Website Terms and Conditions
This Website is provided by the Sports Car Club of America and its affiliates
and subsidiaries (collectively, “SCCA” and “we”). Your use of this Website is subject
to these Terms and Conditions of Website Use (the “User Agreement”). Please read
this User Agreement and the other information referred or linked to in this User
Agreement carefully and be sure you understand it, since it is a legally binding
agreement that contains important information about our Website and your permitted
use of it. From time to time we may unilaterally modify this User Agreement, so
it is important that you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY
AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE
USE OF MATERIALS ON THIS SITE
SCCA grants you a limited, non-exclusive, revocable license for you to use this
Website for your personal entertainment, information, education, and communication,
upon all of the terms of this User Agreement. This Website contains materials and
other items relating to SCCA and its products and services, and similar items from
our business partners, licensors, and licensees, and other third parties (collectively,
the “Content”). The Content may be in the form of information, text, data, images,
graphics, button icons, registered and unregistered trademarks, illustrations, photographs,
audio clips, music, sounds, pictures, videos, software, or other forms and formats
now known or later invented. In using this Website, you must respect the intellectual
property rights of SCCA and others, all as outlined below. Your unauthorized use
of Content may violate copyright, trademark, privacy, publicity, communications,
and other laws, and any such use may result in your personal liability, including
potential criminal liability.
COPYRIGHTS
All Content is copyrighted, and it is either owned or used with permission by
SCCA. SCCA disclaims any representation or warranty that your unauthorized use of
Content will not infringe upon rights of third parties not owned by or affiliated
with SCCA.
Except as set forth in this User Agreement or in the text of this Website, you
may not reproduce, distribute, publish, transmit, modify, adapt, translate, display,
distribute, sell, license, publicly perform, prepare derivative works based upon,
or otherwise use or exploit the Content. You may download one copy of portions of
the Content in temporary storage on one personal computer for your personal, non-commercial,
non-political, non-networked viewing and use only, provided you do not delete or
change any copyright, trademark, or other proprietary notices. The foregoing limited
right does not give you any ownership of any Content. Except as expressly provided
above, nothing contained in this User Agreement may be construed as conferring to
you (by implication, estoppel, or otherwise) any license or right to any Content
under any copyright or any other intellectual property right.
SCCA respects the intellectual property rights of others. If you believe that
your work has been infringed by means of an improper posting or distribution of
it via this Website, then please see the paragraph below entitled Procedure for
Alleging Copyright Infringement.
TRADEMARKS
The trademarks, logos, and service marks displayed on this Website are owned by
SCCA and third parties, and this Website’s trade dress is owned by SCCA (collectively,
the “Trademarks”, which also constitute Content). All Trademarks not owned by SCCA
are the property of their respective owners, and are used with permission. Nothing
contained on this Website may be construed as granting, by implication, estoppel,
or otherwise, any right or license to use any Trademark.
YOUR COMMUNICATION WITH SCCA
SCCA likes to hear from you. However, in your communications with SCCA, please
keep in mind that, unless it specifically requests them, SCCA does not accept or
consider any ideas or suggestions relating to products, services, marketing plans,
or any other matters.
Any such submissions and any questions, comments, answers, suggestions, or the
like submitted by you to SCCA via this Website or by fax, mail, or otherwise, or
transmitted, posted, or uploaded by you to this Website (collectively, “Your Submissions”)
will be treated as non-confidential and nonproprietary, and SCCA will not assume
any responsibility, obligation, or liability for them or for SCCA’s receipt or non-receipt
of them. SCCA’s receipt of Your Submissions is not an admission by SCCA of their
novelty, priority, or originality, and it does not impair SCCA’s right to contest
existing or future intellectual property rights relating to Your Submissions.
You grant SCCA a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable
right and license to reproduce, distribute, publish, transmit, modify, adapt, translate,
display, distribute, sell, license, publicly perform, prepare derivative works based
upon, and otherwise use or exploit Your Submissions throughout the world in any
and all media. You represent and warrant that: (a) you have the right and authorization
to make the foregoing grant without the consent of any third party, and (b) Your
Submissions are accurate and, as permitted to be used by SCCA in this User Agreement,
do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you
consent to receive communications from us electronically. Furthermore, you agree
that all agreements, notices, disclosures, and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
USE RESTRICTIONS
You agree that you will not: (a) use this Website for any commercial or political
purpose (including, without limitation, for purposes of advertising, soliciting
funds, collecting product prices, or selling products); (b) monitor, gather, or
copy Content on this Website by using any robot, “bot”, spider, crawler, spyware,
engine, device, software, extraction tool, or any other automatic device, utility,
or manual process of any kind; (c) frame or utilize framing techniques to enclose
any Trademark or other proprietary information (including, without limitation, any
images, text, or page layout); (d) use any meta tags or any other “hidden text”
utilizing any Trademarks; (e) engage in any activities through or in connection
with this Website that seek to attempt to harm minors or are unlawful, offensive,
obscene, threatening, harassing, or abusive, or that violate any right of any third
party; or (f) engage in any activity that interferes with a user’s access to this
Website or the proper operation of this Website. You also agree that, in using this
Website, you will not impersonate any person or entity.
COMMUNITY AREAS: CODE OF CONDUCT
SCCA may elect to offer community features on this Website, such as message or
bulletin boards, forums, and chat rooms. In such events, SCCA will not assume any
obligation to monitor, filter, censor, edit, or regulate information or content
provided by you or third parties on this Website, although SCCA reserves the right
to do so in its sole discretion. SCCA does not endorse, warrant the accuracy or
reliability of, or assume any liability in connection with any such information
or content provided by users or other third parties.
As to any information or content that you upload or post to this Website, you
represent and warrant to SCCA that you have the right and authorization to do so
without the consent of any third party. You also agree not to upload or post to
this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive,
violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or
other harmful items, or (c) content with a commercial purpose (such as offers to
sell products or services or attempts to solicit funds or advertise products or
services).
SCCA reserves the right, in its sole discretion, to adopt additional rules in
any community area and to condition access to any such community features by any
individual or group in accordance with age, geographic, or other criteria, to deny
or restrict access by any individual or group who fails to meet that criteria or
by anyone who fails to comply with our criteria or rules at any time, and to change
or modify the criteria or rules at any time. SCCA also reserves the right (but does
not assume any obligation), in its sole discretion, to delete any postings on this
Website that violate this User Agreement and to deny access by any user to this
Website.
INVESTIGATIONS; COOPERRATIONS WITH LAW ENFORCEMENT; TERMINATION
SCCA reserves the right, without any limitation whatsoever, to: (a) investigate
any suspected breaches of its Website security or its information technology or
other systems or networks, (b) investigate any suspected breaches of this User Agreement,
(c) involve and cooperate with law enforcement authorities in investigating any
such matters, (d) prosecute violators of this User Agreement to the full extent
of the law, and (e) discontinue this Website or terminate your access to it at any
time, without notice, for any reason and without any obligation to you whatsoever.
PRIVACY AND SECURITY MEASURES
SCCA must collect certain information in order to operate this Website and to
fulfill your requests or enable participation in certain online activities. But
SCCA respects the privacy of its visitors.
We have adopted reasonable security measures to protect against the loss, misuse,
and alteration of the personal information under our control. We use Secure Sockets
Layer technology to protect credit card data during transmission, and adopt careful
internal procedures to safeguard this information in our system. Vendors, service
providers, and others who help us make this Website and our products and services
available must sign confidentiality agreements; they are not permitted to use personal
information except in connection with their services to SCCA. Nevertheless, we cannot
guarantee complete security of personal information.
DISCLAMERS AND LIMITATIONS OF LIABILITY
This Website may include technical inaccuracies or other errors, and your use
and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU “AS
IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCCA DOES NOT WARRANT THAT THIS
WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR
USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN
YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER
ITEM, THEN SCCA WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING SENTENCES, SCCA WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE.
THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART
OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above exclusions
may not apply to you.
Residents of California are entitled to the following specific consumer rights
information: you may contact the Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080,
Sacramento, California, 95814, or by telephone at 916.445.1254. California residents
expressly agree to waive California Civil Code Sec. 1542, which states: “A general
release does not extend the claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.”
LINKS BY YOU TO THIS SITE
You are granted a limited, non-exclusive, revocable right to create hyperlinks
to
this Website, so long as: (a) the links are only to the home page of this Website,
or to specific news stories, (b) the links only incorporate text, and do not use
any Trademark graphics and (c) the links and related content on your site do not
portray SCCA or its products or services in a false, misleading, derogatory, or
otherwise offensive matter.
LINKS ON THIS SITE TO AND FROM OTHER SITES
This Website may contain links to or from third-party sites (“Linked Sites”),
including, without limitation, sites operated by advertisers, licensors, licensees,
and promotional and business partners of SCCA. SCCA has no control over the content
of Linked Sites, and SCCA does not assume any obligation to review any Linked Sites.
SCCA does not endorse, approve, or sponsor any Linked Sites, or any content, advertising,
information, materials, products, services, or other items on or available on or
from them, and SCCA disclaims all liability in connection therewith. Any activities
you engage in connection with a Linked Site is subject to the privacy policy, conditions
of use, and other terms imposed by the operator of the Linked Site and SCCA disclaims
all liability in connection therewith.
BANNERS, ADVERTISEMENTS AND PROMOTIONS
We reserve the right to post banners, advertisements, promotions, and similar
content throughout this Website. Any interactions, correspondence, and business
dealings that you have with any advertisers and other third parties found on or
through this Website (including via Linked Sites) are solely between you and the
third party (including, without limitation, issues related to the content of third
party advertisements, payments, delivery of goods, warranties, and the like). SCCA
disclaims all liability in connection with therewith.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINDGEMENT
SCCA will respond appropriately to notices of alleged copyright infringement that
comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below.
If you own copyrights in a work and believe that your intellectual property rights
in that work have been infringed by an improper posting or distribution of it via
this Website, then send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) the URL of the site and a description of where the material that you claim
is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing
material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information
in your notice is accurate, and that you are the copyright owner (or, if you are
not the copyright owner, then your statement must indicate that you are authorized
to act on the behalf of the owner of an exclusive right that is allegedly infringed);
and,
(vii) your electronic or physical signature.
SCCA will only receive DMCA notices by mail or e-mail at the addresses below:
By Mail: SCCA, Inc.
PO Box 19400
Topeka, Kansas 66619
Attention: Webmaster
By E-Mail: webmaster@SCCA.com
SCCA may elect to not respond to DMCA notices that do not comply with all of the
foregoing requirements, and SCCA may elect to remove allegedly infringing material
that comes to its attention via notices that do not comply with the DMCA. If you
have additional questions you may telephone SCCA at 785.357.7222.
GENERAL PROVISIONS
A. Indemnity
You agree to indemnify, defend, and hold harmless SCCA (which includes SCCA’s
affiliates and subsidiaries) and its officers, employees, agents, business partners,
licensors, and licensees from any damages, liabilities, costs, and expenses (including
reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding
made or brought against any such party, or on account of the investigation, defense,
or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
SCCA may, in its sole discretion, make changes to any aspect of this Website,
including, without limitation, any content, any activities available on this Website,
and any products or services offered through this Website. SCCA may also, in its
sole discretion, revise this User Agreement by updating or revising this document,
with the revised terms taking effect as of the date of its posting. Continued use
of this Website following the effective date of any such changes constitutes your
acceptance of those changes.
C. Operation of Website; Availability of Products and Services
SCCA controls and operates this Website from its headquarters in Topeka, Kansas
in the United States of America, and SCCA makes no representation that this Website
is appropriate or available for use beyond the United States of America. If you
use this Website from other locations, you are responsible for compliance with applicable
local laws.
D. Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this User Agreement
not otherwise resolved between you and SCCA will be settled solely by binding arbitration
in accordance with the Commercial Arbitration Rules of the American Arbitration
Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures
for Consumer-Related Disputes. Any such controversy or claim will be arbitrated
on an individual basis, and will not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration will be conducted in Los
Angeles, California, and judgment on the arbitration award may be entered into any
court having jurisdiction of it. Any claim or cause of action that you may have
with respect to this Website, the Content, or this User Agreement must be commenced
within one year after the claim or cause of action arises or it will be forever
barred. Any action or proceeding by SCCA relating to your access to, or use of,
this Website or any Content in accordance with this paragraph will be instituted
in state or federal court in Kansas. Accordingly, you consent to the personal jurisdiction
of the courts in Kansas with respect to all matters relating to your access to or
use of this Website and the Content and waive your rights to removal or consent
to removal. This User Agreement will be governed by and construed in accordance
with the laws of the State of Kansas, without regard to its conflicts of law provisions.
The foregoing provisions of this paragraph will not apply to any legal action taken
by SCCA to recover damages for, or seek an injunction in connection with, any loss,
cost, or damage (or any potential loss, cost, or damage) relating to this Website,
any Content, SCCA’s operations, and/or SCCA’s products or services caused by your
act or failure to act.
E. Severability
If any provision of this User Agreement is deemed unlawful, void, or unenforceable
for any reason, then that provision will be deemed severable from the remainder
of this User Agreement and will not affect the validity or enforceability of the
remainder of this User Agreement.