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Terms and Conditions

Must Read Our 

 

ARC Racing Structural Functionalism to understand our policies of each program event ARC Racing has to offer.

Codes and Regulation to understand our policies of safety and to further understand each ARC program events.

Flag Symbols to understand our policies of the ARC Racing flagging system.

Sportsmanship to understand our policies of good and bad sportsmanship.

ARC Events
Policy

Cancellation: Codes 1-3

1. ARC Racing runs rain or shine. All sale events are final, no cancellations or refunds. Drivers take full responsibility in carefully registering for an ARC Event. If you have any questions or concerns, please feel free to contact ARC Racing officials.

 

2. If an ARC Event is canceled by ARC Racing due to inclement weather or any other legitimate reason, ARC Racing will issue a refund to registrant drivers. Mechanical inspection failure at or immediately preceding the event are not grounds for cancellation. [see code 5]

 

3. ARC Racing will not be responsible for drivers who mistakenly registered without properly reading our Terms and Conditions that may lead to improperly understanding our policies therefore cancellation or refund are not subjected to a refund. [see code 6].

 

Etiquette and Ejection: Codes 4

4. We reserve the right to eject any driver who may demonstrate unsafe or otherwise inappropriate etiquette both on and off the racetrack with no refund. ARC Racing takes the safety of our ARC Drivers seriously, especially our beginner ARC Drivers. Drivers who failed to adhere to our policies may be subject to reprimand, ejection or permanently banned from ARC Racing. Driver meetings must be watched through our ARC Etiquette or attend a driver meeting in person to understand our ARC Structural Functionalism, Flag Symbols, racetrack entry/exit, protocol, speed limits, and general safety.

 

Mechanical Inspection and Equipment Requirements: Codes 5-7

5. All cars must be capable of passing a general inspection by a license or certified ASE mechanic with our [mechanical inspection form]. It is the drivers responsibility to have their vehicle mechanically inspected prior to their ARC Event. ARC Racing will not be doing any vehicle mechanical inspection. 

 

6. ARC Racing [does not permit race cars]. Stock manufacturer vehicles/sport vehicles are permitted to be registered for an ARC Event. Stock manufacturer vehicle/sport vehicles are recommended to be equipped with either 4-point or 5-point (minimum) harness and functional hood latches. Stock manufacturer vehicles/sport vehicles are allowed to be minimally modified.

 

7. Drivers are responsible to regularly check tire pressure each race session because the tire will increase dramatically due to heat cycle when racing on the racetrack, if you are unable to properly check regularly the tire pressure, ask for help from another ARC Driver or an ARC Racing official.
 

Age and Licensing Requirements: Codes 8

8. Anyone may register for an ARC Event without a competition license unless ARC Racing has stated otherwise. If a driver is under the legal age of 18, the minor, guardian and/or license race coach must all read, understand and accept the [minor waiver section].

 

Clothing and Race Gearing Requirement: Codes 9-10

9. ARC Drivers are required to wear closed toe shoes [recommended racing shoe]. ARC Drivers are required to wear a long sleeve shirt, jean or similar pants [recommended race suit]. ARC Drivers are highly encouraged to wear a head restraint and neck brace. ARC Drivers are required to wear either a Dot Approved, Snell rated SA2010 or Snell rated M2010 helmet. ARC Drivers are recommended to own their own helmet in case ARC Racing does not have any available helmet rental.

 

10. ARC Racing recommends bringing your own lunch and plenty of water to your ARC Event. The racetrack may offer dining, fuel, camping and other amenities. ARC Drivers are responsible for doing their own research to find the nearest gas station and convenience store prior to your ARC Event.

Race Coach Assignment: Codes 11

11. If a driver is in need of a race coach assistant, please inform ARC Racing via the app [get in touch] and a race coach may be appointed to you if available regardless of our booking services. Drivers are recommended to book a race coach via our booking services prior to your ARC Event.

Privacy Policy

ARC Racing, LLC. (“ARC Racing”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of (a) our websites, including the ARC Racing mobile applications (the “ARC Racing Mobile Apps”) and our API.

Our Privacy Promise

  • We won’t spam your networks.

  • You control your contacts.

  • We will be open and transparent about how we use your data.

 

Our Services

The Websites, ARC Racing Mobile Apps, the ARC Racing API, and all services provided by ARC Racing via each of the foregoing, now and as they become available in the future are referred to collectively, the “Services”). As part of the Services, ARC Racing organizes and provides efficient means to access and receive updates regarding your contacts that may have been previously dispersed over many different Third Party Platforms and to better manage your email and your calendar, each of which may have entries over various Third Party Platforms. “Third Party Platforms” are email and calendar services such as Gmail and Google Calendar and other similar platforms, from which you authorize us to import your contacts, email, and any additional information. ARC Racing’s Services enable you to access, organize and receive updates about those with whom you have professional relationships, including publicly available information about your professional contacts.

Information We Collect

When you interact with us through our Services, we may collect personally identifiable data (“Personal Data”) and other information from you, as further described below:

Personal Data That You Provide: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to our Services or use certain of our Services. We collect your name and contact information as well as your log-in credentials for each Third Party Platform (the “Third Party Login Credentials”) that you provide us.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us via our Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Company and the authorized third party service providers referred to herein located in the United States and abroad.

Personal Information Collected Automatically:

We receive and store certain types of usage related information whenever you interact with Application. For example, ARC Racing LLC. may automatically receive and record information regarding your computer’s IP address, browser information, Facebook user ID, Facebook Page fan status, and URLs accessed. Such information may be shared in aggregate (non-personally identifiable) form with our partners.

Other Information

Non-Identifiable Data: When you interact with us through our Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information ourselves or such information may be included in databases owned and maintained by our affiliates, agents or third party service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Services, the number of visitors to each page of our web sites, the number of individuals who use certain features of our Services, and the domain names of our visitors’ Internet service providers.

In operating this Service, we may use cookies. Our cookies help provide additional functionality to our Services and help us analyze the use of our Services. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the features of our Services.

Our Services may use third party services, including, without limitation, Google Analytics, a web analytics service provided by Google, Inc. (“Google”) that uses cookies to help us analyze how users use our Services. The information generated by the cookie about your use of our Services (including your IP address) will be transmitted to and stored by Google on our other third party service providers. Google and our other third party service providers use this information for the purpose of evaluating your use of the Services, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Our third party service providers may also transfer this information to third parties where required to do so by law, or where such third parties process the information on their behalf[GP1] .

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of our Services, we sometimes conduct research on our customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.

Use of Your Personal Data and Other Information

We use the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided.. For instance, if you add notes to a contact, we will use the information you provide to give you more information on that contact. Also, if you provide Personal Data in order to obtain access to our Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Any Third Party Login Credentials will be used to provide you third party data in our services and to monitor your interaction behavior to improve our services. ARC Racing and its subsidiaries and affiliates (the “ARC Racing Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the use of our Services to help us improve the content and functionality of our Services to better understand our users and to improve our Services. The ARC Racing Related Companies may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

Our Disclosure of Your Personal Data and Other Information:

ARC Racing is not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with the ARC Racing Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: ARC Racing sometimes engages other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we engage another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: ARC Racing may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Playbook Technology, our users or other third parties, (iii) act in urgent circumstances to protect the personal safety of users of our Services, the public and/or any third party, or (iv) protect against legal liability.

Your Choices:

You have the choice to determine which, if any, Third Party Login Credentials you elect to supply to us. You also have the choice to opt-out of receiving email marketing communications from us. You can also have your Personal Data deleted by submitting a request to ARC Racing support team.

Children:

The Services are not designed for or intended for use by children and ARC Racing does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through our Services.. If you have reason to believe that a child under the age of 13 has provided Personal Data to ARC Racing through this Services, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites:

This Privacy Policy applies only to our Services. Our Services may contain links to other web sites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from our Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Social Media:

Through our Services, you can choose to access certain social media websites and services that are owned and/or controlled by third parties (such websites and services, collectively, the “Social Media Services”). When you elect to access and use the Social Media Services, you will be sharing your information (which will include personal information if you elect to share such information) with those Social Media Services. As with other Third Party Sites, the information that you share with the Social Media Services will be governed by the privacy policies and terms of service of the providers of such Social Media Services and not by the policies and procedures we describe here. You may also be able to modify your privacy settings with these Social Media Services to, for example, control what information the Social Media Services disclose to other entities, including Company. When you add Social Media Service accounts to the Company Services or log into our Services using your Social Media Services account, we will collect relevant information necessary to enable our Services to access that Social Media Service, however you will provide your login information, like your password, directly to such Social Media Service (and not to Company). As part of such integration, the Social Media Service will provide Company with access to certain information that you have provided to such Social Media Service, and we will use, store and disclose such information in accordance with this Privacy Policy and, if and to the extent applicable, the policies of such Social Media Services. However, please remember that the manner in which Social Media Services use, store and disclose your information is governed by the policies of the applicable Social Media Services provider, and, as a result, Company shall not have any liability or responsibility for the privacy practices or other actions of Social Media Services that may be enabled within and/or otherwise accessible through our Services.

Security:

Company takes reasonable steps to protect the Personal Data provided via our Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from our Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Playbook Technology via the Internet.

 

Other Terms and Conditions:

Your access to and use of our Services is subject to the Terms of Use.

Changes to Our Privacy Policy:

Our Services and our business may change from time to time. As a result, at times it may be necessary for ARC Racing to make changes to this Privacy Policy. ARC Racing reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of our Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting ARC Racing:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via our Services.

Please also feel free to contact us if you have any questions about ARC Racing’s Privacy Policy or the information practices of our Services.

Terms of Use

ARC Racing, LLC. (“ARC Racing,” “we,” “us,” “our”) provides its ARC events and educational content and services to you through its website and mobile applications (the “App”) and API and provides information about its services through its websites at www.arcracing.net (the “Site”) subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). For the purposes of these Terms of Use, the ARC Racing services, including any new features, the Sites and the Apps, are referred to collectively as the “Service”.

 

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or App. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THIS Terms of Use CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Site from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use.

Access and Use of the Service

Age: If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Your Registration Obligations: You are required to register with ARC Racing to access and use the Service and certain features. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are protected and governed by our Privacy Policy.

 

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ARC Racing 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 when accessing the Service. ARC Racing will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: ARC Racing reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ARC Racing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

General Practices Regarding Use and Storage: You acknowledge that ARC Racing may establish general practices and limits concerning use of the Service, including without limitation the maximum period that data or other content will be retained by the Service and the maximum storage space that will be allotted on ARC Racing’s servers on your behalf. You agree that ARC Racing has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that ARC Racing  reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that ARC Racing reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Third Party Platform Data Integration: As part of the Service, ARC Racing organizes and provides efficient means to access and receive updates regarding your contacts that may have been previously dispersed over many different third party email and calendar services such as Gmail and Google Calendar and other similar platform, from which you authorize us to import your contacts, calendar entries and email (the “Third Party Platforms”). By authorizing us to import your information from a Third-Party Platform, you represent and warrant that you are the proper and authorized account holder with the applicable Third Party Platform and that you have the right to authorize use to receive the designated information from the applicable Third Party Platform.

 

Mobile Services: The Service includes certain services that are available via a mobile device (collectively, the “Mobile Services”). To the extent, you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ARC Racing and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event, you change or deactivate your mobile telephone number, you agree to promptly update your ARC Racing account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

User Conduct: You are solely responsible for all information, data, text, software, music, sound and/or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service.

 

Fees: You acknowledge that ARC Racing reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. If ARC Racing terminates your account and use of the Service because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

 

Special Notice for International Use; Export Controls: Software available about the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. 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.

 

No Resale of Service: Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ARC Racing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. If you are eligible for use of the Service, you are granted a limited license to access and use the Site and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited and will automatically terminate the license granted herein. The technology and software underlying the Service is the property of ARC Racing, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ARC Racing..

The ARC Racing name and logo are trademarks and service marks of ARC Racing (collectively the “ARC Racing Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ARC Racing. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ARC Racing Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ARC Racing Trademarks will insure to our exclusive benefit.

Third Party Material: Under no circumstances will ARC Racing be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that ARC Racing does not pre-screen content, but that ARC Racing 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, ARC Racing and its designees shall have the right to remove any content that violates these Terms of Use or is deemed by ARC Racing, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including but not limited to any reliance on the accuracy, completeness, or usefulness of such content. This includes you bearing the risk of injury associated with using the content.

User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant ARC Racing and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicense able, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content about the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to  ARC Racing are non-confidential and ARC Racing shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You acknowledge and agree that ARC Racing 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, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ARC Racing, 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) changes to conform and adapt to technical requirements of connecting networks or devices.

Hyperlinks to Third Party Websites; Advertising

The Service may provide, or third parties may provide, links to other sites and resources on the Internet. ARC Racing has no control over such sites and resources and ARC Racing is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that ARC Racing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or about use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource. Any dealings you have with advertisers found while using the Service are between you and the advertiser, and you agree that ARC Racing is not liable for any loss or claim that you may have against an advertiser.

Indemnity and Release

You agree to release, indemnify and hold ARC Racing and the ARC Racing Entities harmless from any from all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

Disclaimer of Warranties

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. ARC Racing expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a purpose, title and non-infringement.

ARC Racing 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 will be corrected.

Any material downloaded or otherwise obtained using 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 equipment or loss of data that results from the download or use of any such material. No information, whether oral or written, obtained by you from ARC Racing or through or from the service shall create any warranty not expressly stated in these terms of use.

Always use caution when giving out any personally identifying information about yourself or your children. ARC Racing does not control or endorse the content, messages or information found on the service and, therefore, ARC Racing specifically disclaims any liability about the service and any other actions resulting from your participation in the service.

 

Limitation of Liability

You expressly understand and agree that ARC Racing shall not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if ARC Racing has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, 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. In no event shall ARC Racing’s total liability to you for all damages, losses or causes of action exceed one hundred dollars ($100).

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 set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

Arbitration

At ARC Racing’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Use or the Service that are not resolved by agreement may be resolved by binding arbitration to be conducted before J.A.M.S./Undisputed, Inc., or its successor. ARC Racing shall advance the costs of such binding arbitration, but you agree that should ARC Racing prevail in the arbitration, ARC Racing is entitled to reimbursement of all costs. Unless otherwise agreed by the parties, arbitration will be held in Boston, MA before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by J.A.M.S./Undisputed, Inc., and will be conducted in accordance with the rules and regulations promulgated by J.A.M.S./Undisputed, Inc. unless specifically modified in the Terms of Use. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator will have the power to order the production of documents by each party and any third-party witnesses. In addition, each party may take up to three (3) depositions as of right, and the arbitrator will not have the power to order the answering of interrogatories or the responses to requests for admission or the inspection of premises. About any arbitration, each party must provide to the other, no later than ten (10) business days before the date of the arbitration, the identity of all persons that may testify at the arbitration, a copy of all documents that may be introduced at the arbitration or considered or used by a party’s witness or expert, and a summary of the expert’s opinions and the basis for said opinions. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages more than the limitation on actual compensatory damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The parties covenant and agree that they will participate in the arbitration in good faith. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Termination

You agree that ARC Racing, in its sole discretion, may suspend or terminate your 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 ARC Racing believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. ARC Racing 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 Terms of Use may be effected without prior notice, and acknowledge and agree that ARC Racing 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 ARC Racing shall not be liable to you or any third-party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user of the Service. ARC Racing reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Use constitute the entire agreement between you and ARC Racing and govern your use of the Service, superseding any prior agreements between you and ARC Racing with respect to the Service. 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. These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and ARC Racing agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Boston, Ma. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or about this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering this Terms of Use. The failure of ARC Racing to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At ARC Racing, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Membership Terms of Use

ARC Racing Subscription:

To ensure uninterrupted service, all ARC Racing subscriptions are renewed automatically, using the credit card on file.

Monthly and annual subscriptions are billed at the time of purchase, and automatically renew at the end of the monthly or annual term, at the rate secured at the time of purchase: $34.99 USD/mo, $54.99 USD/mo, and $99.99 USD/yr respectively.

Please note that payment will be charged to your credit card at confirmation of purchase, the sale is final, and we will not provide a refund. We do not offer refunds or credits for change of mind, unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.

 

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. You may cancel or turn-off automatic renewal on the ARC Racing website or app by selecting Manage in Subscriptions section of the Profile tab and selecting Cancel Subscription.

Stores
Terms of Use

ALL SALES ARE FINAL. NO RETURNS OR EXCHANGES.

If you have any questions or concerns, please feel free to contact ARC Racing.

DELIVERY

Please allow 1-3 business days (not including weekends, or holidays) for order verification and processing. Once completed, your order will be shipped out using the selected shipping method at the time of purchase.

 

Although we try to avoid it, please allow additional processing time during peak times such as holidays or immediately after a new release.

 

After an item has been shipped, average delivery times vary from 2-5 business days for domestic orders and 1-4 weeks for international orders (depending on the country).
 

TERMS

We are not responsible for any lost, stolen, or damaged shipments. We are not responsible for issues caused by incorrect billing/shipping information provided by the customer upon checkout. Please check your details carefully prior to completing your checkout.

 

Once we ship your order out, we are not responsible for delayed or lost packages caused by the shipping company. The buyer assumes all responsibilities of claims made with the shipping company.

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