurate, defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; 2. violates the rules or codes of conduct of the location, including excessive intoxication or consumption of alcoholic beverages when consumption of alcoholic beverages is expressly forbidden; 3. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; and 4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations). 5. uses the Website in any manner that could damage, disable, overburden or impair any Company server or connected network(s) or interfere with any other party’s use and enjoyment of the Website or mobile app. We cannot and do not assure that other participants or other visitors of Your location are or will be complying with the foregoing Code of Conduct or any other provisions of these Terms and Conditions, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance. Assumption of Risk During the course of Your use of the Services, You may face certain risks and hazards, both foreseeable and unforeseeable. These risks and hazards include, but are not limited to, the following: high speed collisions, mechanical failures, sitting in cramped quarters, interacting with or the acts of third-parties, sudden stops and starts, high speeds, travel and navigation in difficult terrain; inadequate food and/or water supplies; acts of terrorism, vandalism or war; storms, earthquakes or other natural disasters; government restriction or regulation; theft or other criminal acts. These risks and hazards may result in serious physical injury, sickness or death, and damage to, or loss or destruction of property, and no guarantee can be made that the Company or others can provide assistance if any of the forgoing result. You hereby acknowledge that Your use of a RPM venues involves inherent risks of physical injury, illness, death and/or damage to or loss of property, that Your participation is entirely voluntary and that You elect to assume all such risk and use the Services with full knowledge of the inherent risks. Indemnification You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, agents, employees and partners harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys' fees, made by any third party due to or arising out of Your actions or inactions, or Your breach of these Terms and Conditions, or any content or information you submit, post, transmit, modify or otherwise make available on this website or to third parties with whom you are in contact via this website, including but not limited to, any confidential information, your violation of this Terms and Conditions, physical injury, illness, death and/or damage to or loss of property of any third party due to the use of items ordered from the Company, or your violation of any rights of another. Disclaimer and Limitation of Liability We do not guarantee, represent or warrant that your use of our Service or Products will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services or Products will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services and Products is at your sole risk. The Service and all Products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. We expressly disclaim any representations or warranties of any kind, express or implied, about the completeness, currency, accuracy, reliability, suitability or availability with respect to Services, Products, or the information, alerts, incidents, products, services, or related data provided by the service for any purpose. Any reliance you place on such is therefore strictly at your own risk. We do not guarantee that access to the Services will be uninterrupted, accurate, or error-free or that the Website or its server will be free of viruses or other harmful components and assume no responsibility and shall not be liable for any damages for your reliance on the Services. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE, SERVICES, AND ALL CONTENT INCLUDED THEREIN ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER WE, NOR ANY THIRD PARTIES, PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION OR MATERIALS FOUND OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH SERVICES, INFORMATION AND MATERIALS MAY CONTAIN RISKS, INACCURACIES OR ERRORS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR WEBSITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR ANY AND ALL INFORMATION STORED BY THE COMPANY, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. FURTHER, THE COMPANY MAKES NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE COMPANY’S WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR CONTENT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, SERVICE OR CONTENT, AND WE WILL NOT BE A PARTY TO, LIABLE FOR OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Force Majeure The Company shall not be liable for delays, damages, or other liability due to causes beyond the control and without the fault or negligence of Company. Such causes may include, but are not restricted to, acts of God or of a public enemy, third party actions, acts of the government in either its sovereign or contractual capacity, weather, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system, but in every case the failure to perform will be beyond the control and without fault or negligence of the Company. The Company will inform you of any Force Majeure event as soon as practicable after its occurrence. Remedies Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief. Links To and From this Website You may not create a link to any page of this Website without our prior written consent. You may not frame or enclose any Company trademark, logo or other proprietary information, including the images found on the website, mobile app, or associated with the Services or Products in any text, layout, or design of any website without Our express written consent. We do not monitor or review the content of other party’s websites which are linked to from this website. A link from Our website or mobile app to any third-party site, location, or source does not signify Our endorsement of the site or its contents. The Company is not responsible for the privacy practices or content of such third-party websites. The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of information to third parties with which You have come into contact via this website. Feedback We welcome any comments or suggestions You may have. By providing Us such feedback, You grant Us permission to use or incorporate into Our services any suggestions, requests, recommendations, or other feedback that You provide Us, including allowing Us the appropriate intellectual property rights to do so, including granting Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to any and all intellectual property rights that You may own or control to use, copy, modify, create derivative works based upon, and otherwise exploit Your feedback for any purpose. You hereby waive all moral rights in any such information or content. We are not responsible for the accuracy of any information, feedback, or content made on the website or mobile app by third parties. Prohibitions You may not access, tamper with, or otherwise interfere with the non-public areas of this Website, nor Our computers, nor Our computer systems. Nor may You attempt to bypass, deactivate, or impair in any way any safety or security measure implemented by Us or any of our third-party affiliates. You may not attempt to collect from this Website or through using Our Services any personally identifiable information from any other user without the user’s express permission. You may not violate any applicable law or regulation or assist or encourage anyone else to do any of the foregoing. You agree not to use the Website, or any other of Our content for any unlawful purposes and to comply with any and all requests from Us to protect our respective rights. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the website including for any commercial purpose. You will not reverse engineer, disassemble, decompile, decrypt, concert the software to human perceivable form, create derivative works of, or otherwise exploit for any commercial purpose the Website or any of Our technology, including any software or Java applets associated with the Website. You may not use a third party’s account or registration to access the Website. You may not deep-link to the Website or use a robot, spider, web crawler, or extraction software, automated process, device, or similar methods to scrape, copy, data mine, or monitor or similarly glean or extract any portion of the Website or any Company owned content. We reserve the right to take any and all measures necessary to prevent any of these, including suspension, denial or termination of Your access to the Website or the Services. Legal Disputes The parties agree that any dispute, claim, or controversy concerning this Agreement or the termination of this Agreement, or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration to be held in New Jersey (with the opportunity to appear remotely) in accordance with the rules then in effect of the American Arbitration Association. There shall be a single arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties will pay the costs and expenses of such arbitration in such proportions as the arbitrator shall decide, and each party shall separately pay its own counsel fees and expenses. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by e-mail (provided e-mail shall not be sufficient for notices of termination or an indemnifiable claim). Termination We may terminate Your access to and/or use of any of Our content at Our sole discretion, at any time and without notice to You, in which case any and all rights granted to You herein will immediately automatically terminate. Electronic Signature You agree that Use of Our Services constitutes your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and will meet the requirements of an original signature. You may not raise the use of an electronic signature as a defense to the enforcement of this Agreement. International Use Neither we nor our affiliates make any representation that this Website or content appearing on this Website is appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data or export of products from the United States to the country in which you reside. Copyright Notice/DMCA The information on this website is the copyrighted work of the Company and is protected under United States and worldwide copyright laws and treaty provisions. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions. All pictures and videos are copyright to their respective owner(s). We do not knowingly intend or attempt to offend or violate any copyright or intellectual property rights of any entity. Some images and videography used on polepositionraceway.com are taken from the web and believed to be in the public domain. In addition, to the best of our knowledge, all content, images, photos, videos etc., if any, are being used in compliance with the Fair Use Doctrine (Copyright Act of 1976, 17 U.S.C. § 107.) The pictures and videos are provided for comment/criticism/news reporting/educational purposes only. If any images or videos posted here are in violation of copyright law, please contact us (see below) and we will gladly remove the offending images as soon as realistically possible upon receipt of valid proof of copyright infringement (see below). Official DMCA Copyright Infringement Notification: Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act (“DMCA”).To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following to this address legal@rpmraceway.com: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • 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. • 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. Providing URLs in the body of an email is the best way to help us locate content quickly. • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. • A statement that the complaining party has 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. • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages. Miscellaneous The Company’s rights under this Terms and Conditions may be assigned, however You may not assign Your rights under these Terms and Conditions. These Terms and Conditions shall inure to the benefit of the parties and their successors, administrators, heirs and assigns. These Terms and Conditions shall be interpreted under the laws of the State of New Jersey applicable to contracts entered into and fully to be performed therein. No waiver of any term hereof shall be deemed to be continuing or be deemed to waive any other term hereof. Unless the parties have a written agreement signed by each of them that governs the relationship between the parties, these Terms and Conditions constitute the entire understanding of the parties concerning the subject matter hereof; all prior negotiations and understandings are merged herein. If there is a conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the provisions of these Terms and Conditions shall prevail in respect of Your use of this website. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Headings are solely for convenience or reference and do not constitute a part of these Terms of Use. The terms "including" and "includes" should be read as "including/includes, but not limited to." All rights and remedies given to Us in this Terms of Use are cumulative and not exclusive of any other rights or remedies which We otherwise have at law or equity. Unauthorized use of this website may give rise to a claim for damages. © Liberty Park Raceway LLC