Terms of Use

Welcome to the Internet site (the “Site”) of Darlington Raceway LLC (“DAR;” referred to herein as "we," "us," or "our"). PLEASE REVIEW THE FOLLOWING TERMS THAT GOVERN YOUR USE OF THIS SITE.

ACCEPTANCE OF TERMS THROUGH USE
The Site is provided as a service to our customers and may be used for informational purposes only. We make no representations about the suitability of the Site for any other purpose.

By using or visiting the Site, you expressly agree to be bound by all terms set forth below (the "Terms of Use"), as well as the Privacy Policy. If you do not agree to the Terms of Use and Privacy Policy, please do not use or visit the Site. DAR reserves the right to change these Terms of Use at any time, effective upon posting on the Site.  Please check the Terms of Use and Privacy Policy periodically for changes.  If you violate these Terms of Use, we may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.

SITE CONTENT
All materials contained in 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 DAR. The Contents are protected by trademark, trade dress, copyright, and/or other intellectual property rights of DAR 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 DAR or third party licensors.

The Site and the Contents are intended solely for your personal informational 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 DAR 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 DAR’ prior written consent. Any use of the Contents on any non-DAR 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. DAR 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 DAR 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.

LAWFUL USE
You agree to use the Site and the Contents for lawful purposes only. For example, you agree not to post on or transmit through the Site any material which: violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene or otherwise objectionable; or encourages conduct that would violate any law or give rise to civil or criminal liability. You agree to abide by the Terms of Use and any additional terms or conditions imposed by DAR or any third-party content providers in connection with the Contents or any other third-party content, software or services available on or through the Site. You agree not to use the Site so as to damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  

DISCLAIMER
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE AND THE CONTENTS, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL, NON-COMMERCIAL USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAR DARCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. DAR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY.

Goods or services neither manufactured nor rendered by DAR are the sole responsibility of the manufacturer or provider of those goods or services. DAR disclaims all warranties and responsibility for those goods and services. The Site may contain links to websites controlled by parties other than DAR. Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. The Site does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer.  We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against DAR or any DAR parent, subsidiaries, limited liability or affiliate companies with respect to such sites and third-party content.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DAR OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, THE CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ISC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

CREDIT CARDS
DAR takes the issue of your privacy seriously. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. Otherwise, we do not share your credit card information with anyone else. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. For more information, please read our Privacy Policy.

INTERNATIONAL USE
DAR 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.

CHOICE OF LAW AND FORUM
These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating in any way to these Terms of Use, the ISC Sites and Contents, or your use thereof shall be filed only in the state or federal courts located in 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.

SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative or original ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that the intent of this policy is to avoid the possibility of misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, artwork or photos. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, at our request, you send certain submissions (such as postings to chat boards, or contest entries) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, DAR property. No Submission shall be subject to any obligation of confidence on DAR’ part and DAR shall not be liable for any use or Disclosure of any Submissions. Without limitation of the foregoing, DAR shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

By posting or submitting content to this site, you (1) grant DAR and its parent, subsidiaries, and affiliates and their licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (2) warrant and represent that public posting and use of that content by DAR will not infringe or violate the rights of any third party.

RISK OF LOSS
All items purchased from the Site 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.

INDEMNIFICATION
Upon request by DAR, you agree to defend, indemnify, and hold harmless DAR, its parent, 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 Site other than as permitted herein. DAR 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 DAR 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.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and DAR with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and DAR with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION
DAR reserves the right, in its sole discretion, to terminate your access and license to all or of the Site with or without notice.
RSS Feeds Terms of Use
USE OF RSS FEEDS
RSS is a free service offered by DarlingtonRaceway.com for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use RSS feeds as provided by DarlingtonRaceway.com, and you may not edit or modify the text, content or links supplied by DarlingtonRaceway.com. For web reprint, transcript or licensing requests for DarlingtonRaceway.com material, please send your request to DarlingtonRaceway.com.

LINK TO CONTENT PAGES
The RSS Service may be used only with those platforms from which a functional link is made available that, when accessed, takes it directly to the display of the full article on the DarlingtonRaceway.com site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable DarlingtonRaceway.com site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable DarlingtonRaceway.com site web page.

OWNERSHIP/ATTRIBUTION
DarlingtonRaceway.com retains all ownership and other rights to any and all DarlingtonRaceway.com logos and trademarks used in connection with the RSS Service.

RIGHT TO DISCONTINUE FEEDS
DarlingtonRaceway.com reserves the right to discontinue using any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds or any reason including, without limitation, your violation of any provision of these Terms of Use. DarlingtonRaceway.com assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS Service in connection with your website.

USE OF RSS FEEDS
RSS is a free service offered by DarlingtonRaceway.com for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use RSS feeds as provided by DarlingtonRaceway.com, and you may not edit or modify the text, content or links supplied by DarlingtonRaceway.com. For web reprint, transcript or licensing requests for DarlingtonRaceway.com material, please send your request to DarlingtonRaceway.com.

LINK TO CONTENT PAGES
The RSS Service may be used only with those platforms from which a functional link is made available that, when accessed, takes it directly to the display of the full article on the DarlingtonRaceway.com site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable DarlingtonRaceway.com site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable DarlingtonRaceway.com site web page.

OWNERSHIP/ATTRIBUTION
DarlingtonRaceway.com retains all ownership and other rights to any and all DarlingtonRaceway.com logos and trademarks used in connection with the RSS Service.

RIGHT TO DISCONTINUE FEEDS
DarlingtonRaceway.com reserves the right to discontinue using any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds or any reason including, without limitation, your violation of any provision of these Terms of Use. DarlingtonRaceway.com assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS Service in connection with your website.