PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
These Terms and Conditions of Use govern your use of all web sites or mobile web sites owned or operated by New Level Motor Sports, Inc., including the web site www.newlevelmotorsports.com (the "Site")1. Eligibility:
You must be at least 18 years old to use the Site2. Usage Restrictions:
You will not use any means to "scrape," "crawl," or "spider" any Web pages contained in the Site (although New Level Motor Sports may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and New Level Motor Sports reserves the right to revoke these exceptions either generally or in specific cases);
You may not use automated methods to use the Site or Services in a manner that sends more requests to the New Level Motor Sports servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or interfere with or disrupt the Site or Services through any other means.3. Ownership:
All intellectual property rights in the content of this website (including without limitation trade marks, images and logos) are either owned by us or are used by us under license, and are reserved to us. You acquire no rights in the content of this website except the limited right to use the website in accordance with the terms. From time to time, New Level Motor Sports makes fair use in this site of trademarks owned and used by third parties. Any such marks are clearly noted, and New Level Motor Sports makes no claim to ownership of those marks. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, New Level Motor Sports does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
New Level Motor Sports respects the intellectual property rights of others. Upon proper notice, New Level Motor Sports will remove User Content or other applicable content that violates copyright law. Pursuant to 17 U.S.C. § 512, New Level Motor Sports has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send New Level Motor Sports a notification of claimed infringement with all of the following information: Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit New Level Motor Sports to locate the material on the Site;
information reasonably sufficient to permit New Level Motor Sports to contact you, such as an address, telephone number, and, if available, an email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your physical or electronic signature.
Please send all of the above enumerated information to to:
New Level Motor Sports Inc.
9129 Chesapeake Dr
San Diego, CA 921234. Privacy.
New Level Motor Sports enhances and updates its Site often. We may change or discontinue the Site, with or without notice to you. New Level Motor Sports reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing or availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability.6. Termination:
We reserve the right not to provide the Site to any user. We also reserve the right to terminate any user's right to access the Site at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.7. Disclaimer and Limiations on our Liability:
You use the site at your own risk. The site and all products are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, New Level Motor Sportsand its officers, employees, managers, agents disclaim all warranties of any kind, express or implied, with respect to the site and services (including the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).
In particular, New Level Motor Sports makes no representations or warranties about the accuracy or completeness of content available on or through the site (including, without limitation, any reviews, recommendations, comments or other content available on or through the site) or the content of any web sites or resources linked to the site. New Level Motor Sports will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site or services; (c) any unauthorized access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the site or services; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site or services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available on or through the site or services.
Except as expressly provided in these terms or in any applicable additional terms, New Level Motor Sports and its affiliates do not warrant, endorse, guarantee, or assume responsibility for any third party product or service recommended, advertised or offered for sale on or through the New Level Motor Sports or any linked web site.
To the fullest extent permitted by applicable law, New Level Motor Sports will not be liable under any theory of liability for any indirect, incidental, special, consequential or exemplary damages, including, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising from or relating to use of the site or services.
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 and disclaimers may not apply to you. To the extent New Level Motor Sports may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of New Level Motor Sports’ liability will be the minimum permitted under such law.8. Indemnification
You agree to indemnify, defend, and hold harmless New Level Motor Sports from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. New Level Motor Sports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with New Level Motor Sports in such defense. 9. Legality of items purchased on our website:
It is your responsibility to verify the legality of any item purchased from our sit before making a purchase. By purchasing an item on our site, you agree to comply with all Federal, State, and Local laws and regulations at all times. We make no claim of legality of items on our site and items may not be legal in every location that the site can be viewed from. Legality of many items on our website vary from place to place. You agree to confirm the legality of all items purchased from our site prior to purchase and agree to hold New Level Motor Sports harmless for any costs, fines, legal fees, etc that may result from your failure to comply with any laws or regulations.
10. Other Provisions:
Under no circumstances will New Level Motor Sports be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in San Diego County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By entering into these terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms must be asserted individually. The arbitrator shall not have the power to award punitive damages against any party.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of New Level Motor Sports to enforce any right or provision of these Terms will not prevent New Level Motor Sports from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.