This website is an official website of Kyle Busch Motorsports and is ©Copyright Kyle Busch Motorsports, Inc. Kyle Busch Motorsports, Inc. and its parents, subsidiaries, owners, employees, agents and representatives shall be collectively referred to herein as “KBM”. KBM, and their vendors are hereinafter collectively referred to as the “Operators” of the website. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of the KBM is not permitted.
1. Description of Service.
For this Service, Operators are providing the Member with an online information web site pertaining to the race car driver Kyle Busch. Member must provide: (a) all equipment necessary for their own Internet connection, including computer and modem; (b) Member’s access to the Internet, and (c) payment of any fees relate with such connection.
When you register on this KBM website, you must provide true, accurate and complete registration information. Should Operators suspect that your information is not accurate and complete – your account may be subject to suspension or termination. To comply with the Children’s Online Privacy Protection Act, at this time the KBM website is only available to users who are at least thirteen (13) years old. If you are under thirteen (13), you may not individually register to use the KBM website.
3. Use of the Service.
You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: (a) use the Service to sell a product or service; (b) use the Service to increase traffic to your Web site for commercial reasons, such as advertising sales; (c) take the results from the Service and reformat and display them, or mirror any portion of the results on your Web site; and/or (d) use the Service as part of a “meta-search” offering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. If you are uncertain whether your intended use of the Service is permissible, please contact KBM. In addition, KBM shall have the right in its sole discretion to suspend or terminate the Service or your access to it.
“Content,” as used herein, is all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted. “Member Content” is any Content provided by and/or originating from a Member. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not the Operators or the website, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with any and all Content provided by and/or originating from a Member, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and/or permissions to use such Content and authorize Operators and the website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and this Agreement.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant KBM and the website all of the license rights granted herein.
You understand that Operators do not monitor or control the Content of information posted by Members, and instead simply provides a service by allowing Members to access information that has been made available. Because Operators do not control the Content posted via the Service, they do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Operators or the website be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Operators’ sole discretion as to what action should be taken, including suspension and/or termination of your account.
In addition, you agree to NOT use the Service to:
• Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Upload, post, email, transmit or otherwise make available any Content that shows nudity, partial nudity or adult content;
• Upload, post, email, transmit or otherwise make available any Content that exhorts others to commit illegal acts;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, an official of Operators, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; repost Content that was deleted;
• Post or submit links on behalf of someone else that was banned from the Service;
• Allow usage by others in such a way as to violate this Agreement; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Members of the Service are able to type, or otherwise act in a manner that negatively affects other Members’ ability to engage in real time exchanges;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law;
• “Stalk” or otherwise harass another;
• Upload, post, email, transmit or otherwise make available any Content that includes personal or identifying information about another person without that person’s explicit consent;
• Upload, post, email, transmit or otherwise make available any Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
• Use KBM and the website as a forwarding service to another website;
• Solicit passwords or personal identifying information for unintended, commercial or unlawful use from other Members;
• Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so;
• Upload, post, email, transmit or otherwise make available any Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; and/or
• Collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge and understand that Operators may or may not pre-screen Content, but that Operators and their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content for any reason, including for example, content that is available via the Service. Without limiting the foregoing, Operators and their designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Operators or submitted to Operators and the website, including without limitation information in KBM message boards and in all other parts of the Service.
You acknowledge, consent and agree that Operators have the right to access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Operators and the website, its Members and the public. Further, Operators reserve the right to cooperate with legitimate law enforcement requests for information at their sole discretion.
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.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Operators and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree that Operators and the website have no responsibility or liability for the Content maintained or transmitted by the Service. You acknowledge that Operators reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Operators reserve the right to modify these general practices and limits from time to time.
5. Termination of Account.
You agree that Operators may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, (h) engagement by you in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Services. Termination of your KBM/website account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Operators’ sole discretion and that Operators shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
6. Content Submitted for Inclusion.
Operators do not claim ownership of Content that you submit or make available for inclusion on the Service. However, with respect to Content that you submit or make available for inclusion in “publicly accessible” areas of the Service, you grant KBM a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. You agree never to sue Operators for use of said Content. Any copyright owner will cooperate with Operators to register such copyright should KBM need to enforce its licensed rights against others. “Publicly accessible” areas of the Service are those areas of the KBM network of properties that are intended by Operators to be available to the general public, including, without limitation, message boards, story submissions and/or all other areas of the site accessible by the general public.
7. Disclaimer of Warranties.
THIS SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER TO THE FULLEST EXTENT ALLOWED BY LAW. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED. OPERATORS AND THEIR LICENSORS ALSO DISCLAIM ANY WARRANTIES REGARDING THE USE OR RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, AND/OR REALIBILITY, AS WELL AS REGARDING THE SECURITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. KBM AND ITS LICENSORS ADDITIONALLY DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED FROM MEMBERS OR THROUGH AND LINKS PROVIDED BY THE SERVICE, AND FOR ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL OPERATORS OR THEIR LICENSORS BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OPERATORS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Operators or their licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
9. Indemnity and Hold Harmless.
You agree to hold harmless and indemnify Operators, and, from and against any third party claim arising from or in any way related to your use of the Service, including without limitation any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another. The foregoing includes, without limitation, indemnity for any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Operators will provide you with written notice of such claim, suit or action.
10. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Operators and their employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code � 1542, which states, “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.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
11. Modifications and Interruption to Service.
Operators reserve the right to modify or discontinue the Service with or without notice to the Member. Operators shall not be liable to any Member or any third party should Operators exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Operators does not guarantee continuous, uninterrupted or secure access to our website and operation of the KBM website may be interfered with or adversely affected by numerous factors or circumstances outside of Operators’ control.
12. Third-Party Sites.
13. Disclaimer Regarding Accuracy of Vendor Information.
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Operators make every effort to ensure that the information on this website is accurate, they can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Operators make no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
14. Governing Jurisdiction of the Courts North Carolina.
15. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
16. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is �2011 Kyle Busch Motorsports, Inc. with all rights reserved, or is the property of KBM and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of KBM is strictly prohibited. Member agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy KBM’s web pages or the content contained therein without prior written permission of an authorized officer of KBM.
kylebusch.com, kylebuschmotorsports.com, kylebuschfoundation.org, rowdybusch.com are proprietary marks of KBM. KBM’s trademarks may not be used in connection with any product or service that is not provided by KBM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KBM. All other trademarks displayed on KBM’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with KBM.
17. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, KBM designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: Kyle Busch Motorsports, Inc, 351 Mazeppa Rd, Mooresville, NC 28115, By Telephone: 704.662.0000, By Email email@example.com
Operators retain the right, at their sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Operators reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at their discretion.
19. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Operators, in their sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.
21. Products and/or Services
Features, specifications, and prices of any products described, displayed, or depicted on KBM’s website are subject to change at any time without notice. Some weights and measures may be approximate. The KBM website may refer to products and services that are generally available for purchase in the forty-eight (48) continental United States, Alaska and Hawaii, but may not be available in a Member’s particular country or locality. The reference to any such products or services on the KBM website does not imply, infer, or warrant that any such products or services are or will be available at any time.