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Terms of Use

Fanatics Retail Group North, Inc. ("FRG" or "Fanatics Retail Group") and its third party service providers operate this web site (collectively with any content, functionality and services offered on or through the web site, the "Web Site") pursuant to agreements with NASCAR Media Group, LLC ("NMG"), an affiliate of National Association for Stock Car Auto Racing, Inc. ("NASCAR").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS OF USE, TOGETHER WITH ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE, GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE, WHETHER AS A GUEST OR A REGISTERED USER. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT HTTP://STORE.NASCAR.COM/HELPDESK/PRIVACY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEB SITE.

  1. Accessing the Web Site and Account Security. We reserve the right to withdraw or amend the Web Site, and any service or material we provide on the Web Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Web Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Web Site, or the entire Web Site, to users, including registered users. You are responsible for: (i) making all arrangements necessary for you to have access to the Web Site, and (ii) ensuring that all persons who access the Web Site through your internet connection are aware of these Terms of Use and comply with them. To access the Web Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Web Site that all the information you provide on the Web Site is correct, current and complete. You agree that all information you provide to register with this Web Site or otherwise, including but not limited to through the use of any interactive features on the Web Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Web Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  2. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

  3. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

  4. Accuracy of Information. FRG attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this Web Site, or whether or not such information is current. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

  5. Intellectual Property Rights. The Web Site and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, graphics, information, content and the design, selection and arrangement thereof, and any material displayed on, or that can be downloaded from, this Web Site) are either the property of, or used with permission by, FRG, NMG or NASCAR and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. These Terms of Use permit you to use the Web Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Web Site. . Any unauthorized use of any such information or materials will be a violation of these Terms of Use and may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. No right, title or interest in or to the Web Site or any content on the site is transferred to you, and all rights not expressly granted are reserved by FRG, NMG and NASCAR.

  6. Trademarks. Certain trademarks, trade names, service marks, designs, slogans, taglines and logos used or displayed on this Web Site are registered and unregistered property of FRG, NMG, NASCAR and/or their respective affiliates, or, if a third party, their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, designs, slogans, taglines or logos displayed on this Web Site without the written permission of FRG or such third party owner.

  7. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without FRG's prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without FRG's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

  8. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by FRG, NMG, NASCAR or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. None of FRG, NMG, NASCAR or any of their respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. None of FRG, NMG, NASCAR or any of their respective affiliates endorses, guarantees, or makes any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

  9. Prohibited Uses. You may only use the Web Site for lawful purposes and in accordance with these Terms of Use. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You agree not to: a) use the Web Site in any way that violates any applicable federal, state, local or international law or regulation; b) use the Web Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; c) use the Web Site to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; d) use the Web Site to impersonate or attempt to impersonate FRG, NMG, NASCAR or any of their respective employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); e) use the Web Site to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by us, may harm FRG, NMG, NASCAR or users of the Web Site or expose them to liability; f) use the Web Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Web Site, including their ability to engage in real time activities through the Web Site; g) use any robot, spider or other automatic device, process or means to access the Web Site for any purpose, including monitoring or copying any of the material on the Web Site; h) use any manual process to monitor or copy any of the material on the Web Site or for any other unauthorized purpose without our prior written consent; i) use any device, software or routine that interferes with the proper working of the Web Site; j) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; k) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Web Site, the server on which the Web Site is stored, or any server, computer or database connected to the Web Site; or l) otherwise attempt to interfere with the proper working of the Web Site. In addition to any remedies that FRG, NMG and NASCAR may have at law or in equity, if FRG, NMG or NASCAR reasonably determines that you have violated or are likely to violate the foregoing prohibitions, FRG, NMG or NASCAR may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. FRG, NMG and NASCAR will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing FRG, NMG or NASCAR to disclose the identity of anyone posting such materials.

  10. User Information. Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, which can be found at http://store.nascar.com/helpdesk/privacy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. FRG, NMG, NASCAR and each of their respective affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes and in a manner consistent with their respective agreements with each other. FRG may, but is not obligated to, monitor or review any User Communications. FRG shall have no obligations to use, return, review, or respond to any User Communications. None of FRG, NMG, NASCAR or any of their respective affiliates will have any liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. FRG retains the right to remove any or all User Communications that includes any material FRG, NMG or NASCAR deems inappropriate or unacceptable. All User Communications must comply with all applicable laws, rules and regulations and are subject to these Terms of Use. We have the right to remove or refuse to post any User Communications for any or no reason in our sole discretion.

  11. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NONE OF FRG, NMG, NASCAR OR ANY OF THEIR RESPECTIVE AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NONE OF FRG, NMG, NASCAR OR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRG, NMG AND NASCAR HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT IMPLIMENTATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FRG, NMG AND NASCAR HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

  12. LIMITATIONS OF LIABILITY. NONE OF FRG, NMG OR NASCAR ASSUMES ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OR BROWSING OF, OR YOUR DOWNLOADING OF ANY MATERIALS FROM, THIS WEB SITE. IN NO EVENT WILL FRG, NMG, NASCAR, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE: HTTP://STORE.NASCAR.COM/HELPDESK/RETURNS.

  13. Revisions to these Terms of Use. FRG may revise these Terms of Use at any time and from time to time in our sole discretion by updating this posting. All changes are effective immediately when we post them, and apply to all access to and use of the Web Site thereafter. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Your continued use of the Web Site following the posting of revised Terms of Use means that you accept and agree to the changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

  14. Choice of Law; Jurisdiction. These Terms of Use supersede any other agreement between you and FRG to the extent necessary to resolve any inconsistency or ambiguity between them. This Web Site is administered by FRG from its offices in Florida. These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the state or federal courts located in the State of Florida. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEB SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  15. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

  16. Entire Agreement. The Terms of Use, Privacy Policy and other policies posted on the Web Site from time to time, constitute the sole and entire agreement between you, on one hand, and FRG, NMG and NASCAR, on the other hand, with respect to the Web Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Web Site.

  17. Additional Assistance. If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to call our customer service department at 1-866-290-4569.