Web Site Terms of Use - amI, Inc.
1. ACCEPTANCE OF TERMS
amI, Inc. provides this service to you, subject to the following Terms of Service
("TOS"), which may be updated from time to time without notice to you.
You can review the most current version of the TOS at any
time at:
http://www.arsracing.com/terms.htm. In addition, when using particular
amI, Inc. services, you and amI, Inc. shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS. amI, Inc. also may offer other
services from time to time, that are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
amI, Inc. currently provides users with access to a collection of online resources,
including original articles, graphics, online forums, and shopping services, through its
network of properties (the "Service"). Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the release of new
amI, Inc. properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that amI, Inc. assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications or
personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly
or through devices that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access device.
3. amI, Inc. PRIVACY POLICY
Information about you is subject to our Privacy Policy. For more information, please see
our full privacy policy at
http://www.arsracing.com/privacy.html.
4. MESSAGE BOARD CONDUCT
You understand that all information, data, text, software,
music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not amI, Inc., are entirely
responsible for all Content that you upload, post, email or otherwise transmit via the
Service. amI, Inc. does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed
to
Content that is offensive, indecent or objectionable. Under no circumstances will amI,
Inc. be liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a.Upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.Harm minors in any way;
c.Impersonate any person or entity, including, but not limited to, a amI, Inc. official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
d.Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
e.Upload, post, email or otherwise transmit any Content that you do not have a right to
transmit 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);
f.Upload, post, email or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any
party;
g.Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
h.Upload, post, email or otherwise transmit 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;
i.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;
j.Intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
k."stalk" or otherwise harass another; or
l.Collect or store personal data about other users.
You acknowledge that amI, Inc. does not pre-screen Content, but that amI, Inc. 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,
amI, Inc. and its designees shall have the right to remove any Content that violates the
TOS 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 amI, Inc. or submitted to amI, Inc., including without
limitation information in amI, Inc. Message Boards, and in all other parts of the Service.
You acknowledge and agree that amI, Inc. 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; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of amI, Inc., 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.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
6. INDEMNITY
You agree to indemnify and hold amI, Inc., and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any rights of
another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service.
8. MODIFICATIONS TO SERVICE
amI, Inc. reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that amI, Inc. shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
9.DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree that
amI, Inc. shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such advertisers on
the Service.
10.LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because amI, Inc. has no control over such sites and resources, you
acknowledge and agree that amI, Inc. is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that amI, Inc. shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
11.LIMITATION OF LIABILITY
You expressly understand and agree that amI, Inc. 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 amI, Inc. has been advised of the possibility of such damages), 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 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.
12.COPYRIGHTS and COPYRIGHT AGENTS
amI, Inc. respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide amI, Inc.'s Web manager at
arssales@arsracing.com
13.GENERAL INFORMATION
The TOS constitute the entire agreement between you and amI, Inc. and govern your use of
the Service, superceding any prior agreements between you and amI, Inc.. 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. The TOS and the relationship between you and
amI, Inc. shall be governed by the laws of the State of North Carolina without regard to
its conflict of law provisions. You and amI, Inc. agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Guilford, North
Carolina. The failure of amI, Inc. to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision of the TOS
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 the TOS 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 the TOS must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
14.VIOLATIONS
Please report any violations of the TOS to
arssales@arsracing.com