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Autobahn Motorsports has created this privacy
statement in order to demonstrate our firm commitment to the privacy
of our visitors and customers. The following discloses our information
gathering and dissemination practices for this Web site: Autobahn
Motorsports.
Browsing
We collect certain information when you visit Autobahn Motorsportsª
to improve the quality of your experience. The information that we
collect depends upon where you travel within our site. Anytime that
you visit our site to browse, or to read or download information like
our press releases, we collect and store the name of the domain and
host from which you access the Internet (for example, msn.com, aol.com,
etcÉ.); the Internet protocol (IP) address of the computer you are
using; the browser software you use and your operating system; the
date and time you access our site; and the Internet address of the
website from which you linked directly to our site.
We use this information to measure the number of visitors to areas
of our site, and to help us make our site more useful and interesting
to our visitors.
Online Registration Request
If you choose to provide more information to us through our online
registration, you may provide your e-mail address and create a password
or provide greater detail, such as your name, address, postal address
and telephone number ("Registration Information"). Your
Registration Information will enable us to provide you information
regarding future products and services that may suit your particular
interests. You may access and modify or remove your Registration Information
by selecting the "Your Account" button on our homepage.
If you remove your Registration Information, we will not use it in
any way.
Product Purchases
If you choose to purchase a product from us, we will collect your
personally identifiable information, such as your name, e-mail address,
billing postal address, shipping postal address, telephone number,
credit card number and expiration date ("Purchase Information")
in order to properly process your purchase. You may not modify or
remove your Purchase Information - even if you cancel or return your
product order - as it is necessary to maintain a record of your initial
product purchase.
Online Surveys and Contests
Our online surveys ask visitors for contact information (like their
name, e-mail address and mailing address) and demographic information
(like age, or income level). We use contact data from our surveys
to send users information about our company and promotional material
from some of our partners. The customer's contact information is also
used to contact the visitor when necessary and shared with other companies
who may want to contact our visitors or when legally required to do
so. Users may opt-out of receiving future mailings; see the choice/opt-out
section below. Demographic and profile data is also collected at our
site. We use this data to tailor our visitor's experience at our site,
showing them content that we think they might be interested in and
displaying the content according to their preferences. This information
is shared with advertisers on an aggregate basis. We use vehicle identification,
make and model information to tailor our visitor's experience at our
site, showing them content that we think they might be interested
in, and displaying the content according to their preferences. This
information is shared with advertisers on an aggregate basis.
We run contests on our site in which we ask visitors for contact information
(like e-mail address) and unique identifiers (like member number).
We use contact data from our contests to send users information about
our company and promotional material from some of our partners. The
customer's contact information is also used to contact the visitor
when necessary and shared with other companies who may want to contact
our visitors. Users may opt-out of receiving future mailings; see
the choice/opt-out section below. Unique identifiers (like member
numbers) are collected from Web site visitors for use as account numbers
in our record system. We use vehicle identification and make and model
information to tailor the visitor's experience at our site, showing
them content that we think they might be interested in, and displaying
the content according to their preferences. This information is shared
with advertisers on an aggregate basis.
Do We Share Your Information?
We will share your Registration Information with third party independent
contractors who will help us provide you Autobahn Motorsportsª product
offers via e-mail and/or regular mail, who are bound not to share
or use our data. Your Purchase information will also be sent to third
party vehicle component merchants in order to fulfill the product
that you ordered; however, these parties are contractually bound not
to share your Purchase Information with anyone.
We may sell or exchange your Registration Information or Purchase
Information to third parties who want to market products to you; or
resell your Registration Information to those companies who do.
We may provide certain information in response to subpoenas, court
orders or legal process or in the event that we find that your actions
on our site violate any laws, our terms of use, or any of our usage
guidelines for specific products or services.
How Can You Opt Out?
You may access and modify or remove your Registration Information
by selecting the "Your Account" button on our homepage.
If you remove your Registration Information, we will not use it in
any way. You can also "unsubscribe" by selecting the "unsubscribe"
icon on this Privacy Policy or by choosing the "unsubscribe"
icon on any e-mail that you receive from us.Ê
Email us to unsubscribe info@autobahnmotorsports.com
Public Forums
This site makes chat rooms, forums, message boards, and/or news groups
available to its users. Please remember that any information that
is disclosed in these areas becomes public information and you should
exercise caution when deciding to disclose your personal information.
Links to Other Sites
This site contains links to other sites. It is not responsible for
the privacy practices or the content of such Web sites.
Security
This site has security measures in place to protect the loss, misuse
and alteration of the information under our control. All credit card
information utilizes state-of-the-art Secure Socket Layer (SSL) encryption
technology and SET compliant.
Supplementation Information
This site supplements the information that you provide with information
that is received from third parties.Text,
graphics, the selection and arrangement thereof, and all software
Copyright © 1999-2001 Autobahn Motorsports, Inc. ALL RIGHTS RESERVED.
Permission is granted to view, electronically copy and to print in
hard copy portions of this Web site for the sole purpose of placing
an order with Autobahn Motorsports or using this Web site as a shopping
resource. Any other use of materials on this Web site, including reproduction
for purposes other Autobahn Motorsports those noted above, modification,
distribution, or republication, without the prior written permission
of Autobahn Motorsports, Inc. is strictly prohibited.
Trademarks
AUTOBAHN MOTORSPORTS,
Autobahn Motorsports, Autobahn Motorsports, Inc., and all titles,
characters, names, graphics and icons are service marks, trademarks,
and/or trade dress of Autobahn Motorsports, Inc. All other trademarks,
product names and company names or logos herein are the property of
their respective owners.
Disclaimer
THIS SITE AND ITS
CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS.
AUTOBAHN MOTORSPORTS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
INCLUDING FOR EXAMPLE WARRANTIES OF MERCAUTOBAHN MOTORSPORTSTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, AUTOBAHN MOTORSPORTS
DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA
THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY
INFORMATION IS SUBJECT TO AUTOBAHN MOTORSPORTS WITHOUT NOTICE.
Autobahn Motorsports
obtains item photographs, information and prices indirectly from manufacturers.
This sometimes includes taking the information directly from items.
We do not investigate to determine if the information is not accurate
nor can we provide assurance that all data entry was done without
error. If manufacturers' Autobahn Motorsports design or quality we
cannot be certain that we will update the information. Accordingly
the information displayed on the Web site is not guaranteed to be
100% accurate and the actual item Manufacturer considered the authoritative
source.
Except as specifically
stated on this site, neither Autobahn Motorsports nor any of its directors,
employees or other representatives will be liable for damages arising
out of or in connection with the use of this site. This is a comprehensive
limitation of liability that applies to all damages of any kind, including
(without limitation) compensatory, direct, indirect or consequential
damages, loss of data, income or profit, loss of or damage to property
and claims of third parties.
Autobahn Motorsports respects
the privacy of our customers. Any and all information captured on
this web site is for internal use by Autobahn Motorsports only. From
time to time Autobahn Motorsports may sponsor free-giveaways, contests,
or other related events, which require the collection, processing
and storage of your personal information to be used for the events.
Autobahn Motorsports may also sponsor events along with other companies,
in which case the member's personal information is likely to be released
with other participating companies. Membership information will not
be released to third-party or non-participating companies without
the user's consent, and Autobahn Motorsports will request that those
companies of such events uphold the privacy of the member's personal
information.
You can be confident that the information you give us will be kept
internally and in strict confidentiality.
Copyright and Trademark
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips and software, is the property of
Autobahn Motorsports or its suppliers and protected by U.S. and international
copyright laws. Any unauthorized use of the materials appearing on
this site may violate copyright, trademark and other applicable laws
and could result in criminal or civil penalties. All software used
on this site is the property Autobahn Motorsports or its software
suppliers and protected by U.S. and international copyright laws and
may not be reproduced, modified, distributed, transmitted, or republished.
Disclaimer
Some images may be slightly different from the actual body kit. Images
may also resemble other manufactures body kits, but are not to be
confused. The ideas and concepts portrayed in this website do not
reflect on any other manufactures outside of Autobahn Motorsports.
The images in this website is property of Autobahn Motorsports and
any unauthorized duplication is prohibited. Autobahn Motorsports is
not liable for any misspellings or errors in this website. Products
are for off road use only and are not intended for street use.
Copyright © 2000 Autobahn Motorsports
Autobahn Motorsports Privacy Policy
Autobahn Motorsports, and its advertisers and affiliates are deeply
committed to protecting the privacy of Internet users. Below is information
outlining our continued support for the responsible management of
consumer information.
Consumer Information
During the process of delivering an ad to you, Autobahn Motorsports
does not collect any personally identifiable information about you
such as name, address, phone number, or e-mail address. However, Autobahn
Motorsports does obtain some types of non-personally identifiable
information such as the Internet Service Provider you use to connect
to the Internet, your browser type, or the type of computer operating
system you use.Ê The information collected by Autobahn Motorsports
is used for the purpose of targeting ads and measuring ad effectiveness
on behalf of our advertisers.
If you would like additional information about the types of non-personally
identifiable information that is collected by Autobahn Motorsports,
contact Autobahn Motorsports.
In some cases, you may voluntarily provide personal information in
response to a specific ad (this ad may ask you to fill out a survey
or provide your zip code). If this does occur, Autobahn Motorsports
may collect this information on behalf of an advertiser. This information
is used by an advertiser to respond to your request. In addition,
Autobahn Motorsports may combine this information with other users'
information and review it in an aggregate form to understand the type
of individuals who view a specific type of ad or visit a particular
kind of website.
Data Collection and Opt Out
Autobahn Motorsports, as well as most sites on the Internet, use
"cookies" to Autobahn Motorsports your experience on the
web. Autobahn Motorsports cannot use these cookies to personally identify
you in any way. What are cookies and why do we use them? A cookie
is a unique number that is provided to you the first time Autobahn
Motorsports serves you an ad. This unique number, which is stored
in a cookie file on your computer, helps Autobahn Motorsports target
ads to you. This cookie can help Autobahn Motorsports ensure that
we don't serve you the same ad multiple times, and help our advertisers
understand what you like and don't like about their offerings so that
they can cater better to your needs the next time you are interested
in their products or services. While we believe that cookies Autobahn
Motorsports your Internet experience by limiting the number of times
you see the same ad and delivering more relevant content to you, they
are not required for Autobahn Motorsports to deliver you an ad.
If you do not want the benefit of cookies, there is a simple procedure
to manually delete your cookies. Please consult your web browser's
Help documentation for more information.
Opt Out Procedure
If you would like to "opt out," that is, to prevent
any data from being stored by Autobahn Motorsports.
If you have any additional questions about Autobahn MotorsportsÕ
dedication to consumer privacy, please contact us.
What else should I know about my privacy when
online?
The Autobahn Motorsports network of Web sites contains
many links to other Web sites. Autobahn Motorsports is not responsible
for the privacy practices or the content of such Web sites. Autobahn
Motorsports does not share any of the individual personal information
you provide Autobahn Motorsports with the sites to which Autobahn
Motorsports links, although Autobahn Motorsports may share aggregate
data with such Web sites (such as how many people use our Site).
Please check with those sites to determine their privacy
policy.
Please keep in mind that whenever you voluntarily disclose
personal information online - for example through e-mail, discussion
lists, or elsewhere - that information can be collected and used by
others. In short, if you post personal information online that is
accessible to the public, you may receive unsolicited messages from
other parties in return.
Ultimately, you are solely responsible for maintaining
the secrecy of your personal information. Please be careful and responsible
whenever you're online.
Your
Consent To This Agreement
By using our Web site, you consent to the collection
and use of information by Autobahn Motorsports as specified above.
If we decide to Autobahn Motorsports our privacy policy, we will post
those Autobahn Motorsports on this page so that you are always aware
of what information we collect, how we use it, and under what circumstances
we disclose it.
The Autobahn Motorsports network of Web Sites and related
Internet media properties (the "Site") is an online information
service provided by Autobahn Motorsports corporation (ÒAutobahn Motorsports"),
subject to your compliance with the terms and conditions set forth
below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SITE. AUTOBAHN MOTORSPORTS MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws
protect the entire contents of the Site. The owners of the intellectual
property, copyrights and trademarks are Autobahn Motorsports, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to Autobahn Motorsports or delete
any copyright or proprietary notices from the materials. You agree
to grant to Autobahn Motorsports a non-exclusive, royalty-free, worldwide,
sub licensable, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to Autobahn Motorsports
by all means and in any media now known or hereafter developed. You
also grant to Autobahn Motorsports the right to use your name in connection
with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against Autobahn Motorsports
for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to Autobahn Motorsports.
2. Trademarks.
Wings West, Erebuni, AndyÕs, Xenon, Web Design List,
and/or any other names of Autobahn Motorsports or its Websites, publications,
products, content or services referenced herein or on the Site are
the exclusive trademarks or service marks of Autobahn Motorsports,
including the "look" and "feel" of the Site, Autobahn
Motorsports' color combinations, layout, and all other graphical elements.
Any use of Autobahn MotorsportsÕ trademarks is strictly prohibited
without the express permission from Autobahn Motorsports. Other product
and company names mentioned in the Site may be the trademarks of their
respective owners.
3. Use of the Site.
You understand that, except for information, products
or services clearly identified as being supplied by Autobahn Motorsports,
Autobahn Motorsports does not operate, control or endorse any information,
products or services on the Internet in any way. Except for Autobahn
Motorsports- identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties that are not affiliated with
Autobahn Motorsports. You also understand that Autobahn Motorsports
cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
In connection with your use of the Site, you agree you
will not:
a) Transmit any message, information, data, text, software
or images, or other content ("Material") that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, or otherwise objectionable that may invade another's
right of privacy or publicity;
b) Impersonate any person or entity, including but not
limited to, an Autobahn Motorsports official, forum leader, guide
or host or falsely state or otherwise misrepresent your affiliation
with a person or entity;
c) Post or transmit any Material that you do not have
a right to reproduce, display or transmit under any law or under contractual
or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus
or corrupted data;
e) Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner
that adversely affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or flooding continuous
posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional
materials, "junk mail", "SpamÓ, Òchain letters,"
"pyramid schemes" or any other form of solicitation or any
non-resume information such as opinions or notices, commercial or
otherwise;
h) Violate any applicable local, state, national or international
law;
i) Upload or transmit any Material that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
j) Delete or revise any Material posted by any other
person or entity; or
k) Manipulate or otherwise display the Site by using
framing or similar navigational technology.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE INTERNET. AUTOBAHN MOTORSPORTS PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NO INFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCAUTOBAHN MOTORSPORTSTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCAUTOBAHN
MOTORSPORTSDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND AUTOBAHN MOTORSPORTS SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCAUTOBAHN MOTORSPORTSDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER
THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT
YOUR RISK. AUTOBAHN MOTORSPORTS HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL AUTOBAHN MOTORSPORTS BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF AUTOBAHN MOTORSPORTS OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
AUTOBAHN MOTORSPORTSÕ LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access
to and use of the Site and all charges related thereto.
5. Indemnification.
You agree to indemnify, defend and hold harmless Autobahn
Motorsports, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Site from
and against all losses, expenses, damages and costs, including attorneys'
fees, resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or your use and access of the Site.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and
5 (Indemnification) are for the benefit of Autobahn Motorsports and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Site. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
7.Term; Termination.
Either party without notice may terminate this Agreement
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification),
6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination
of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree
to comply with all local rules including, without limitation, rules
about the Internet, data, e-mail, or privacy. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings
with any third party found on or through the Site, regarding the payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such third party. You agree that Autobahn Motorsports
shall not be responsible or liable for any loss, damage or other matters
of any sort incurred as the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links
to non-Autobahn Motorsports Internet World Wide Web sites or resources.
Because Autobahn Motorsports has no control over such sites and resources,
you acknowledge and agree that Autobahn Motorsports is not responsible
for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Autobahn Motorsports shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods or services available on
or through any such site or resource.
11. Miscellaneous.
Any cause of action or claim you may have with respect
to the Site must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is barred.
Autobahn MotorsportsÕ failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. Autobahn Motorsports may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain
projections or other forward-looking statements regarding future events
or the future financial performance of Autobahn Motorsports Corporation.
We wish to caution you that these statements are only predictions
and that the actual events or results may differ materially. The company
files documents from time to time with the Securities and Autobahn
Motorsports Commission, specifically, our most recent prospectus.
These documents contain and identify important factors that could
cause the actual results to differ materially from those contained
in our projections or forward-looking statements. They include, among
others, potential fluctuations in quarterly results, retention and
dependence on personnel; dependence on Internet advertising and a
limited number of advertisers, rapid technological and market Autobahn
Motorsports, competition, risks associated with Internet infrastructure,
volatility of stock price, limited protection of intellectual property,
and future growth subject to risks.
1. ACCEPTANCE OF TERMS
Autobahn Motorsports provides its service to you, subject
to the following Terms of Service ("AUTOBAHN MOTORSPORTS"),
which may be updated by us from time to time without notice to you.
You can review the most current version of the AUTOBAHN MOTORSPORTS
at any time at: http://www.autobahnmotorsports.com.Ê In addition, when using particular Autobahn
Motorsports services, you and Autobahn Motorsports shall be subject
to any posted guidelines or rules applicable to such services, which
may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the AUTOBAHN MOTORSPORTS. If
you are a homesteader on Autobahn MotorsportsÕ Service, please note
that Autobahn Motorsports provides a different for you. Autobahn Motorsports
also may offer other services from time to time, such as Autobahn
Motorsports. Store and Autobahn Motorsports! Site that are governed
by different Terms of Services.
2. DESCRIPTION OF SERVICE
Autobahn Motorsports currently provides users with access
to a rich collection of on-line resources, including, various communications
tools, online forums, shopping services, personalized content and
branded programming through its network of properties (the "Service").
Unless explicitly stated otherwise, any new features that augment
or Autobahn Motorsports the current Service, including the release
of new Autobahn Motorsports properties, shall be subject to the AUTOBAHN
MOTORSPORTS. You understand and agree that the Service is provided
"AS-IS" and that Autobahn Motorsports assumes no responsibility
for the timeliness, deletion, miss-delivery or failure to store any
user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access
device. Please be aware that Autobahn Motorsports has created certain
areas on the Service that contain adult or mature content. You must
be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Autobahn Motorsports has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Autobahn Motorsports has the right to suspend
or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof). Autobahn Motorsports
is concerned about the safety and privacy of all its users, particularly
children. For this reason, parents of children under the age of 13
who wish to allow their children access to the Service must create
an Autobahn Motorsports Family Account. When you create an Autobahn
Motorsports Family Account and add your child to the account, you
certify that you are at least 18 years old and that you are the legal
guardian of the child/children listed on the Autobahn Motorsports
Family Account. By adding a child to your Autobahn Motorsports Family
Account, you also give your child permission to access all of the
Services including, email, message boards, clubs, instant messages
and chat (among others). Please remember that the Service is designed
to appeal to a broad audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) is appropriate for
your child.
4. AUTOBAHN MOTORSPORTS PRIVACY POLICY
Registration Data and certain other information about
you are subject to our Privacy Policy. For more information, see our
full privacy policy at http://www.autobahnmotorsports.com
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account, and
are fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify Autobahn Motorsports
of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the
end of each session. Autobahn Motorsports cannot and will not be liable
for any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not Autobahn Motorsports, are
entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. Autobahn Motorsports
does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will Autobahn Motorsports be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
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a.
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Upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
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b.
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Harm minors in any way;
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c.
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Impersonate any person or entity, including,
but not limited to, an Autobahn Motorsports official, forum
leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
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d.
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Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service;
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e.
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Upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
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f.
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Upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights")
of any party;
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g.
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Upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "Spam," "chain
letters," "pyramid schemes," or any other form
of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
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h.
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Upload, post, email, transmit or otherwise make
available any material that contains software viruses or any
other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
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i.
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Disrupt the normal flow of dialogue, cause a
screen to "scroll" faster t Autobahn Motorsports other
users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage
in real time Autobahn Motorsports;
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j.
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Interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to
the Service;
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k.
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"Stalk" or otherwise
harass another; or
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l.
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Collect or store personal
data about other users.
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You acknowledge that Autobahn Motorsports does
not pre-screen Content, but that Autobahn Motorsports and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without
limiting the foregoing, Autobahn Motorsports and its designees shall
have the right to remove any Content that violates the AUTOBAHN MOTORSPORTS
or is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by Autobahn Motorsports or submitted to Autobahn
Motorsports, including without limitation information in Autobahn
Motorsports! Message Boards, Autobahn Motorsports!
Clubs, and in all other parts of the Service.
You acknowledge and agree that Autobahn Motorsports
may preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the AUTOBAHN MOTORSPORTS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Autobahn Motorsports, its users and
the public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) Autobahn Motorsports
to conform and adapt to technical requirements of connecting networks
or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
8. PUBLIC CONTENT POSTED TO AUTOBAHN MOTORSPORTS
(a) For purposes of the AUTOBAHN MOTORSPORTS, "publicly
accessible areas of the Service" are those areas of the Autobahn
Motorsports network of properties accessible by the general public.
By way of example, a publicly accessible area of the Service would
include public Autobahn Motorsports! Clubs and Autobahn Motorsports!
Message Boards, but would not include private Autobahn Motorsports!
Clubs, private Autobahn Motorsports communication services such as
Autobahn Motorsports! Mail or Autobahn Motorsports! Messenger, or
areas off of the Autobahn Motorsports network of properties such as
portions of World Wide Web sites that are accessible through Autobahn
Motorsports!
(b) With respect to Content, you elect to post for
inclusion in publicly accessible areas of Autobahn Motorsports! Clubs
or that consists of Autobahn Motorsports or other graphics you elect
to post to any other publicly accessible area of the Service, you
grant Autobahn Motorsports the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content on the
Service solely for the purpose of displaying, distributing and promoting
the specific Autobahn Motorsports! Club to which such Content was
submitted, or, in the case of Autobahn Motorsports or graphics, solely
for the purpose for which such photo or graphic was submitted to the
Service. This license exists only for as long as you elect to continue
to include such Content on the Service and shall be terminated at
the time you delete such Content from the Service.
(c) With respect to all other Content you elect
to post to other publicly accessible areas of the Service, you grant
Autobahn Motorsports the royalty-free, perpetual, irrevocable, non-exclusive
and fully sub licensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or technology
now known or later developed.
9. INDEMNITY
You agree to indemnify and hold Autobahn Motorsports,
and its subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the
Service, your violation of the AUTOBAHN MOTORSPORTS, or your violation
of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Autobahn Motorsports may
establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages that
may be sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted
on Autobahn MotorsportsÕ servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that Autobahn Motorsports has
no responsibility or liability for the deletion or failure to store
any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that Autobahn Motorsports
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that Autobahn Motorsports
reserves the right to Autobahn Motorsports these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Autobahn Motorsports reserves the right at any
time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice.
You agree that Autobahn Motorsports shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that Autobahn Motorsports, in its sole
discretion, may terminate your password, account (or any part thereof)
or use of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of
use or if Autobahn Motorsports believes that you have violated or
acted inconsistently with the letter or spirit of the AUTOBAHN MOTORSPORTS.
Autobahn Motorsports may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service
under any provision of this AUTOBAHN MOTORSPORTS may be effected without
prior notice, and acknowledge and agree that Autobahn Motorsports
may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that Autobahn Motorsports
shall not be liable to you or any third-party for any termination
of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that Autobahn Motorsports shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the
Service.
15. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
Autobahn Motorsports has no control over such sites and resources,
you acknowledge and agree that Autobahn Motorsports is not responsible
for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Autobahn Motorsports shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on
or through any such site or resource.
16. AUTOBAHN MOTORSPORTS ÕPROPRIETARY RIGHTS
You acknowledge and agree that the Service and
any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or copyrights,
trademarks, service marks, patents or other proprietary rights and
laws protect information presented to you through the Service or advertisers.
Except as expressly authorized by Autobahn Motorsports or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or
in part.
Autobahn Motorsports grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified versions
of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access
the Service by any means other Autobahn Motorsports through the interface
that is provided by Autobahn Motorsports for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. AUTOBAHN MOTORSPORTS
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCAUTOBAHN
MOTORSPORTSTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AUTOBAHN MOTORSPORTS MAKES
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTOBAHN MOTORSPORTS OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE AUTOBAHN MOTORSPORTS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT AUTOBAHN MOTORSPORTS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUTOBAHN MOTORSPORTS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION
FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or
join any service, receive or request any news, messages, alerts or
other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18
again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt.
The Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
Autobahn Motorsports shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made
available via the Service, and shall not be responsible or liable
for any trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made
via either email or regular mail. The Service may also provide notices
of Autobahn Motorsports to the AUTOBAHN MOTORSPORTS or other matters
by displaying notices or links to notices to you generally on the
Service.
22. COPYRIGHTS and COPYRIGHT
AGENTS
Autobahn Motorsports respects
the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Autobahn MotorsportsÕ
Copyright Agent the following information:
An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest;
A description of the copyrighted
work that you claim has been infringed;
A description
of where the material that you claim is infringing is located on the
site;
Your address, telephone number,
and email address;
A statement
by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
A statement by you made under
penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
23. GENERAL INFORMATION
The AUTOBAHN MOTORSPORTS constitute
the entire agreement between you and Autobahn Motorsports and govern
your use of the Service, superceding any prior agreements between
you and Autobahn Motorsports. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The AUTOBAHN MOTORSPORTS
and the relationship between you and Autobahn Motorsports shall be
governed by the laws of the State of California without regard to
its conflict of law provisions. You and Autobahn Motorsports agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of Monterey Park, California. The failure
of Autobahn Motorsports to exercise or enforce any right or provision
of the AUTOBAHN MOTORSPORTS shall not constitute a waiver of such
right or provision. If any provision of the AUTOBAHN MOTORSPORTS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the AUTOBAHN MOTORSPORTS rem |