Terms

Terms of use:
http://www.jeffgordon.com and the Jeff Gordon fan club are owned and operated by Jeff Gordon, Jeff Gordon, Inc. and One Live Media and associates. The following terms of use (“terms”) govern your use of the site. By using or visiting the site, you expressly agree to be bound by these terms and to follow these terms and all applicable laws and regulations in your use of the site. We reserve the right to change these terms at any time, effective immediately upon posting on the site. Please check this page of the site periodically for such changes.

Disclosure of Personal Information:
http://www.jeffgordon.com is committed to keeping your personal information strictly confidential. Only the organization of the performance for which tickets were purchased will retain your information. When we collect your personal information (i.e. name, address, e-mail, and telephone number) it is in an effort to improve your shopping experience and to notify you about program updates, services and answer inquiries. Beyond the presenting organization for your event it is our policy not to disclose any of your personal information at any time, unless you tell us to do so. We do not sell, trade or rent your personal information to third parties. From time to time, we’ll share aggregated (collective) information about our members as a group, or generate aggregate reports and market research for business partners. These reports will not identify individual members.

Cookies:
Our site uses cookies to personalize and improve your shopping experience. These cookies do not contain any confidential or personal information. They allow us to enhance your shopping experience at http://www.jeffgordon.com. For example, if you have added products to your shopping cart and suddenly have to log out of our site, you can return later that day and still have those items in your shopping cart.

Security:
We use industry-standard methods to protect your information from unauthorized access. Among other techniques, we store such information on a computer behind our “firewall” in a secure location, and we restrict the number of employees internally who can access such data. To ensure the safety of your personal information, including your credit card number, we use Secure Socket Layer (SSL) Technology. SSL protects information as it crosses the Internet. Any data stored is kept in a secure off-site location and stored in a password-protected server. Please be aware, of course, that there is no such thing as perfect security – on or off the Internet. Please keep security in mind as you reach other websites through links from http://www.jeffgordon.com. Each separate company has its own privacy policies and practices and may market to you accordingly. Although we choose our business partners carefully, we can make no representations concerning privacy and security on those sites.
Your password is your key to your account when accessing private pages or shopping on the stores. You should never share it with anyone and we request that you change it periodically and often. You can change your password at any time. If you can’t remember your password, a temporary password can be e-mailed to you. You may also contact us at support@onelivemedia.com for additional help. We strongly urge you to sign off your account and close your browser window when you have finished your shopping to prevent someone else from accessing your account.

Changing Personal Information:
You may at any time modify or change any information you have previously provided to us by editing your personal information. Changes will be updated immediately. You may also contact us at support@onelivemedia.com and we will be happy to change, modify or delete any information for you.

Member Conduct
User Content: We allow Jeff Gordon fan club members (as defined below) to make contributions to the Site (“User Content”) through chat rooms, bulletin board services, member profiles, and other means. By submitting any User Content to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. Furthermore, you thereby waive any so-called moral rights or other similar rights in your User Content. You agree not to submit or post any User Content that: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to cracks, hacks or similar utilities or programs, (iv) is pornographic or sexually explicit, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) is used to impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity; (viii) exploits minors in a sexual or violent manner, (ix) promotes, condones or encourages illegal activity or ix) is generally offensive or in bad taste. You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site. We generally do not pre-screen, pre-edit or otherwise control User Content and we do not assume responsibility to monitor the Site for inappropriate User Content. We do not warrant, expressly or impliedly, the accuracy, reliability or quality of User Content. By using the Site, you assume this risk. However, we reserve the right, but have no obligation (i) to monitor interactions between you and other users of the Site; (ii) to prevent you from submitting User Content that is inconsistent with our standards, stated above; (iii) to edit, restrict or remove User Content for any reason at any time; and (iv) to take any other action in good faith to restrict access to or the availability of any User Content that we, or another user, may consider to be inconsistent with the standards described above. If you discover this kind of User Content on the Site, please notify us at support@onelivemedia.com. Should we monitor User Content, we still will assume no responsibility for any inappropriate User Content, or for the conduct of any user who submits it, and or to remove inappropriate User Content form the Site. If we prevent your User Content from being submitted, or edit, restrict, or remove it from the Site, you may not hold us accountable under any circumstances.

Prohibited Activities:
You agree to respect the rights of others and exercise good judgment. Without limitation, you agree not to: (i) engage in unsolicited or unauthorized advertising or any other form of solicitation, including, without limitation, “pyramid schemes” or the distribution of promotional materials, “junk mail,” “spam,” or “chain letters,” (ii) impersonate any person or entity or misrepresent your affiliation with a person or entity, (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site, (iv) make available, introduce into or direct to the Site 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, (v) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, (vi) violate any applicable local, state, national or international law, rules or regulations, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, (vii) “stalk” or otherwise harass another person, (viii) “deep link” to any portion of the Site, (ix) collect or store personal data about other users, (x) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission, (xi) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, (xii) display any of the Site in a frame (or any of our content via in-line links); (xiii) attempt to gain unauthorized access to any part of the Site including without limitation, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means; (xiv) attempt to obtain any materials or information through any means not intentionally made available through the Site; (xv) engage in any activity that interferes with any third party’s ability to use or enjoy the Site, (xvi) assist any third party in engaging in any activity prohibited by these Terms, or (xvii) solicit personal information from, harm or attempt to harm minors, in any way.

Commercial Use:
You agree not to use the Site for any commercial purpose, such as conducting sales of tickets, merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind.

Tickets:
We reserve the right to block access to or cancel a ticket order of any user that we believe, in our sole and absolute discretion: (i) is or is associated with any ticket broker or scalper, (ii) is utilizing automated means to process or place ticket orders, or (iii) whose ticket order exceeds the stated limit. In serious cases, we reserve the right to cancel your membership for violating these policies without refund.

Cancellation:
Once your credit card has been charged, your membership is non-refundable, and your Annual subscription will need to renew each year to remain a member. If your Annual account has been set up to auto-renew, once renewed your membership is non-refundable, you can cancel at any time and the upcoming annual renewal will not occur. For security, all cancellation requests must be made by the primary contact person on the account who must provide sufficient identification. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. You can cancel online by visiting your “Edit Your Profile” area on the site after you login. We reserve the right to terminate any account and membership at any time, in our discretion, with or without notice to you, if you violate any of these Terms. Any cancellation by us shall not relieve you of any obligations to pay fees accrued prior to such cancellation. In the event of such a cancellation, we shall have no liability to you or any third party. Upon such termination, we: (i) may immediately deactivate or delete your account and all related information and files in such accounts and/or bar any further access to such account or files; and (ii) will not be obligated to refund any part of your membership or any other fees you have paid to the Club.

General Practices & Limits:
You also acknowledge that the Jeff Gordon fan club may establish general practices and limits concerning use of the Site, including without limitation, limiting the maximum number of days that message board postings or other uploaded content will be retained by the Site, the maximum disk space that will be allotted on Jeff Gordon fan club servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, web hosting), and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Jeff Gordon fan club has no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site. You acknowledge that the Jeff Gordon fan club reserves the right to log off accounts that are, or disconnect a session that is, inactive for an extended period of time.

Intellectual Property:
Proprietary Rights This Site is owned and operated by Jeff Gordon, Jeff Gordon, Inc. and One Live Media & Associates. The contents of this Site are protected by United States copyright and trademark law, international conventions and other applicable laws. All materials contained in the Site are the copyrighted property of Jeff Gordon, Jeff Gordon, Inc. and One Live Media & Associates or its subsidiaries or affiliated companies and/or third-party licensors (unless in the public domain). All trademarks, service marks, and trade names are proprietary to Jeff Gordon, JEFF GORDON, INC. and One Live Media & Associates or its affiliates and/or third-party licensors. Unless expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site. Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site.

Intellectual Property Rights Policy:
We respect the intellectual property rights of others, and we ask our users to do the same. Without limiting any of its other rights and remedies under the Terms of Use, our policy is to terminate access to the Site by repeat infringers of copyright. If you believe that your copyright, trademark or other intellectual property rights have been infringed, please provide us with a written notification that includes the following: 1. A physical or electronic signature of person authorized to act on behalf of the owner of the right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works or rights are covered by a single notification, a representative list of such works or rights; 3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate that material; 4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; 5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; and 6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner, or authorized to act on behalf of the copyright owner, of the work that is allegedly infringed. Please direct all notifications to support@onelivemedia.com.

Modification, Suspension and Termination:
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site or the Club with or without prior notice. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies Site. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.

Representations and Warranties:
You hereby represent and warrant to us that: (i) you have the full power and authority to enter into and perform under these Terms, (ii) your use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (iii) you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.

Indemnity:
You agree to indemnify and hold harmless Jeff Gordon, Jeff Gordon, Inc. and One Live Media & Associates and the associated management as well as their subsidiaries, affiliates, owners, associates, licensees, licensors, officers, agents and other partners and employees (the “Indemnified Parties”) from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against any of the Indemnified Parties arising out of your use of the Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify any of the Indemnified Parties, such party will have the right, in its sole and exclusive discretion, to control any action or proceeding and determine whether they wish to settle it, and if so, on what terms.

Disclaimers, Exclusions and Limitations Disclaimers:
Your use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. Jeff Gordon, Jeff Gordon, Inc. and One Live Media & Associates expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Jeff Gordon, JEFF GORDON, INC. and One Live Media & Associates makes no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, or that (v) any errors in any data or software will be corrected.

Links and Third-Party Services:
Any third-party links, services, resources or information provided on or made available through the site are not controlled by us. Accordingly, we do not endorse any such linked sites or the information, material, products or services contained on other linked sites, or accessible through them. Further, we make no warranties regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information. Access and use of linked sites, including information, material, products and services on linked sites or available through them, is solely at your own risk.

Exclusion of Damages:
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the site.

Limitations on Liability:
In the case of a Jeff Gordon fan club member, in no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with the site or these terms exceed the actual dollar amount paid by you to the fan club during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this section in the case of a non-member user of the site, in no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with the site or these terms exceed the sum of twenty-nine ($29) dollars 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 may not apply to you.

Force Majeure:
We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.

Arbitration:
You agree that any dispute arising out of or relating to these Terms or your use of the Site will be submitted exclusively to confidential binding arbitration in Austin, TX. Arbitration under these Terms will be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of the Jeff Gordon fan club, Jeff Gordon, JEFF GORDON, INC. and One Live Media & Associates or management, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts.

Miscellaneous:
The Site is based in and operated from the United States of America. Information which you send to us by email or which we gather from you when you visit our website is held and processed in the United States of America. These Terms shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these Terms without our prior written consent. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. The Terms and the relationship between you and us shall be governed by the laws of the State of Texas and the United States of America without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Breach:
If you become aware of any activity that may constitute a breach of these Terms, please notify us at support@onelivemedia.com. We will investigate your claim and may then take any action that we, in our sole and exclusive discretion, deem appropriate.

Disclosures:
The Jeff Gordon fan club, and this Site, are operated by Jeff Gordon, Jeff Gordon, Inc. and One Live Media & Associates management and associates. You may obtain this same information via email by requesting it by email to support@onelivemedia.com along with your email address. Our refund policy is described above.

Changes in Policy:
If you have any concerns or questions with respect to our Privacy Policy, please feel free to contact us at support@onelivemedia.com . By using this site, you are agreeing to the conditions of this Privacy Policy. DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY. If we decide to change our Privacy Policy in whole or in part it will be posted on the site. Please check this page periodically for changes.

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