1. Legally Binding Agreement

1.1. This Agreement has been prepared as a legally binding license agreement that conditions your use of this Site. This Agreement is for the purpose of protecting our rights in order to provide you with access to the free information provided on our Site (“Site Content” or “Content”) and other features available on our Site. If you do not want to be bound by all terms of this Agreement, you should immediately exit this Site and discontinue all use of our Site. If you remain on our Site or return at any point in the future, you agree to be bound by this Agreement.

1.2. Additional terms may be placed upon your purchase of the services and/or policies contained on our Site and on your use of certain features on our Site. These additional terms will be specifically set forth in connection with such purchases and/or usage of features. By making such purchases and/or using such features, you agree to be bound by all additional terms connected to such purchases and/or features. If you do not want to be bound by such additional terms in connection with the purchase of services and/or policies on our Site or in connection with your use of any features on our Site, you should not make such purchases or use such features.

3. Your Rights

On the condition that you comply with all your obligations under this Agreement, MIS Motorsport grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of MIS Motorsport), view information and use any and all services that we provide on this Site. Any use of this Site in excess of these rights is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site.

5. Assignment and Delegation

You agree not to assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. MIS Motorsport may assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation (replacement), effective upon notice to you, MIS Motorsport for any third party that assumes our rights and obligations under this Agreement.

7. Intellectual Property Rights of MIS Motorsport

7.1. All original Content created and posted by MIS Motorsport on our Site (hereinafter referred to as the “Materials,” which include, but are not limited to, written Content prepared and posted by MIS Motorsport, and the Site design, layout, look, appearance and graphics), as well as the trademarks, service marks, and logos contained on our Site are owned by or licensed to MIS Motorsport and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. MIS Motorsport reserves all rights not expressly granted in, and to, our Site and the Materials on our Site.

7.2. Your use of the trademarks, service marks, and/or logos displayed on our Site, or any other original Materials on our Site, except as specifically permitted within this Agreement, is prohibited without the prior written permission of MIS Motorsport, which may be requested by contacting us via e-mail info@mismotorsport.com or by mail to MIS Motorsport, Unit 1b, Station Court, Station Road, Guiseley, Leeds LS20 8EY. Any unauthorized use of the Materials, trademarks, service marks, and/or logos on our Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.

9. Links to Other Sites

From time to time, our Site may include links to other websites and resources provided by third parties. These links are provided solely for your convenience. Links are not intended to imply sponsorship, affiliation, or endorsement. We have no control over the contents of those sites or resources, do not endorse their content, and have no responsibility for any such sites or for any loss or damage that may arise from your use of them. Use or reliance on any external links provided and the content thereon is at your own risk. If you believe that we have provided a link to a site that contains infringing or illegal content, or which makes available “hacker” tools or other circumvention devices, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable it. You should review any available website terms of use and/or privacy policies on third-party sites before using such sites or sharing any information with such sites, because, under such third party sites’ agreements and policies, you may be agreeing to terms and conditions that are different in scope and substance than those set forth in this Agreement.

11. User Account Requirements

11.1. You may need a password-protected account in order to use certain features of our Site. You are responsible for the activity that happens on or through this Account (hereinafter, “Your Account”). Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your Account, at our sole discretion, and we may refer you to appropriate law enforcement authorities.

11.2 As part of the registration or account creation process, you will create login credentials for Your Account by selecting a password and providing a user ID and/or e-mail address. All registration information that you provide must be accurate and updated.

11.3 By registering, you represent and promise that you are thirteen (13) years of age or older.

11.4 When registering Your Account, you may not:

• Select or use the login credentials of another person with the intent to impersonate that person;
• Select or use login credentials in which another person has rights without such person’s authorization; and/or
• Select or use login credentials that we, in our sole discretion, deem offensive.

Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate suspense or termination of Your Account.

11.5 If you open an Account on behalf of a company, organization, or other entity or person, then (i) the term “you” includes both you and the entity or person on whose behalf you are opening an Account, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

11.6 You agree not to use any Account of any other user or person than yourself without permission of the user or person holding the respective account.

11.7 You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of MIS Motorsport. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account. MIS Motorsport will not be liable for any losses caused by any unauthorized use of Your Account. Keeping your password confidential will assist you in protecting your account.

11.8 Please e-mail info@mismotorsport.com or by mail to MIS Motorsport, Unit 1b, Station Court, Station Road, Guiseley, Leeds LS20 8EY, of any known or suspected unauthorized use(s) of Your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

13. Disclaimer of Warranties

13.1. In order to provide you with access to and usage of the Content on our Site, we offer and make no warranties or representations about any benefits or opportunities that you can obtain at this Site.

13.2. Neither we nor any third parties provide any guarantees, representations, statements, or warranties of any kind, either expressed or implied, as to the accuracy, completeness, timeliness, correctness, and/or suitability of any information or materials displayed on our Site. You acknowledge that such information and materials may contain inaccuracies or errors.

13.3. We do not warrant that access to our Site will be uninterrupted, available at any particular time or location, that the Content is error-free, that errors and/or defects will be corrected, that your use of Content displayed on our site will not infringe rights of third parties, or that this Site or the server that makes it available are free of viruses or other harmful components.

13.4. We make no warranty or representation that the material on our Site is appropriate or available for use in any location or is compliant with all local laws. You acknowledge that access to our Site is at your own risk.

13.5. To the fullest extent permitted by applicable law, we hereby expressly disclaim all express and implied conditions, warranties, and other terms. This disclaimer includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose and any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with our Site; or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it, and any materials posted on it, whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Further, this disclaimer applies to any damages or injury caused, or alleged to be caused, by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

13.6. In the event of any conflict between this Section and other terms of use set forth within this Agreement, this Section shall be deemed to take precedence.

15. Indemnification

You agree, at your own expense, to indemnify, defend, and hold harmless the Released Parties (defined above) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising in any way from: (a) your use of the Site; (b) your unauthorized use of any Content and/or MIS Motorsport’s products or services; (c) your breach or violation of this Agreement and any applicable laws; and/or (d) any allegation that any submissions or other materials you submit to us otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party. MIS Motorsport reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and in such case, you agree to cooperate with MIS Motorsport in the defense of any such claim.

17. Choice of Law/Agreement to Arbitrate in Kansas City, Missouri/Exception to Arbitration Agreement

17.1. Choice of Law. Except for any disputes relating to intellectual property rights, obligations or any infringement claims, which shall be governed by U.S. federal law, any disputes between you and MIS Motorsport arising out of, or relating to, the Agreement (“Disputes”) shall be governed by Missouri law regardless of where you access www.mismotorsport.us, and notwithstanding any conflicts of law principles. All such disputes shall be construed in accordance with the laws of the United States and of the State of Missouri as applied to transactions entered into, and to be performed by, wholly within Missouri between Missouri residents.

17.2. Agreement to Arbitrate. All Disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of this Site shall be resolved by final and binding arbitration to be held in the English language in the City of Kansas City, Missouri pursuant to the rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part, of this Agreement, is void or voidable. Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country.

17.3. Exception to the Arbitration Agreement. Either party to this Agreement may obtain preliminary injunctive relief in the Circuit Court of Jackson County, Missouri, located in the City of Kansas City, Missouri, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.

19. Construction

If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.