Terms of Use for Michigan International Speedway TicketsThese Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of the Michigan International Speedway Tickets online functionality ("Michigan International Speedway Tickets"), and all of the services provided by it (collectively, the "Services", provided to you by Tickets.com, Inc. ("Tickets.com") in conjunction with International Raceway, LLC d/b/a Michigan International Speedway ("Michigan International Speedway ")). By registering to use the Services, you acknowledge that you have read and understand this Agreement and expressly agree to comply with and be bound by the provisions of this Agreement. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement between you, Michigan International Speedway and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or Michigan International Speedway may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms of Use on this website. Any revised, modified or amended Terms of Use will be deemed effective once you visit this website or otherwise use the Services after such terms are posted. By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of Michigan International Speedway and/or Tickets.com, as such may be amended from time to time, including, without limitation, those terms and conditions printed on Michigan International Speedway event admission tickets ("Tickets"), (2) the terms, conditions and policies set forth in the Michigan International Speedway Tickets Frequently Asked Questions, and (3) the Terms of Use and Privacy Policy applicable to the Michigan International Speedway official website(s), each of which is incorporated as part of this Agreement by this reference. Any new features or functionality that augment or enhance My Michigan International Speedway Tickets in the future shall be considered part of My Michigan International Speedway Tickets and subject to these Terms of Use. If you register for or use additional features available as a part of My Michigan International Speedway Tickets, additional terms and conditions, rules, policies and disclaimers may apply. Purchases made through My Michigan International Speedway Tickets and the Services are subject to the Michigan International Speedway purchase policy (the "Purchase Policy") as well as the ticket license agreement. Specifically, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, represent the same to be true: 1. Eligibility and Registration. In order to participate in Michigan International Speedway Tickets you must first register with Michigan International Speedway Tickets. To qualify for registration, you must be at least 18 years of age. By registering with Michigan International Speedway Tickets, and accessing the Services, you are representing to us that you are at least 18 years of age. Michigan International Speedway or Tickets.com may suspend or terminate your Michigan International Speedway Tickets account if you are not qualified to use the Services. 2. Accuracy of Information. You agree, and by using the Services you represent and warrant that the information you provide to anyone in connection with your use of the Services (including, without limitation, Michigan International Speedway or Tickets.com) is true and accurate in all respects. Neither Tickets.com nor Michigan International Speedway guarantees the truth or accuracy of any statements or representations made by Michigan International Speedway Tickets users. Neither Tickets.com nor Michigan International Speedway will be liable or bear any responsibility for statements made by other Michigan International Speedway Tickets users. 3. Michigan International Speedway Ticket Holders and Applicable Events. Not all Ticket accounts holders of record are authorized by Michigan International Speedway to use Michigan International Speedway Tickets to forward any Ticket through Forward. Only Tickets for Michigan International Speedway events as designated by Michigan International Speedway from time to time may be forwarded through Forward. 4. Specific Terms Governing Use of Forward. If you forward a Ticket through Forward, you agree to be bound to the following terms. If you are a qualified Michigan International Speedway Tickets account holder of record and are forwarding a Ticket, you are referred to below as the "Sender". If you are receiving a forwarded Ticket, you are referred to below as the "Recipient".
5. Termination of Participation. Michigan International Speedway may, in their sole discretion, and at any time, terminate, suspend or restrict your use of the Services immediately and without notice, with or without cause, including without limitation, if Michigan International Speedway determines that (A) you have violated the terms of this Agreement or any other applicable terms, conditions or restrictions, (B) you have violated, or attempted to violate, the rights of other Michigan International Speedway Tickets participants, (C) you have violated any policy, rule, regulation or direction of Michigan International Speedway relating to Michigan International Speedway, as each may be amended from time to time by Michigan International Speedway in their sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation or order, including without limitation, any such law, statute, ordinance, rule, regulation or order regarding fraudulent activity. Neither Tickets.com, nor Michigan International Speedway will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (i) you will cease use of the Services, (ii) any of your Ticket transactions for future event dates may be cancelled, (iii) set-offs and debits may be taken against your account, and (iv) any other actions available to Michigan International Speedway or Tickets.com at law or in equity may be taken against you. 6. Legality of Transaction. Neither Michigan International Speedway, nor Tickets.com makes any assurance that the Services complies with applicable Federal, state, municipal or other local law or regulation. Users of the Services assume all risk in connection with any transaction conducted with the Services. 7. Trademarks. No ownership or other rights in or to the trademarks and copyrighted material contained on any of this Website or the Michigan International Speedway Websites is granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever. 8. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NEITHER TICKETS.COM, NOR MICHIGAN INTERNATIONAL SPEEDWAY WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THIS WEBSITE OR THE MICHIGAN INTERNATIONAL SPEEDWAY WEBSITES (OR ANY SERVERS THAT MAKE THE SERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER MICHIGAN INTERNATIONAL SPEEDWAY, NOR TICKETS.COM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM, OR MICHIGAN INTERNATIONAL SPEEDWAY, OR AN AUTHORIZED REPRESENTATIVE OF TICKETS.COM, OR MICHIGAN INTERNATIONAL SPEEDWAY WILL CREATE A WARRANTY OF ANY KIND. 9. LIMITATION OF LIABILITY. NEITHER TICKETS.COM, OR MICHIGAN INTERNATIONAL SPEEDWAY OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SPONSORS OR PROMOTIONAL PARTNERS WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (I) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM, OR MICHIGAN INTERNATIONAL SPEEDWAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MICHIGAN INTERNATIONAL SPEEDWAY TICKETS PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, OR MICHIGAN INTERNATIONAL SPEEDWAY OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES WHATSOEVER. 10. INDEMNITY. UPON REQUEST BY MICHIGAN INTERNATIONAL SPEEDWAY AND/OR TICKETS.COM, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MICHIGAN INTERNATIONAL SPEEDWAY, TICKETS.COM, THEIR RESPECTIVE PARENTS, SUBSIDIARIES, LIMITED LIABILITY AND OTHER AFFILIATED COMPANIES, AND 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 THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND/OR MY MICHIGAN INTERNATIONAL SPEEDWAY TICKETS OTHER THAN AS PERMITTED HEREIN. EACH OF MICHIGAN INTERNATIONAL SPEEDWAY AND TICKETS.COM RESERVES THE RIGHT, AT IT 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 MICHIGAN INTERNATIONAL SPEEDWAY OR TICKETS.COM, AS APPLICABLE, 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. 11. Compliance with Laws. You agree that you will not use the Services for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders regarding ticketing. 12. No Guarantee of Security. Neither Tickets.com, or Michigan International Speedway guarantees secure access to either the Michigan International Speedway or the Michigan International Speedway Tickets Website and none of Michigan International Speedway, nor Tickets.com assures the security of any information provided by you in connection with the Services. 13. Password Use. In order to use the Services you will be required to register with Michigan International Speedway Tickets, and as part of such registration, you will receive a user name and password. You agree not to give your username or password to anyone you do not authorize to use the account. You are solely responsible for maintaining the confidentiality of your user name and password and are solely responsible for all actions that occur under your user name and password. 14. General. This Agreement will be governed in all respects by the laws of the State of Michigan without regard to conflict of law principles. You agree that any action arising out of or relating to these terms will be submitted to binding arbitration, held in Brooklyn, Michigan, pursuant to the Commercial Rules of the American Arbitration Association and that the terms of such action, the names of the parties, all documents filed in connection with such arbitration and any award by the arbitrator (or other resolution of such matter) will be confidential. This Agreement sets forth the entire understanding and agreement between the parties with relation to the subject matter of this Agreement and it is understood that there are no oral representations, understandings or agreements covering the same subject matter as this Agreement. In case any provision of this Agreement will be invalid, illegal or unenforceable, such provision will be severed from this Agreement and the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. Headings in this Agreement are used for convenience of reference only and will not in any way define or affect the meaning, construction, or scope of the provisions captioned. No delay of, or omission in the exercise of any right, power or remedy accruing to Michigan International Speedway, nor Tickets.com under this Agreement will impair any such right, power or remedy, nor will it be construed as a waiver of any future exercise of any right, power or remedy. This Agreement and the Michigan International Speedway 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 this Agreement, the Michigan International Speedway website 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. This Agreement shall be interpreted according to its express terms, with no presumptions against the drafting party. 15. 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. 16. My Michigan International Speedway Tickets Content. Each All materials contained in websites for My Michigan International Speedway Tickets (collectively, 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 International Speedway Corporation ("ISC"). The Contents are protected by trademark, trade dress, copyright, and/or other intellectual property rights of ISC 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 ISC 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 materials in a manner that suggests an association with ISC 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 ISC’ prior written consent. Any use of the Contents on any non-ISC 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. ISC 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 ISC 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. ISC reserves complete title and full intellectual property rights in any Content you download from this website. 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 ISC. 17. International Use. Neither Michigan International Speedway, Tickets.com nor ISC 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. 18. Risk of Loss. All items purchased from the website 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. |