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TERMS AND CONDITIONS

These Terms of Use are effective as of January 1, 2020

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE WEBSITE, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-855-438-0682, 24 HOURS A DAY, 7 DAYS A WEEK (OR 1-904-685-7840,OUTSIDE THE UNITED STATES) OR VIA OUR CONTACT US PAGE HERE.


NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEB SITE WILL BE RESOLVED FOR EXAMPLE, SECTION 16 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.


Warranty Disclaimers and liability limitations. While there are significant points throughout these Terms of Use, please note Section 14 and 15 contain important limitations on our liability.

Your use of this Web Site (and any other feature, content or application offered by the Web Site) is at all time subject to these Terms of Use, as the same may be modified by us, and all applicable laws, rules and regulations. Please read these Terms of Use carefully. If you dissatisfied with these Terms of Use, your sole and exclusive remedy is to discontinue using the Web Site.

Fanatics Retail Group North, LLC ("FRG" or "Fanatics Retail Group") and its affiliates and 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"). When used herein, the terms "we," "us," or "our" includes Fanatics Retail Group, NASCAR and NMG.




1. Acceptance of Terms of Use

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, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEB SITE. We 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. Your access to and use of the Web Site will be governed by the Terms of Use in effect at the time of such access or use.

2. 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. By accessing and using the Web Site, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Web Site does not violate any applicable law, rule or regulation and that you agree to use the Web Site in accordance with US laws. Use of and access to the Web Site is void where prohibited.

3. Other Sources of Terms and Conditions; Promotions and Coupons.

Certain provision of the Terms and Conditions may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Web Site, and, additionally in order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Web Site ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Certain merchandise, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms and Conditions will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms and Conditions or any Additional Terms does not constitute a conflict.

If an Offer does not contain Additional Terms, then only these Terms and Conditions apply. Under these Terms and Conditions, unless otherwise prohibited by law, any Offer: (a) is valid only at the store identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order.

4. 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.

5. 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. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them). We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Web Site by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Web Site, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using.

6. Placing an Order, Limitations, Acceptance.

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. 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 accept your order only upon shipment of the product. 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. By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use. You may not order products with the intent to resell them. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession or use of any item purchased. 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.

7. FanCash.

FanCash is a loyalty discount redeemable only toward future purchases on websites then offering FanCash or, at our discretion, certain other websites operated by us or one of our affiliates. No consideration is required from you to obtain FanCash. In order to obtain FanCash you must make a qualifying purchase through a website which is then offering FanCash (i) while logged into a customer account registered with a valid email address, or (ii) as a guest and claiming the FanCash by creating a customer account or logging into your existing customer account prior to your next order (as specifically instructed after your purchase). All merchandise (including sale and promotional items) is eligible for earning FanCash, excluding gift cards. If you return merchandise, FanCash used towards the purchase will be credited to your FanCash balance, and Fanatics reserves the right to deduct FanCash earned on the purchase from your FanCash balance. When you login to your account, you may view your FanCash balance, which will be applied automatically toward the next qualifying purchase, and you will also be able to see which websites are currently offering FanCash. Use the same email address to login on each website in order to link your FanCash balance to the site, see your balance, and use your FanCash. Unless required by law, FanCash is not redeemable for cash, and cannot be transferred, sold or distributed to others and cannot be applied to shipping, expenses or sales taxes. You will receive periodic emails about your FanCash balances and program news or promotions. FanCash expires at 11:59 PM EST 12/31 of the year in which it was earned, unless otherwise specified at the time of earning. We reserve the right to discontinue FanCash or modify the terms applicable to FanCash at any time. FanCash is a registered trademark of Fanatics, Inc..

8. 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 copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, post, edit, 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.

9. Trademarks.

Certain trademarks, trade names, service marks, designs, slogans, taglines and logos used or displayed on this Web Site are registered or 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, nor your access or use of 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.

10. 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.

11. 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.

12. 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; l) attempting to include any of the following in merchandise that is offered for sale through the Web Site and that permits user-added content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party’s authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or m) 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.

13. User Information.

Other than personal information that 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. We do not accept any unsolicited ideas to this Web Site including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to this Web Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant to and 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 with no compensation to you. 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. You represent and warrant that: (a) you own the User Communication posted by you on the Web Site or otherwise have the right to grant the license set forth in this Section 12; (b) your User Communication does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Communications on the Web Site does not result in a breach of any contract between you and a third party. You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Communications. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Web Site. 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.

14. DISCLAIMERS.

TO THE FULLEST EXTENT PERMITTED BY LAW YOUR USE OF THIS SITE IS AT YOUR RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE WEBSITE. 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 LIMITATION, 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.

15. LIMITATIONS OF LIABILITY.

IN NO EVENT SHALL FRG, ITS AFFILIATES, NMG OR NASCAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FANATICS, THE FANATICS ENTITIES OR THE PARTNER ENTITIES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS. 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.

16. Arbitration/No Class Action.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the Web Site constitutes your acceptance of this provision.
As a condition of using the Web Site, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Web Site (except for small claims court Claims, if applicable), shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees (“Fees”) will be governed by AAA’s rules. The AAA’s rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims. 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.

17. Termination of Access or Account.

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.

18. 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. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Web Site are personal to you and may not be transferred or assigned.

19. Miscellaneous.

Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be illegal, invalid, void or for any reason unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall be unaffected and shall continue to be fully valid, binding and enforceable. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.

20. Additional Assistance.

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