TERMS OF USE
(Effective 10/24/2023)
A. INTRODUCTION AND ACCEPTANCE
Indianapolis Motor Speedway, LLC (“IMS,” “us,” “we,” or “our”) offers you access to the Services (defined below). These Terms of Use is an agreement that governs your use of our Services. Our Services include:
- Our websites (including www.indianapolismotorspeedway.com);
- Our mobile or other applications;
- Our social media pages; and
- Our other content, products, services, and materials.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY USING ANY OF OUR SERVICES YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use and will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check these Terms of Use to determine if there have been changes and to review such changes.
IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT USE VIEW, DOWNLOAD, OR OTHERWISE USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES.
B. INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, code, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all copyrights, trademarks, service marks, trade names, and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Additionally, all trademarks, service marks, trade names, and trade dress that may appear on the Services are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
C. ACCESS AND USE
(A) IF YOU ARE UNDER THE AGE OF 16, THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES (SEE BELOW), OR OTHERWISE PROVIDE OR SUBMIT TO US ANY PERSONAL INFORMATION, OR USER CONTENT (DEFINED BELOW) UNLESS WE RECEIVE VERIFIABLE CONSENT FROM YOUR PARENT OR GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE TERMS OF USE FOR THE BENEFIT OF AN INDIVIDUAL WHO IS A MINOR IN YOUR JURISDICTION OF RESIDENCE, PLEASE BE ADVISED THAT YOU ARE AGREEING TO THESE TERMS OF USE FOR YOURSELF AND SUCH INDIVIDUAL AND ARE FULLY RESPONSIBLE FOR SUCH INDIVIDUAL’S USE OF THE SERVICES INCLUDING WITHOUT LIMITATION ANY PURCHASES MADE USING THE SERVICES, USER CONTENT, AND ANY LEGAL LIABILITY THAT YOU AND/OR SUCH INDIVIDUAL MAY INCUR.
You represent and warrant that you: (a) have not previously been suspended or removed from the Services or from any other offerings by IMS; (b) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; and (c) that you understand that the use of the Services is at your own risk. The Service Content may not be appropriate or functional for use outside the United States of America. Users located outside the United States use the Services understanding this limitation.
(B) We may offer certain portions of our Services at no charge (e.g., websites) and others (e.g., mobile applications) for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers). For example, unless we specifically tell you otherwise, the use of any of our mobile applications is limited to the relevant device and/or operating system you are using at the time you purchase the license to use the application.
(C) Our Services are provided for your personal, non-commercial use only. You acknowledge that IMS reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install, or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content.
IMS RESERVES THE RIGHT TO REVOKE ANY LICENSE OR AUTHORIZATIONS UNDER THESE TERMS OF USE, AT ANY TIME.
(D)Except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
(ii) circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Services (or any portion thereof) or Service Content for any purpose without our express written permission;
(iv) collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of our Services or other Service Content;
(viii) use network-monitoring software to determine architecture of or extract usage data from our Services;
(ix) encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership – as defined below);
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(E) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
(F) You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.
D. USER REGISTRATION & PROMOTIONAL MESSAGES
(A) If you become a registered user on the Services, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Services not available to non-registered users among other benefits. You are responsible for safeguarding and maintaining the confidentiality of your Membership, and you shall not share, and shall use your Membership solely in accordance with these Terms of Use. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at imsprivacy@brickyard.com if you become aware of any loss or theft of, or unauthorized use of your Membership.
(B) Promotional Messages. Our Services may include sending you promotional emails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, will be sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, email address, mobile number).
(i) Emails/Newsletters. You may opt-out of receiving our emails/newsletters by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
(ii) Text/SMS Messages. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan, you may be charged message and/or data charges by your wireless carrier; (2) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges; (3) if you have any questions about our Message Service or need assistance, you may contact us at tickets@brickyard.com; (4) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; (5) we do not guarantee or warrant that you will receive all or any of our messages; and (6) our Message Service may be administered by a third party (the “Administrator”) and we reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions.
(iii) Mobile Alerts. Certain portions of our Services may provide mobile alerts to the device you use to access such Services. Additionally, if you are a registered user, you will be able to sign up for certain alerts specific to your personal settings. The types and frequency of mobile alerts that you will receive will depend on your selections at registration. To sign up to receive mobile alerts, you must be a registered user of the Services and you must be 18 years of age or older. Mobile alerts may not be available for all users. Message and data rates may apply. Mobile Alerts preferences are controlled through the IMS Mobile App. A user can opt out in the Settings/Notification area of IMS Mobile App.
E. USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “Submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not Submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you Submit.
(C) You represent, warrant, and covenant that you will not Submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable or otherwise violates any applicable law;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury; or
(vii) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
(D) By Submitting User Content to us, simultaneously with such posting you automatically grant, represent, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation: (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, successors and assignees, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(E) By Submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “J. Doe – Indianapolis, IN”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
(F) Without limiting the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and all other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution and marketing partners, accounts, and third party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
F. SERVICE CONTENT & THIRD PARTY LINKS
(A) We provide the Services including, without limitation, Services Content for educational, entertainment, and promotional purposes only. You may not rely on any information and opinions expressed on any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) In many instances, Service Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through the Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(C) Any health related information that may be posted is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any such health related statements found through our Services or in any third party sites referenced in the Services. This information should be treated as general in nature which may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.
(D) If there is a dispute between persons accessing the Services or between persons accessing the Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release IMS and our affiliates and ours and their respective officers, directors, members, shareholders, employees, parents, partners, including, without limitation so-called distribution and marketing partners, licensees, successors and assigns, agents, representatives, and affiliates (collectively, “IMS Parties”) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(E) Our Services may contain links to other websites, social media pages, or applications maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the actions of, or the content found on these third party websites, social media pages, or applications. You assume sole responsibility for your use of third party links. We are not responsible for any content posted on third party websites or applications or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website, social media pages, or applications.
G. INDEMNIFICATION
You agree to indemnify and hold harmless IMS and the IMS Parties from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of the Services; (ii) User Content provided by you or through use of your Membership or our Services; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
H. DISCLAIMER OF WARRANTIES
(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, IMS AND THE IMS PARTIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICES CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES OR SERVICES CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.
I. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL IMS OR THE IMS PARTIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IMS OR THE IMS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, THE SERVICE CONTENT IS TO STOP USING OUR SERVICES AND THE SERVICE CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS IN OR ON OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS ON IN OR ON OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY USING OUR SERVICES.
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF IMS AND IMS PARTIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY IMS DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
J. TERMINATION
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that IMS shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.
(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury, and all of the “MISCELLANEOUS” section.
K. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (“Designated Agent”). Our Designated Agent is:
Email: legal@brickyard.com
Phone: (317) 492-6737
Mail: Indianapolis Motor Speedway, LLC
ATTN: DMCA Agent (Legal Dept)
4790 West 16th Street
Indianapolis, Indiana 46222
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
L. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of Indiana without regard to its conflict of laws rules. Any legal proceedings against IMS that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state and federal courts located in Marion County, Indiana and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
M. DISPUTE RESOLUTION
You agree to first contact us with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at: IMS, LLC, ATTN: Legal Department, 4790 West 16th Street, Indianapolis, Indiana 46222. We will contact you based on the contact information you have provided us or that we obtain by other means. You agree that any dispute that is not resolved informally between us shall be resolved only on an individual basis, and not in a class, consolidated, or representative action, exclusively in a state or federal court located in Marion County, Indiana as set forth in these Terms of Use.
N. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT OR OTHER PROCEEDING.
O. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT OR OTHER PROCEEDING.
P. AMENDMENT; ADDITIONAL TERMS
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Services generally, unique parts of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Services or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Services from time to time for any changes or Additional Terms. Your access and use of any our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and Services Content and, if applicable, terminate your Membership.
Q. MISCELLANEOUS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, you and we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, you and we agree only that provision shall be stricken and that the remaining terms of these Terms of Use shall remain in force.
(C) These Terms of Use (including any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.