Terms of Use

Welcome to SebringRaceway.com the general audience Internet website, which includes subdomains and any associated applications (such as mobile and other device applications) and other associated offerings (collectively, the "Site") that are owned, offered and or operated by or on behalf of Sebring International Raceway, LLC ("Sebring", "we", "us", or "our"). PLEASE REVIEW THE FOLLOWING TERMS THAT GOVERN YOUR USE OF THIS SITE.

ACCEPTANCE OF TERMS THROUGH USE
The Site is provided as a service to our customers and may be used for informational purposes only. We make no representations about the suitability of the Site for any other purpose. By using or visiting the Site, you expressly agree to be bound by all terms and conditions set forth herein (the "Terms of Use"), as well as our privacy policy ("Privacy Policy") which is incorporated into these Terms of Use. If you do not agree to the Terms of Use and Privacy Policy, please do not use or visit the Site. Sebring reserves the right to change these Terms of Use at any time, effective upon posting on the Site. Please check the Terms of Use and Privacy Policy periodically for changes. If you violate these Terms of Use, we may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you. Purchases made through the Site are subject to the Site's, or the applicable site's purchase policy ("Purchase Policy") as well as the Sebring ticket license agreement and applicable ticket policies.

Any new features or functionality that augment or enhance the Site in the future shall be considered part of the Site and subject to these Terms of Use. If you register for or use additional features available as a part of the Site, additional terms and conditions, rules, policies and disclaimers may apply.

SITE CONTENT 
All materials contained in the Site, including without limitation all images, text, software, illustrations, designs, logos, icons, video and audio content, products and services available on or through the Site, and other materials and items, as well as the Site as a whole (collectively the "Contents"), are owned, controlled and/or licensed by Sebring. The Contents are protected by trademark, trade dress, copyright, and/or other intellectual property rights of Sebring or third-party licensors against any unauthorized uses not expressly permitted by these Terms of Use. All worldwide rights, titles and interests in and to the Contents are owned by Sebring or third party licensors.

The Site and the Contents are intended solely for your personal, informational, non-commercial and entertainment use. You may copy or download the Contents for your personal use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to any Contents, (iii) you do not use any Contents in a manner that suggests an association with Sebring or any event, product, service, or brand, and (iv) you do not download quantities of Contents to a database that can be used to avoid future downloads from the Site. Otherwise, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without Sebring's prior written consent. Any use of the Contents on any non-Sebring Site or computer environment is strictly prohibited. In the event you download software from the Site, the software, including any files, images, or data accompanying, incorporated in or generated by the software (collectively, the "Software"), are licensed to you for your personal, noncommercial use only. Sebring does not transfer title to the Software or any other materials on the Site to you. You may not redistribute, sell, de-compile, reverse engineer, disassemble, modify, or otherwise reduce the Software to a human-readable form. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Sebring to do so. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Sebring reserves complete title and full intellectual property rights in any Content you download from the Site.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Sebring.

LAWFUL USE 
You agree to use the Site and the Contents for lawful purposes only. For example, you agree not to post on or transmit through the Site any material which: violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene or otherwise objectionable; or encourages conduct that would violate any law or give rise to civil or criminal liability. You agree to abide by the Terms of Use and any additional terms or conditions imposed by Sebring or any third-party content providers in connection with the Contents or any other third-party content, software or services available on or through the Site. You agree not to use the Site so as to damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

DISCLAIMER
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE AND THE CONTENTS, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEBRING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. SEBRING MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY.

Goods or services neither manufactured nor rendered by Sebring are the sole responsibility of the manufacturer or provider of those goods or services. Sebring disclaims all warranties and responsibility for those goods and services. The Site may contain links to websites controlled by parties other than Sebring. Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. The Site does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Sebring or any Sebring parent, subsidiaries, limited liability or affiliate companies with respect to such sites and third-party content.

All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used in a lawful manner. All videocassettes, DVDs, CDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance may not be duplicated.

Sebring uses reasonable efforts to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on the Site, or whether or not such information is current. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an order to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SEBRING OR ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, THE CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SEBRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

REGISTRATION AND ACCOUNT SECURITY 
To the extent applicable at the Site, in order to become a member at the Site, you may be required to register for a Site account ("Account"). If you choose to register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. You acknowledge and agree that Sebring will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive important information and updates about the Site. If Sebring has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, Sebring may suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof) by you.

As a part of your Account registration, you will establish a username and password. Your password is used to authenticate you when you use the Site. You agree not to give your username or password to anyone you do not authorize to use your Account. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms of Use. You acknowledge and agree that any use of the Site occurring through your username and current password shall be deemed to be your actions and that Sebring may rely upon such actions. You are solely responsible for protecting the confidentiality of your password.

CREDIT CARDS 
Sebring takes the issue of your privacy seriously. Sebring reveals only the last four digits of your credit card numbers when confirming an order. Further, we require CVV2 (CVV2 is the unique 3 or 4 digit security code on the back of your credit card) confirmation for all initial purchases on the Site. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. Otherwise, we do not share your credit card information with anyone else. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer ("SSL") technology. For more information, please read our Privacy Policy.

INTERNATIONAL USE
Sebring makes no representation that the Site or the Contents are appropriate or available for use in locations outside the United States. If you use the Site or Contents from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.

CHOICE OF LAW AND FORUM
These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to its comity or conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating in any way to these Terms of Use, the Site and Contents, or your use thereof shall be filed only in the state or federal courts located in and for Volusia county in the State of Florida. You also agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. These Terms of Use shall be interpreted according to its express terms, with no presumptions against the drafting party.

CLASS ACTION WAIVER
Each party agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action.

SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative or original ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that the intent of this policy is to avoid the possibility of misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, artwork or photos. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, at our request, you send certain submissions (such as postings to chat boards, or contest entries) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, Sebring property. No Submission shall be subject to any obligation of confidence on Sebring's part and Sebring shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Sebring shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

By posting or submitting content to this site, you (1) grant Sebring and its parent, subsidiaries, and affiliates and their licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (2) warrant and represent that public posting and use of that content by Sebring will not infringe or violate the rights of any third party.

The Site may offer opportunities for users to submit and post their own user content (collectively, "User Materials") in connection with various Site features, including posting to blogs, communicating with other Site users and posting comments to discussion forums (each, a "Community Feature"). The selection of available Community Features may change from time to time in the sole discretion of Sebring.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with The Site, whether solicited or unsolicited, you are granting Sebring a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. Sebring also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become the unrestricted licensed property of Sebring.

You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Sebring will not infringe or violate the rights of any third party in any manner.

Sebring may at its own discretion monitor and prescreen User Materials, and while Sebring and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms of Use or is otherwise objectionable, you agree to be responsible for, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials.

In your use of any Community Feature, you agree, without limitation, not to upload, transmit, distribute or otherwise publish in any form any User Material that is:

  • libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
  • illegal in any way or advocates illegal activity;
  • an advertisement or solicitation of funds, goods or services;
  • a message posted by a user impersonating another;
  • personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
  • could be considered bulk unsolicited communications.

You acknowledge that Sebring is not responsible for any User Material posted in any Community Feature or otherwise available at or through The Site, including, without limitation, comments made by other Community members about prospective purchases. Sebring is merely providing access to such Community Features and User Materials as a service to you to be used in accordance with these Terms of Use. You may only use the Community Features in a personal, noncommercial manner. With respect to any User Materials posted by other users, you acknowledge and agree that such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy and truthfulness of any such User Materials. Sebring has no control over whether such User Materials are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Sebring expressly disclaims any responsibility for User Materials. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment and caution in using User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any User Materials that you access or use.

Sebring reserves the right, but not the obligation, to monitor, edit and/or remove any User Materials deemed inconsistent with these Terms of Use or our policies. Sebring also reserves the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion.

If you are aware of any User Material on the Site which violates these Terms of Use, please contact us by using the email support function on the Site. Please provide as much detail as possible, including a copy of the underlying material, the location where Sebring may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, Sebring will only remove User Materials if Sebring believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Infringement Claims." Although Sebring may attempt to monitor User Materials, in no event does Sebring assume any particular obligation to do so or any liability for failing to either monitor any Community Feature or remove specific User Materials.

Sebring respects the rights of all copyright holders and in this regard Sebring has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Site in a way that constitutes copyright infringement, please provide Sebring's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:

  • 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 copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website 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 us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • 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; and
  • 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.

Sebring's Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached by email to info@SebringRaceway.com or in writing to Agent for Copyright Claims, Sebring International Raceway, LLC, One Daytona Blvd, Daytona Beach, FL 32114, Phone: 386-310-6500.

Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys' fees.

RISK OF LOSS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with any shipping restrictions contained on the Site. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier. INDEMNIFICATION Upon request by Sebring, you agree to defend, indemnify, and hold harmless Sebring, its parent, subsidiaries, limited liability and other affiliated companies, and each of their respective shareholders, members, employees, contractors, officers, and directors (the "Indemnified Parties") from all liabilities, claims, and expenses, including attorney's fees, that arise from your violation of these Terms of Use or your use of the Site other than as permitted herein. Sebring reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sebring in asserting any available defenses. Your obligations hereunder shall extend to claims alleging an Indemnified Party's negligence, willful misconduct or violation of law unless adjudicated as such by a court of common law.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Sebring with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Sebring with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION
Sebring may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time with or without notice to you. You agree that Sebring shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

You may terminate your use of the Site at any time. Sebring reserves the right, in its sole discretion, to terminate your access and license to all or part of the Site at any time with or without notice. Effective Date: April 28,2013

© 2013 Sebring International Raceway, LLC

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