Terms of Use

DAN HORAN RACING TEAM TERMS OF USE

Last Modified: August 4, 2018

Welcome!  You have arrived at danhoranracing.com or other website or mobile Internet site operated by the Dan Horan Racing Team (“DHRT”, “we” or “us”).   (Each website or mobile Internet site governed by these Terms of Use shall be referenced as a “Website.”)  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of any Website, including any content, functionality and services offered on or through such Website whether as a guest or a registered user.  In some instances, both these Terms and a separate terms of use setting forth additional terms and conditions may apply to a service or product offered via the Websites (“Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

 

1. Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use any of our Websites. By using any of our Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.danhoranracing.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use any of our Websites.

Our Websites are offered and available to users who are 18 years of age or older. By using our Websites, you represent and warrant that you are of legal age to form a binding contract with DHRT. If you do not meet this requirement, you must not access or use the Websites.

 

PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN THE COUNTY OF LOS ANGELES, CALIFORNIA, WAIVE ANY RIGHT TO JURY TRIAL, AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US.   Please review the Governing Law, Arbitration and No Class Actions section of these Terms of Use for complete details.

 

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of any Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Websites.

Your continued use of any Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

3. Accessing the Websites and Account Security

We reserve the right to withdraw or amend our Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

You are responsible for:

*  Making all arrangements necessary for you to have access to the Websites.

*  Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access a Website or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of a Website that all the information you provide on the Website is correct, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of any Website (or any portion thereof).  You agree that all information you provide to register with a Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information in order to access a Website or certain pages of a Website, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We will not be liable for any harm related to disclosure of your user name or password or the use by anyone else of your user name or password.

If you register on a Website and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights (including access) to your Account.  Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Furthermore, you are entirely responsible for any and all activities (including purchases) that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware.  We may require you to change your user name and/or password if we believe your Account is no longer secure or if we receive a complaint that your user name violates someone else’s rights.

You will have no ownership in your Account or your user name. We may refuse registration, cancel an account or deny access to a Website for any reason.

We have the right to refuse registration, cancel an Account, deny access to a Website, or disable any Account, user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use or for any other reason.

 

4. Intellectual Property Rights

The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DHRT, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:

*  Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

*  You may store files that are automatically cached by your Web browser for display enhancement purposes.

*  You may print or download one copy of a reasonable number of pages of a Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

*  If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

*  If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

*  Modify copies of any materials from any Website.

*  Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

*  Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from any Website.

You must not access or use for any commercial purposes any part of a Website or any services or materials available through a Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of a Website in breach of the Terms of Use, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to any Website or any content on a Website is transferred to you, and all rights not expressly granted are reserved by DHRT. Any use of a Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

5. Trademarks

The DHRT name, DHRT logo and all related names, logos, product and service names, designs and slogans are trademarks of DHRT or its affiliates or licensors. You must not use such marks without the prior written permission of DHRT. All other names, logos, product and service names, designs and slogans on our Websites are the trademarks of their respective owners.

 

6. Prohibited Uses

You may use our Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate DHRT, a DHRT employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Websites, or which, as determined by us, may harm DHRT or users of our Websites or expose them to liability.

 

Additionally, you agree not to:

• Use our Websites in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of our Websites, including their ability to engage in real time activities through the Websites.
• Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites or to cache, frame, mask extract data from, copy or distribute any content or data from the Websites.
• Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
• Modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use any content or data from the Websites in any way for any public or commercial purpose except as specifically permitted by these Terms of Use or DHRT without the prior written consent of DHRT.
• Use any device, software or routine that interferes with the proper working of the Websites.
• Introduce any virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites.
• Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Websites.

 

7. Promotions

The Websites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions.  It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

 

8. Streaming Video Content and Digital Media

(a) Streaming Video Content.  We may, in our discretion, provide to you code (the “Embed Code”) allowing you the ability to stream certain digital music and media content (the “Streaming Content”) from our Websites to a personal web page or social networking profile page (“Personal Page”) on which you embed such Embed Code.  Should we provide such Embed Code, it will be identified as code intended for such purpose, and DHRT grants you a limited, non-exclusive, non-transferable, revocable license to embed such Embed Code solely upon web-sites owned or controlled by you, solely for purposes of streaming digital music and media content provided from the Websites in order to display the Streaming Content.  For any Streaming Content that we make available on a Website, we grant you a revocable permission, subject to the restrictions in these Terms of Use, and any applicable Additional Terms, to include the Embed Code as provided by us (without editing) for inclusion only on your Personal Page and only on a site that: (i) permits you to post the Streaming Content there; and (ii) does not have terms of use or other conditions that purport to give that site operator any interest or right in or to our Embed Code or Streaming Content other than to obtain a limited, terminable right to host the Streaming Content and permit its normal operation.  You may not frame the Streaming Content nor include any “pre-roll” or “post-roll” video in connection with such Streaming Content.  You may not redistribute or assign any right or title in the Embed Code.  You may not use the Embed Code for commercial purposes.  You agree that you shall not include the Embed Code in such a way to permit the copying, modification, or creation of derivative works of any Streaming Content.  You agree not to display the Streaming Content in connection with any material or content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or any content or material that would constitute or encourage a criminal offense, violates the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality.  Your use of the Streaming Content may display our trademarks contained in the Steaming Content or Materials made available thereby, but we control the use thereof and all goodwill associated with such use enures exclusively to us.  As described below, we make no specific warranties about Streaming Content and we may discontinue providing the services necessary for the Streaming Content to operate at any time for any reason without any liability to you.  In addition, we may disable Streaming Content that you include on your Personal Page(s) if you violate these Terms of Use (as determined by us in our sole discretion), or for any or no reason, without any liability to you.  You agree that our permission to you to use Streaming Content on your Personal Page does not provide you (or any third party) with any intellectual property rights, including copyrights, in or to the Streaming Content or the Materials made available.  You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in Streaming Content (including any video player) that are designed to prevent users from copying, manipulating or retaining the Streaming Content.

(b) Software and Other Items Available For Download.  Any items that we make available for download or use from the Websites and/or our servers, including, without limitation, the Digital Media Purchases (the “Downloadable Items”) are the copyrighted work of DHRT or its licensors or suppliers. You may not use the Downloadable Items for commercial purposes. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items.  Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS.  Note that if you install certain applications that may be available via the Websites, you consent to the download of software to your computer and accept these Terms of Use and any Additional Terms related to such application.  The Websites may provide updates to the Downloadable Items for feature, security or other enhancements from time to time.  You agree to hold DHRT harmless in the event of damage to your device used to access the Websites or data that may result from your use of the Downloadable Items.

 

9. Information You Submit

(a) User Content.  The Websites may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, and other communication (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to DHRT or the Websites, including, without limitation, Designs (defined below), photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).

(b) Terms Applicable to User Content.  Except as otherwise described in our posted Privacy Policy, or other agreement on the Websites at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.  You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant DHRT these licenses.  Upon DHRT’s request, you will furnish DHRT any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.  You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to DHRT.

(c) License to DHRT for User Content.  You grant to DHRT the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.  You further agree that DHRT is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Websites or DHRT, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind.  You further perpetually and irrevocably grant DHRT the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you.  You also grant to DHRT the right to sub-license and authorize others to exercise any of the rights granted to DHRT under these Terms of Use; and each such third party will be entitled to benefit from the rights and licenses granted to DHRT under these Terms of Use.  You further authorize DHRT to publish your User Content in a searchable format that may be accessed by users of the Websites and the Internet.  Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

(d) DHRT’s Obligations Regarding User Content.  You agree that DHRT has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content.  You further acknowledge and agree that DHRT will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and DHRT may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that DHRT reserves the right to treat User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which DHRT will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules (defined below) when notice of such violations are directed to DHRT’s attention.

DHRT is not in any manner responsible for the User Content.  Any opinions, advice, statements, or other information contained in User Content made available on the Websites are those of the respective author(s) or distributor(s) and not of DHRT. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content.

 

You acknowledge that by providing you with the ability to view User Content on the Websites, DHRT is not undertaking any obligation or liability relating to any such User Content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law.  User Content posted may not be maintained on the Websites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide.  You agree and understand that DHRT is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.

 

(e) Your Obligations Regarding User Content.  You agree that you need to evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content.  As DHRT may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.

 

10. User Forums Usage Rules

As a user of the Websites, you agree that these User Forums Usage Rules (“Rules”) are here to help you understand the conduct that is expected of individuals who participate in User Forums, including any social networking opportunities on the Websites.  Your participation in the User Forums is subject to all the Terms of Use, including these Rules.  We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Websites and may disregard any User Content that, in our sole discretion, violates these Rules or the Terms of Use, or that we otherwise find objectionable.  Please follow these Rules as you upload any User Content:

(a) User Content has to be yours.  All User Content has to be original, not copied from someone else’s work, and you have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Websites and elsewhere.

(b) No pictures or images of anyone but you, your friends and family.  If you choose to upload photos to the Websites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know – but only with their express permission to submit it.

(c) Please act appropriately.  Express yourself with non-offensive individual self-expression.  Be respectful of others opinions and comments so we can continue to build User Forums for everyone to enjoy.  If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Websites.  Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited.  Your User Content may not threaten, abuse or harm others.  Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.  If you discover content that violates these Terms of Use, you may report such abuse by clicking on the “report abuse” buttons located throughout the Websites.

(d)  Don’t upload third party materials.  Your User Content should not contain any visible logos, phrases or trademarks or other third party materials.  Do not use any User Content that belongs to other people and pass it off as your own.  This includes any content that you might have found elsewhere on the Internet.

(e)  Does your User Content contain music?  Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.

(f) Do not use the User Forums for commercial purposes.  Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone, any organization, any business or for a pyramid or other multi-tiered marketing scheme.

(g)  Do not upload User Content that is inappropriate or illegal.  Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it.  If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.

(h) No violence.  Your User Content may not promote violence or describe how to perform a violent act.

(j) Be honest and do not misrepresent yourself or your User Content.  Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.

(j)  Others are watching.  We hope that you will use the User Forums to exchange information and content and have discussions with other members.  However, please remember that the User Forums is a public forum and User Content that you post on the User Forums will be accessible and viewable by other users.  Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).

(k)  Don’t share other people’s personal information.  Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.   You may not harvest personally identifiable information about the Websites’ users.

(l)  Don’t damage the Websites or anyone’s computers.  User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Websites or any computer system.  You may not gain unauthorized access to any computer system or nonpublic portion of the Websites or interfere with or disrupt the Websites, servers or networks connected to the Websites.

We reserve the right to request at any time proof of the permissions referred to above in the sections starting “User Content has to be yours”, “No pictures or images of anyone but you and your friends and family” and “Does your User Content contain music?” in a form acceptable to us.  Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Websites.

 

11. User Interactions and Disputes

You are solely responsible for your interaction with other users of the Websites, whether online or offline.  We are not responsible or liable for the conduct of any user.  We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.  Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

 

12. Copyright Policy

You may not use the Websites for any purpose or in any manner that infringes the rights of any third party.  In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (text at http://www.copyright.gov), DHRT has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA.  We have a policy of terminating the Accounts of users who (in our reasonable discretion) are repeat infringers.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DHRT’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.  Here is the contact information for our DMCA agent:

 

C/O Dan Horan Racing Team

2035 Financial Way

Glendora, CA 91741

danhoranracingteam@gmail.com

 

It is often difficult to determine if your intellectual property rights have been violated.  We may request additional information before we remove any infringing material.  If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

13. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

The Websites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on a Website.
• Send e-mails or other communications with certain content, or links to certain content, on a Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, if any. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause a Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of a Website other than the homepage.
• Otherwise take any action with respect to the materials on a Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

14. Links from the Website

If a Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.  YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.  DHRT ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

15. DHRT Tickets, Credentials and Merchandise

The additional terms & conditions in this section govern the purchase and use of tickets and credentials at DHRT events (each an “Event”), and govern purchase and use of any DHRT merchandise.  .  Please check this section periodically for changes. Your continued use of any DHRT ticket and credentials following the posting of changes to this section means you accept those changes.

 

(a)             Tickets.

 

All tickets sales are final.  There are no refunds or exchanges.  Please safeguard your tickets – lost tickets may not be able to be replaced.   All fans who will enter an Event and/or occupy a seat must have a ticket for admission to an Event.

Event dates and times are subject to change.  For updated Event dates and times, please check the host venue website. In the event of a weather-related delay or cancellation, please refer to the host venue website for the most up to date information.   Ticket stubs must be retained throughout the Event, and your ticket stub and a valid hand stamp will be required for re-entry into an Event.

There is no fee for accessing any of our Websites to buy tickets and viewing free content including the content of third parties that we display.  You may browse our Websites without registering for an account. You will be required to register for an Account to use certain features of the Websites, such as purchasing a ticket.

 

(b)            Placing Orders for Tickets and Merchandise

 

All prices for tickets and merchandise listed on our Websites are subject to change.  In the event a ticket or merchandise item is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit or payment card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit or payment card account in the amount of the charge.  Please note that the colors of items and merchandise may depend on your monitor and may not be correctly displayed. Please keep in mind that while we might offer a variety of merchandise, and other products and service offerings for sale on our Websites, we cannot guarantee availability at a particular time; and certain products or services available in our stores might not be available on our Websites, and vice versa.  We reserve the right to change our merchandise and other products and service offerings, both in-store and online, at any time.  We also reserve the right to change contents, features and offerings, and adjust accessibility of our Websites from time to time in our discretion.

You need a valid credit or payment card (except to the extent we permit purchases with  PayPal, gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for tickets or merchandise through our Websites.  You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so.  You may be asked to supply certain information relevant to your transaction including, without limitation, your credit or payment card number, the expiration date of your credit or payment card, your billing address, and your shipping information.   By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Websites.  You understand that we will not be liable in the event that others acting with or without your permission use your credit or payment card to make purchases on the Website.

You are urged to review all web pages displayed during your completion of a purchase. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction.  DHRT reserves the right to add fees to all ticket orders and further reserves the right to change or adjust these fees at any time in its sole discretion.

When purchasing tickets, you may be linked to a third-party site (e.g. Ticketmaster, Tickets.com, etc.) which is not affiliated with this Website or DHRT.  WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and conditions that you will find on these third party websites.

If you decide to purchase tickets or other merchandise, you agree to pay, in addition to the price for the ticket or merchandise, other fees and charges that we may impose, including but not limited to: convenience fees, processing fees, method of delivery fees and other miscellaneous fees. The amount of each fee may vary, depending on the tickets or merchandise you purchase and the method you select to receive your tickets or merchandise.

Fees and charges, including (but not limited to) charges for issuance, reissuance, convenience, handling, processing, shipping, delivery, (including but not limited to, charges for mailing or other delivery), and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit.

 

(c)             Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline your order for any reason.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.  Your order is not accepted until we send you shipping or delivery information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit or payment card account in the amount charged for the cancelled portion or the quantity not provided (if your credit or payment card has already been charged for the order) or (b) we will not charge your credit or payment card for the cancelled portion of the order or the quantity not provided.

(d)            NOTICES AND WARNINGs TO TICKET/ CREDENTIAL HOLDER

 

By buying or using a DHRT ticket or credential, you agree to the following (in addition to the Disclaimer of Warranties and Limitation on Liability in sections 19 and 20 below):

(i)  YOU ASSUME ALL RISKS AND DANGER of property damage, personal injury, death, and all other hazards related in any way to attending any DHRT Event, anywhere at the facility and at all times before, during or after the races. Dangers include flying objects, vehicles, other people, conditions at the facility, and unforeseen hazards. You agree that DHRT, track owners and operators, racing participants, and each of their respective officers, owners, officials, sponsors, contractors, employees and agents shall not be liable for any loss, damage, or injury to you and you hereby release them from all claims for liability arising from your attendance at or participation in any DHRT Event.  Be alert for hazards at all times.

(ii)  The DHRT ticket or credential is a revocable and limited license that DHRT may end at any time. No resale on Event premises. No resale over face value. No refunds or exchanges, including service charge or other fees.  Event, date and time are subject to change.

 

(iii) You consent to reasonable searches at DHRT Events and Event premises for alcohol, drugs or other prohibited items.

(e)            Recordings at DHRT Events

(i)  Recordings by DHRT.  DHRT, its assignees or permittees may record, use, reproduce, exhibit and publicly display your voice, image or likeness in any live or recorded video or audio recording, display, photograph, or other transmission, image or reproduction of all or part of any Event, and in any programs, videos, audio recordings, publications, advertisements or promotional materials, in all media, anywhere, forever.

(ii)  Recordings by You.  YOU CAN TAKE PHOTOGRAPHS OR MAKE AUDIOVISUAL RECORDINGS OR IMAGES AT DHRT EVENTS AND ON EVENT PREMISES ONLY FOR YOUR PRIVATE USE. DHRT owns all Events and all sights, sounds, occurrences, results and statistics, copyrights, trademarks, rights of publicity and other proprietary rights related to each Event (the “DHRT Content”).  DHRT is the exclusive owner of all rights to publicize, transmit in any way, whether to the public or not, and exploit, whether commercially or not, the DHRT Content.  Therefore, you will not record or transmit any DHRT Content (including content recorded or photographed by you) other than for your private, non-public use.  You will not directly or indirectly through third parties sell, offer to sell, post, distribute, disseminate, publish, display, exhibit, broadcast, rebroadcast, upload, or stream any of DHRT Content by any means whatsoever such as the internet, radio, television, mobile device,, data accessory, live streaming or transmission technology, or any other media, social media, film, video recording, photographic image(s), webcast or broadcast (delayed or live), or digital recording.  If you violate this license by posting, distributing or publicly performing any DHRT Content to, for example, YouTube or any other Internet, social media, mobile or other site, even a personal site with limited access, you agree to take down and grant consent for DHRT to have taken down any such DHRT Content upon DHRT’s request to you or any third-party (such as the relevant online service provider).

16. Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

The Websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DHRT, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DHRT. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

17. Changes to the Websites

We may update the content on a Website from time to time, but the content is not necessarily complete or up-to-date. Any of the material on a Website may be out of date at any given time, and we are under no obligation to update such material.

18. Information About You and Your Visits to the Websites

All information we collect on our Websites is subject to our Privacy Policy. By using a Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

19. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or a Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF A WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  DHRT, ITS PARENT(S), SUBSIDIARIES OR AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS,SHAREHOLDERS, AGENTS, LICENSORS, VENDORS, SERVICE PROVIDERS, AND CONTRACTORS (COLLECTIVELY, THE “DHRT PARTIES”) MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER DHRT NOR ANY OTHER DHRT PARTY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT A WEBSITE OR THE SERVER THAT MAKES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE DHRT PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

BY ACCESSING OR USING THE WEBSITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITES.

20. Limitation on Liability

IN NO EVENT WILL THE DHRT OR ANY OTHER DHRT PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification

You agree to defend, indemnify and hold harmless DHRT and the DHRT Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to:  (a) your violation of these Terms of Use; (b) your use of the Websites, including, but not limited to, any use of the Websites’ content, services and products other than as expressly authorized in these Terms of Use; (c) your use of any information obtained from the Websites, (d) your User Content; and (e) the DHRT Parties’ use of information you provide through the Websites. Notwithstanding the foregoing, the DHRT Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this section.  The DHRT Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the DHRT Parties.

22. Location of Websites and Territorial Restrictions

The information provided on the Websites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DHRT to any registration requirement within such jurisdiction or country.  DHRT controls and operates the Websites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Websites are appropriate for use or access in other locations.  Anyone using or accessing the Websites from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable.  We reserve the right to limit the availability of the Websites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

23. Termination

DHRT reserves the right to terminate your access to and use of the Websites, including, without limitation your Account, in its sole discretion, without notice and liability, including, without limitation, if DHRT believes your conduct fails to conform with these Terms of Use.  DHRT also reserves the right to investigate suspected violations of these Terms of Use, including, without limitation, any violation arising from any e-mails you send to the Websites or DHRT.  Any violation, or potential violation, of these Terms of Use may be referred to law enforcement authorities.

Upon termination of your access to the Websites and/or your Account, or upon demand from DHRT, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the Websites, including links to the Websites.

24. Governing Law, Arbitration and No Class Actions

(a) Governing Law.  All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California.

(b)  ARBITRATION.  YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY DHRT PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES (OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.).  BECAUSE THE SITES PROVIDED TO YOU BY DHRT CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES.  HOWEVER, APPLICABLE CALIFORNIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES.  THE ARBITRATION SHALL TAKE PLACE IN THE CITY OF LOS ANGELES, CALIFORNIA.  THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED).  YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

(c) NO CLASS ACTIONS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS, OR OTHER FEATURES OFFERED ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS OF USE.

25. Miscellaneous

No waiver of by DHRT of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DHRT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  You agree that these Terms of Use will not be construed against DHRT by virtue of having drafted them.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and DHRT with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

DHRT may assign its rights and duties under these Terms of Use to any party at any time without any notice to you. These Terms of Use may not be assigned by you without DHRT’s prior written consent.

 

26. Your Comments and Concerns

 

The Websites are operated by:

 

Dan Horan Racing Team

13773 De Foe Avenue

Sylmar, CA 91342

 

All feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: danhoranracingteam@gmail.com

Thank you for visiting one of our Websites.