Terms Of Service

When you visit the Site, you will automatically be bound by the TOS. Please read them carefully. By using the Site, you accept the current version of the TOS in place at that time. Please read them carefully.

1. ACCEPTANCE OF TERMS
Auto Racing Trader provides its service to you, subject to the following TOS, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.AutoRacingTrader.com/TermsOfService.aspx. In addition, when using particular Auto Racing Trader services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS. Auto Racing Trader may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE
Through its network of Web properties, Auto Racing Trader provides you with access to a variety of resources:

• Classified ads,
• Articles and other informational material (Documents),
• News and information (Documents),
• A variety of other services

3. USE OF SERVICES
Your use of the Services is subject to your continued compliance with these TOS and any other agreements, guidelines or rules that Auto Racing Trader may post in respect of its Services. We can terminate your access to the Site without warning if you fail to comply with the TOS or any other applicable Agreement, guidelines or rules published by Auto Racing Trader.

4. REGISTRATION WITH US
Some of our Services may require you to register with Auto Racing Trader. For example, you may not post a classified ad if you have not registered with us. If all you want to do is read a Document, you do not need to register with us. If you do register with us, we require that you keep close control over your Auto Racing Trader ID and any passwords, as we state in more detail below.

If you want to use any of our Services that requires you to register with Auto Racing Trader, you agree to complete our registration process and to provide us with current, complete and accurate personal and demographic information as prompted by the applicable registration form and to promptly update such information as necessary to ensure it is kept complete and accurate. Registration information becomes the non-exclusive property of Auto Racing Trader and may be used by Auto Racing Trader for market research, marketing, improvements to our Services, and for such purposes as may be set out in our privacy statement.

Upon registering, Auto Racing Trader will provide you with a password and a Site ID. You are responsible for maintaining the confidentiality of your password and Site ID. You are responsible for activities that occur under your password or Site ID. You agree to notify Auto Racing Trader immediately of any unauthorized use of your password or Site ID or any other breach of security. You agree to log out of this Site after every session so as to protect your password and Site ID from breaches of security and to enhance the access to Auto Racing Trader for those still accessing this Site.

Auto Racing Trader will not be responsible or liable, directly or indirectly, in any way for any loss or damage that you may incur as a result of or in connection with someone else using your password or Site ID, either with or without your knowledge. However, you could be held liable for losses incurred by Auto Racing Trader or another party due to someone else using your Site ID or password if you have been negligent or have willfully aided, abetted, assisted, or acquiesced in that misuse. You may not use anyone else's password or Site ID at any time, without the permission of the bona fide holder.

Auto Racing Trader uses credit card numbers submitted to us for payment purposes only, and not for marketing purposes. Your credit card information is not saved for future purchases. We utilize industry standard secure encryption technology to reasonably assure the privacy and security of the credit card numbers of anyone who places online orders with us.

5. PRIVACY
Our Privacy Statement tells you our policies relating to the collection and use of your information. This Privacy Statement is made a part of the TOS by reference. Please read these provisions.

6. MINORS
In cases where you have authorized a minor to use the Auto Racing Trader Site, a site owned by Auto Racing Trader or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Auto Racing Trader Site, a site owned by Auto Racing Trader or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of Auto Racing Trader Site (or affiliated sites) may contain material that is inappropriate for minors.

7. AUTO RACING TRADER ELEMENTS
Permission to use Code or Documents does not include rights to copy or use the design or layout of Auto Racing Trader Web site or any other site owned, operated, licensed or controlled by Auto Racing Trader. Elements of Auto Racing Trader Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from Auto Racing Trader Web site or any site owned by Auto Racing Trader may be copied or retransmitted unless expressly permitted by Auto Racing Trader.

8. COMMUNICATIONS SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:

• Use the Services in connection with surveys, contests, promotions, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).


• Upload, post, email, otherwise transmit, or post links to Auto Racing Trader with respect to any raffle, contest or game requiring a fee by participants.


• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.


• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.


• Upload, post, email, otherwise transmit, or post links that exploit the images of children under the age of 18, or that disclose personally identifying information belonging to children under 18 or harm minors in any other way or make any sexual request on behalf of a minor or make any sexual request of a minor.


• "Stalk" or otherwise harass another.


• Use, download or otherwise copy, or make available (whether or not for a fee) to a person or entity: any directory of users of the Services or other user or usage information or any portion thereof;


• Upload, download, use, or otherwise copy, or make available (whether or not for a fee) any file(s) that contain text, images, photographs, software or other material protected by trade secret, or any intellectual property laws, including, by way of example, and not as limitation, copyright or trademark or service mark or patent laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.


• Use any material or information which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.


• Modify, publish, transmit, settle, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit Auto Racing Trader database other than for the limited purposes for which material is licensed for your use.


• Use or exploit any part of the Site or any software deployed in connection with the Site as, or as the content of, a service offered or supplied to other persons or entities without the express written consent of Auto Racing Trader. For example, you will not create a site or maintain a site that links to our Site for the purpose of using, indexing, reformatting, or searching and retrieving, material from our site for the benefit of users of your site, without our knowledge and express consent; we want those users to come directly to our site to obtain material as we have spent considerable time, effort, and financial resources to build and maintain the Site and to attract submissions of Code and Documents, and to attract a wide base of users.


• Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with Auto Racing Trader's delivery and operations. Your access to Auto Racing Trader is limited to your rights to use Services to which you are entitled to use, and only for the limited purposes of your licensed use of such Services.


• Upload, post, email, otherwise transmit, or post links to, any content that facilitates hacking or that promotes any illegal activity, including instructions for illegal activity.


• Upload files that contain viruses, worms, trojan horses, time bombs, trap doors, cancelbots, corrupted files, or any other similar software or programs or malicious code that may damage the operation of another's computer or property of another or are intended to interrupt, destroy or limit the functionality of Auto Racing Trader.


• Use automated means, including spiders, robots, crawlers, agents, or the like to download data from any database of Auto Racing Trader, or from the Site itself (for example, site or page scraping is prohibited).


• Exploit known or unknown weaknesses of the scripts or servers to disrupt or alter the Site's operation.


• Advertise or offer to sell or buy any goods or services for any business purpose unless such Communications Service specifically allows such messages.


• Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.


• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.


• Restrict or inhibit any other user from using and enjoying the Services.


• Violate any code of conduct or other guidelines which may be applicable for any particular Service.


• Harvest or otherwise collect or store information about others, including e-mail addresses.


• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.


• Violate any applicable laws or regulations.


• Create a false identity for the purpose of misleading others.


• Impersonate any person, including an employee, contractor, forum leader, guide or host of Auto Racing Trader, or falsely state or otherwise misrepresent your affiliation with a person or entity.


• Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through Auto Racing Trader.


• Create multiple accounts with the purpose of altering polls or affecting voting.


• Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to Auto Racing Trader community or the spirit of these Terms of Service.


• Breach any posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

9. CONTRIBUTION OF ARTICLES
If you contribute documents (in any form or media), you give us the rights necessary to edit and post and maintain your material (and the edited version), and to prevent unauthorized uses by End Users of material that we edit. End Users are given rights to read your material, but no rights to republish or otherwise distribute your material. If your material has been previously published, that publisher may have rights, and if so, you must obtain all consents before posting on Auto Racing Trader. If your material contains images, audio, or video, we require that you have obtained consents from all persons depicted, seen, or heard, the owners of any places depicted, and any other rights holders.

10. RIGHTS AND OBLIGATIONS OF AUTO RACING TRADER AND LIMITS ON OUR OBLIGATIONS
You agree that Auto Racing Trader has the right and sole discretion to edit, review, delete or modify any material you provide to Auto Racing Trader, and to reject, publish, refuse to publish, remove or block access to any material, for any reason whatsoever, at any time and from time to time. Auto Racing Trader does not represent or warrant that it will review or moderate any material. The submission of material in no way creates any obligation or duty on the part of Auto Racing Trader to post or use such material.

Auto Racing Trader has no obligation to monitor its Services. However, Auto Racing Trader reserves the right and sole discretion to review, delete or modify Material, to publish, remove or block access to any Material that is available through Auto Racing Trader, for any reason whatsoever, at any time and from time to time. To give us capacity to act without repercussion to protect against people we believe are abusing the letter of the TOS or the spirit of Auto Racing Trader and this Site, Auto Racing Trader reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

11. INTERACTION WITH ADVERTISERS.
All interaction between you and our advertisers, both classified and display, are solely between you and that advertiser. Auto Racing Trader will not honor any warranty for any of the items listed in its advertisements. Should any warranty exist, it is strictly between the buyer and seller, which may or may not include the original warranty. The buyer will be responsible for reading the details of the ad and performing due diligence in order to ascertain that the item is represented accurately by the seller. Auto Racing Trader provides an advertising service and you agree that it is in no way responsible for any transactions you enter into as a result of the ads posted on the Site.

12. LIMITATION OF LIABILITY.
AUTO RACING TRADER AND/OR ITS RESPECTIVE SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIAL PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL MATERIAL IS PROVIDED "AS IS", "WHERE IS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. AUTO RACING TRADER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL MATERIAL, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIAL PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AUTO RACING TRADER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

You release, indemnify and hold harmless Auto Racing Trader, its affiliates, employees, contractors, agents, and assigns from all liability for loss or damage howsoever occasioned resulting from your use, misuse, reliance upon, or inability to use anything found on Auto Racing Trader, and from Auto Racing Trader's use, misuse, or non-use of any Code or Documents submitted, and from any bugs, viruses or other malicious code, errors in, interruption, suspension, or termination of any Services.

IN NO EVENT SHALL AUTO RACING TRADER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, OR OTHERWISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIAL AVAILABLE FROM THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. ABSENT GROSS NEGLIGENCE OR GROSS MISCONDUCT BY AUTO RACING TRADER, IN NO EVENT SHALL AUTO RACING TRADER BE LIABLE FOR ANY DAMAGES WHATSOVER, UNDER ANY LEGAL THEORY.

13. LIMITATION OF ACTION
In the event that any action or other proceeding is sought to be brought against Auto Racing Trader for any purpose, you agree, notwithstanding any legislative Statute of Limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against Auto Racing Trader and any persons who in law or at equity could claim contribution or indemnity against Auto Racing Trader.

14. ADVERTISEMENTS AND LINKS TO OTHER SITES
Auto Racing Trader does not endorse the owners of, or the content, products or services on any third-party Web sites. Linked sites are not under the control of Auto Racing Trader and Auto Racing Trader is not responsible for the contents of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, or any changes or updates to such sites. Auto Racing Trader is not responsible for any form of transmission received from any linked site, and Auto Racing Trader does not make any representations regarding their content, accuracy or non-infringement. Auto Racing Trader does not endorse any product or service advertised on this Site. Your use of third-party Web sites is at your own risk and subject to the terms of use for such sites. You should be aware that both the terms of use and the privacy policies of linked sites may differ from those of Auto Racing Trader.

15. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions, any specific requirements, procedures, policies or regulations of Auto Racing Trader, or any other agreement between you and Auto Racing Trader. You may not use the Services in any manner that could damage, disable, overburden, or impair any server of Auto Racing Trader's site, or the network(s) connected to server running Auto Racing Trader, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any server of Auto Racing Trader or to any of the Services, through hacking, password mining or any other means. You may not access Auto Racing Trader after your account or access has been terminated by Auto Racing Trader. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

16. DISCLOSURE
Auto Racing Trader reserves the right at all times to disclose any information as Auto Racing Trader deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

17. PROTECTION AGAINST YOUR BREACH
You agree to indemnify, defend and hold harmless Auto Racing Trader, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney's fees) arising out of a violation or alleged violation by you of these TOS or arising from material posted by you or contributed by you on the Site. You agree to cooperate as fully as reasonably required in the defense of any such claim.

Auto Racing Trader reserves the right (but is not obligated) to do any or all of the following:

• Record the dialogue submitted through the Services.
• Investigate an allegation that a communication(s) do(es) not conform to these policies and/or the TOS and determine in its sole discretion to remove or request the removal of the communication(s).
• Delete, move or edit communications that are determined, in the sole discretion of Auto Racing Trader, to be abusive, defamatory, obscene, in violation of copyright, patent, or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
• Terminate a user's access to any or all of the Services or the Site upon any breach of these policies and/or the TOS.
• Monitor, edit or disclose any communication posted in the Site.
• Edit or delete any communication posted in the Site, regardless of whether such communication violate Auto Racing Trader's standards.

18. ASSIGNABILITY.
Auto Racing Trader, its successors and assigns, shall have the right to assign or transfer this Agreement, all other agreements between the parties, and all Auto Racing Trader's benefits in their absolute discretion and from time to time.

19. GOVERNING LAW.
This Agreement and all other agreements between the parties, their interpretation and enforcement are governed by the laws of the State of Georgia the laws of the United States of America applicable therein. All disputes are required to be brought before the courts in the State of Georgia to the exclusion of the courts in any other jurisdiction.

20. RELATIONSHIP OF PARTIES.
You and Auto Racing Trader are independent contractors. Nothing in this Agreement or any schedules or documents incorporated by reference herein or into which this Agreement is incorporated by reference into, create a partnership, joint venture, agency, or employment relationship between you and Auto Racing Trader or give you any rights or authority to bind Auto Racing Trader to any contractual or other obligations.

21. SUBMISSION OF IDEAS AND SUGGESTIONS.
If you identify problems with the usability, operability, or interoperability of Auto Racing Trader or any Services, you may deliver or suggest amendments or "bug fixes" for Auto Racing Trader's consideration. Auto Racing Trader shall have the absolute right to incorporate all such amendments or "bug fixes" accepted by Auto Racing Trader into products and Services provided by Auto Racing Trader for all purposes, without any payment or other compensation to you. All right, title and interest to any submitted amendments, whether accepted or not, shall transfer to Auto Racing Trader at no cost to Auto Racing Trader as a royalty free right granted in perpetuity.

22. GENERAL
If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOS, which shall remain in full force and effect. No waiver of any of these TOS shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Your obligations to Auto Racing Trader contained in these TOS and in all applicable agreements between yourself and Auto Racing Trader shall survive termination.

23. COPYRIGHT NOTICE
Copyright © Auto Racing Trader, LLC, 2008, 1470 Beavers Rd. Canton, GA 30115. Any rights not expressly granted herein are reserved. Specific material may also be copyright of the respective authors/owners.

By using any of the material on Auto Racing Trader, or accessing the Site, you understand that you have read and agreed to the above TOS. These Terms of Service will be strictly enforced.

24. NOTICES
All notices contemplated by this TOS will be in writing and delivered by hand delivery, prepaid courier service, overnight delivery with delivery confirmation, or by telecopier with receipt confirmed by electronic acknowledgement of transmission, to Auto Racing Trader, 1470 Beavers Rd. Canton, GA 30115. Notices shall be effective upon receipt of confirmation that delivery is complete.