TERMS AND CONDITIONS OF USE |
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Welcome to Speedway.com, owned and operated by Speedway. This Web Site Agreement (the “Agreement”) is between
you and Speedway and its affiliates and subsidiaries (“Company”). You may contact Speedway at
500 Speedway Drive, Enon, Ohio 45323; 937-864-3000; Customer Service Section (email). Use of this Web
site (the “Web Site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement.
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(1) Agreement to Terms. You acknowledge that you have read the terms and conditions of use and that you accept
the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. If you do not agree
to these terms and conditions of use, you may not access or otherwise use this Web Site.
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(2) Use of Information. Company may monitor your use of this Web Site, and may freely use and disclose any
information and materials received from you or collected through your use of the Web Site for any lawful reason or purpose,
consistent with the Privacy Statement posted on this Web Site.
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(3) Modification of Agreement. Company reserves the right, at its sole discretion, to change, modify, add or
remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted
on the Web Site. Use of the Web Site after such notice will be considered an agreement to be bound by any such changes. You should
review this page from time to time to read any changes.
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(4) Copyright Protection and Use of Company Information or Web Site. The Web Site is protected by copyright as a
collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents
of the Web Site are only for your personal use. All materials contained on the Web Site are protected by copyright, and are owned or
controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices,
information, or restrictions contained in any Content on the Web Site. Company does, however, invite you to make a single copy of
information published on the Web Site for your personal, non-commercial use provided that you maintain all copyright and other notices
contained in such Content. Otherwise, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited
without the prior written permission from Company or the copyright holder identified in the individual Contents copyright notice. Company
names, logos, and trademarks may not be otherwise used by you in any manner without the prior written consent of Company.
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(5) Right to Change Web Site. Company may change, suspend or discontinue any aspect of the Web Site at any time, including
the price and availability of any product, Web Site feature, database, or Content. Company may also impose limits on certain features and
services or restrict your access to parts or all of the Web Site without notice or liability. Company reserves the right, in its sole discretion,
to refuse service or cancel orders.
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(6) Your Warranties to Company. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or
distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site,
(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy
or publicity or any other proprietary right, (v) contain a virus or other harmful component (vi) contain any information, software or other material
of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or
statements of fact; (b) that you are at least eighteen (18) years old; and (c) that you shall not use, access, or modify this Web Site, any of its
content or any of the information or data transmitted through the Web Site for any purpose or in any manner not expressly authorized by these Terms
and Conditions of Use. Speedway reserves the right to pursue any and all civil and criminal remedies for any breach of the warranties contained herein.
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(7) Information on Children. Company does not seek to gather personal information from or about persons under the age of 18
through the Web Site and persons under the age of 18 are requested not to provide personal information to Company through the Web Site without
the involvement of a parent or guardian.
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(8) Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend and hold Company, and all its
officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties') harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants,
including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense
of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
The maximum liability collectively of the Indemnified Parties shall not exceed One Hundred Dollars ($100) for any damages of
any nature, including gross negligence, arising in contract or tort or otherwise.
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(9) No Responsibility for Links. The Web Site contains links and pointers to other World Wide Web Internet
sites, resources, and sponsors of the Web Site. Links to and from the Web Site to other third party sites, maintained by third
parties, do not constitute an endorsement or representation of the accuracy by Company or any of its subsidiaries or affiliates
of any third party resources, or their contents or the conditions respecting the use thereof. Such links do not constitute
sponsorship, endorsement, adoption, or approval of such web sites or their contents by Company. You are responsible for
determining the conditions of use and taking protective measures against viruses when accessing any linked sites.
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(10) User Postings. Company does not and cannot review all materials posted to the Web Site by users, and
Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose
any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.
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(11) No Warranty as to Information. Company does not represent or endorse the accuracy, completeness or reliability
of any description, price, statement, text, graphics, links or other information displayed or distributed through the Web Site,
including those of its affiliates and subsidiaries (collectively “Web Site”). You acknowledge that any reliance upon any such
statement, memorandum, or information shall be at your sole risk and responsibility. Company reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of the Web Site.
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(12) NO WARRANTY. THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY
AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE
OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE,
FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LMTATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR
ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, A VISITOR'S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF A VISITOR'S ACCESS
TO, USE OF, BROWSING IN, OR DOWNLOADING OF ANYTHING FROM, THE WEB SITE. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT
BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
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(13) NO AWARD OF DAMAGES AGAINST COMPANY. IN NO EVENT SHALL COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS WEB SITE OR ANY
LINKED WEB SITE. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS,
OR INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA.
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(14) Use of Your Information. Except as provided otherwise in Company’s
Privacy Statement posted on this Web
Site, by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or
collectively "Communications') to the Web Site, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby
waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of
privacy and publicity, moral rights, and rights of attribution in connection with such Communications. Any visitor to the Web
Site transmitting or providing information to Company via E-mail or otherwise agrees that Company has unlimited rights to such
information and that Company may treat such information as non-confidential and non-proprietary and may use such information
in any way Company chooses without compensation or acknowledgement of its source, except as otherwise restricted by applicable law.
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(15) No Confidential Information. Except as provided otherwise in Company’s Privacy Statement
with respect to certain personal data and financial information, you acknowledge that transmission to and from this Web Site is not confidential
and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential,
fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.
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(16) GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND
EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE
STATE OR FEDERAL COURT LOCATED IN THE STATE OF OHIO. VENUE SHALL BE LIMITED TO THE COUNTIES OF MONTGOMERY, GREENE OR
CLARK, STATE OF OHIO.
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(17) Entire Agreement. This Agreement and the Privacy Statement
constitutes the entire agreement between Company and you with respect to your use of the Web Site. Any cause of action you may
have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder
of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in
any third party materials provided through links from the Web Site. Use of paragraph headings is for information purposes and
do not expand or limit the terms of the paragraphs.
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(18) Dispute Resolution. Except for the right of either party to apply to a court of competent jurisdiction
for injunctive relief, any controversy or claim arising out of or relating to this Agreement, other than as to ownership or
title to intellectual property rights in the proprietary information of Company, shall be settled by arbitration in Springfield,
Ohio, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award
rendered by the arbitrators may be entered in any court having jurisdiction thereof. Arbitration shall be conducted by a panel
of three members, Company and you each selecting one member and the third member, who shall be chairperson, selected by agreement
between the other two members. The chairperson shall be an attorney-at-law, and the other members shall have a background or
training in computer law, computer science, or marketing of computer products. The arbitrators shall have the authority to
grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. If an
arbitrator lawfully awards damages to you, such damages shall not exceed one hundred dollars ($100).
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(19) See also Company’s Privacy Statement.
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