By browsing and using this Internet Site ("Site") you are agreeing to be bound by the User Terms and Conditions of Use set forth below (the "Terms and Conditions"). Dale Earnhardt, Inc. may revise the Terms and Conditions from time to time and it is your responsibility to review the Terms and Conditions each time you access this Site.
Use of Materials
You may print or have printed by a third party any downloadable material contained on this Site provided that the following three conditions are met: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; (iii) the material is not altered in any manner.
Copyrights, Trademarks and Other Proprietary Rights
The content of this Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, is the property of Dale Earnhardt, Inc. and its affiliates ("DEI's Proprietary Material") unless otherwise noted. DEI's Proprietary Material is protected under the laws of the state of North Carolina in the United States and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from DEI's Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use DEI's Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Dale Earnhardt, Inc.
Except with respect to the limited license to download and print certain material from this Site for non-commercial and personal use only, nothing contained on this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to use any of DEI's Proprietary Material. All rights, title and interest in and to all aspects of DEI's Proprietary Material remain the exclusive property of Dale Earnhardt, Inc..
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE OR TIMELY.
DALE EARNHARDT, INC. RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER DALE EARNHARDT, INC. NOR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO YOU FOR ANY DAMAGES, HARM OR INJURY WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT DALE EARNHARDT, INC. OR ANY OF ITS AFFILIATES HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Dale Earnhardt, Inc. and its affiliates from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorney's fees) arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the
Terms and Conditions.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the state of North Carolina. You irrevocably consent to the jurisdiction of the courts located in the state of North Carolina for any action to arising from or relating to the Terms and Conditions or your browsing or use of this Site.
Communications with this Site
Any communication or other content that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will be treated as non-confidential and non-proprietary. By transmitting content to this Site, you automatically grant to Dale Earnhardt, Inc. a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that Dale Earnhardt, Inc. and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that Dale Earnhardt, Inc. need not provide any compensation or acknowledgment to you in exchange for any such use.You agree not to transmit to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, pornographic, or profane content, or any other content that could constitute or encourage conduct that would violate any law. Dale Earnhardt, Inc. and its affiliates will fully cooperate with any law enforcement authorities or court order requesting or directing Dale Earnhardt, Inc. and its affiliates to disclose the identity of, help identify, or locate anyone transmitting any such content.Dale Earnhardt, Inc. and its affiliates may pre-screen or monitor content transmitted to this
Site by third parties. If notified, Dale Earnhardt, Inc. and its affiliates may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, Dale Earnhardt, Inc. and its affiliates are under no obligation to remove content transmitted by third parties from this Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Dale Earnhardt, Inc. and its affiliates assume no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site.
The Information We Collect
At our site, you may now or in the future be able to order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. You may also be able to submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift online and want it sent directly to the recipient, you might submit the recipient's name and address. The types of personally identifiable information that may becollected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.
At certain parts of our site, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site's activities and
offerings.We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows '95 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).
How We Use the Information
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, advertisements, programs or services that we believe may be of interest to you. We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them. The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services. If you choose to submit content for publication (e.g., questions for an online chat guest), we may publish your screen name and other information you have provided to us (e.g. transcript of the chat, including your question). We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services. We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in
response to a law enforcement agency's request.Agents and contractors of daleearnhardtinc.com who have access to personally identifiable information are required to protect this information in a manner that is consistent with thisPrivacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for daelearnhardtinc.com.Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that is collected will never be disclosed in a manner that is inconsistent with this Privacy Notice.
We may also disclose personally identifiable information to companies whose practices are not covered by thisprivacy notice (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit
organizations) that want to market products or services to you. If our site shares personally identifiable information, it will provide you with an opportunity to opt out or block such uses. For more information, please see the "Opt-Out" provision listed below. We may on occasion combine information we receive online with other information and outside records to enhance our ability to market to you those products or services that may be of interest to you. If you prefer not to receive marketing information from this site, you may follow the "unsubscribe" instructions provided on any marketing e-mail you receive from this site. Finally, daleearnhardtinc.com will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.
Collection of Information by Third-Party Sites and Sponsors
You are under no obligation to provide us with any personal information requested by our Site, but without it we may not be able to fulfill some types of requests. If you do not want your personal information collected, simply do not submit it through the Site. In areas of the site where you are registering for premium content we will ask you for personal information for authentication and verification purposes.We may share anonymous aggregated data with other companies that we do business with for market research purposes. For example, we may report to an affiliate that a certain percentage of our Site's users are between the ages of 21-25.
Data Collected Automatically
When you visit our Site, your Internet browser will automatically send us your Internet Protocol ("IP") address and information such as the type of browser you use, the date and time you accessed our Site, and the IP address of the Web site from which you linked to our Site. We may use this information to give you access to the Site, to tailor your experience on our Site, to display content customized to your preferences, and to otherwise administer the Site.Like many companies, we may store information on your computer in the form of a "cookie". A cookie may tell us whether you have visited our Site before and what pages on our Site you have viewed. Thecookies we use do not collect any personal information about you, provide us with any way to contact you, or extract any information from your computer. With most Internet browsers, you can erase cookies from your hard drive, block all cookies, or receive a warning before a cookie is stored on your computer. Please refer to your Internet browser's instructions or Help Screen to learn more about these options.
No Collection of Personal Data from Children
DEI will not knowingly: (i) collect any information from minors without their parent's or guardian's consent, or (ii) provide any personal information collected from children to any third party.
DEI may send you information that you request or respond to your e-mails to us. If you would prefer not to receive direct communications from us, you can opt out of this at the time of information collection. Or, if you decide to have your name removed from our mailing list at a later date, you may do so by sending an e-mail to firstname.lastname@example.org with the word "UNSUBSCRIBE" in the subject line.
Review and Correction of Your Information
If for any reason you are concerned that the personal information about you that is maintained by DEI is incorrect, please contact us by e-mail at webmaster@ daleearnhardtinc.com and we will be happy to update or remove your personal information accordingly. We may continue to retain your information in our files due to technical and legal requirements, constraints related to the security, integrity and operation of our Site or to resolve disputes.
Our Site may offer links to other sites. We encourage our users to be aware when they leave our Site and to read theprivacy and other policies of the sites they visit. Please be aware that we are not responsible for other companies' policies or practices.
DEI has taken steps to make all information received from our on-line visitors as secure as possible against unauthorized access and use. All information is protected by our security measures, which are periodically reviewed and updated. Please be aware, however, that it may be possible for others to read messages that you send over the Internet, so do not send any information by e-mail
that you would like to keep confidential.
Amendment of Policy
DEI approaches Internet communications with a strong commitment to individual privacy rights and concerns. As the Internet evolves, our policy will continue to change and develop. We therefore reserve the right to amend this PrivacyPolicy at any time with or without notice. Please check this page periodically for changes.
If you have any questions about our Terms and Conditions of Use / Privacy Statement, and/or the practices of this Site, please contact us at by e-mail at email@example.com.Links to Other Sites This Site contains links to third party Web sites. These links are provided solely for your convenience. Dale Earnhardt, Inc. and its affiliates do not endorse the content of any such third party Web site, have not reviewed all material linked to any such site, and are not responsible for the content of any such site. Your accessing and viewing of any such third party site is conducted at your own risk.
Dale Earnhardt, Inc. makes no claims that the content of this Site is appropriate or may be downloaded outside of the United States of America. If you access this Site from outside of the United States of America, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that Dale Earnhardt, Inc. and its affiliates intend to make such products or services available in all countries. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of any such provision or any other provision.
© 2009-2001 Dale Earnhardt, Inc. All rights reserved.