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TERMS AND CONDITIONS OF SERVICE
SERVICE AND CONDITION OF USE
The Jeff Burton Fan Club provides merchandise for sale and other benefits to its members. By use of your membership, you acknowledge that the Limitation of Liability set forth below applies to the Jeff Burton Fan Club and its affiliates with respect to any liability arising from purchases, use of membership benefits, use of the Jeff Burton Fan Club Internet site, and any other offers provided by the Jeff Burton Fan Club. Without notice, the Jeff Burton Fan Club may modify the Service and Condition of Use at any time. You agree to use the Jeff Burton Fan Club in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined in this Agreement.
RESTRICTIONS ON USE
Material obtained by you, in any manner whatsoever, from the Jeff Burton Fan Club or its Internet site may not be copied, distributed, republished, uploaded, posed, framed, or transmitted in any way, without the express written authorization of the Jeff Burton Fan Club. Any Jeff Burton Fan Club material presented in any form of media, including material displayed on any Internet site is provided by the Jeff Burton Fan Club for consumers' personal use and information. Should you download any information, software, images, audio, or video (collectively or separately referred to as "Software") from any Internet site, the Software is deemed to be licensed to you, personally, by the Jeff Burton Fan Club. To the extent you obtain any rights to the Software, these rights may not be assigned, transferred, or sublicensed by you to any party whatsoever. Neither title, intellectual, nor any other proprietary rights are transferred to you, but shall remain with the Jeff Burton Fan Club. You may not distribute, resell, decompile, reverse engineer, disassemble, or otherwise convert the Software or any portion thereof, to a human perceptible form.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, and all other information communicated by you to either the Jeff Burton Fan Club or its affiliates will forever be the property of the Jeff Burton Fan Club and/or its affiliates without any further consideration. Under no circumstance will either the Jeff Burton Fan Club or its affiliates be required to treat any Submission as confidential. You represent and warrant to the Jeff Burton Fan Club and its affiliates that each Submission you make is your original work and that such submission does not violate the rights of any third party. Without limitation, the Jeff Burton Fan Club and/or its affiliates shall have exclusive ownership of all present and future rights to all Submissions of every kind and nature whatsoever. The Jeff Burton Fan Club and/or its affiliates shall be entitled, but shall have no obligation, to use any submission for any commercial use or other purposes whatsoever, without compensation to you or any other person sending any Submission. You acknowledge that you, and not either the Jeff Burton Fan Club or its affiliates, are responsible for any Submission provided by you or on your behalf, including but not limited to the accuracy, legality, originality, and title of any such Submission.
Submission or posting of any information, data, or material which violates any U.S. Federal, state or local regulation or law (including but not limited to material protected by copyright, trade secret or any other statute, and threatening, defamatory, or obscene material) is strictly prohibited. You agree to indemnify, hold harmless and defend the Jeff Burton Fan Club and/or its affiliates from any claims, losses, damages, and expenses (including reasonable attorneys' fees) incurred as a result of your use of such services.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
Customer acknowledges that use of this website, the Jeff Burton Fan Club, its merchandise, and/or services/benefits is at customer's own risk. The Jeff Burton Fan Club and the merchandise provided is "as is," without warranty of any kind, either express or implied, including, without limitation, any warranties of title or warranties of merchantability and/or fitness for a particular purpose. This disclaimer of liability applies to any delay in delivery of merchandise ordered, whether for breach of contract, negligence or under any other cause of action. Neither the Jeff Burton Fan Club, their agents, affiliates, suppliers, or content providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of this agreement, including but not limited to use of or inability to use the Jeff Burton Fan Club, fulfillment of any merchandise or from the merchandise itself. Customer hereby acknowledges that the provisions of this section shall apply to all content on and merchandise ordered through this website and/or the Jeff Burton Fan Club. Customer further acknowledges that neither the Jeff Burton Fan Club, their agents, nor affiliates shall have any liability arising out of breaches in transaction security caused by third parties.
INDEMNIFICATION
Customer agrees to indemnify and hold the Jeff Burton Fan Club, their successors, assigns, agents, affiliates, employees, and directors harmless from any dispute which may arise from a breach of this Agreement. Customer agrees to hold the Jeff Burton Fan Club, their successors, assigns, agents, affiliates, employees, and directors harmless from any claims and expenses, including reasonable attorneys' fees and court costs, related to Customer's use of the Jeff Burton Fan Club and/or breach or alleged breach of this Agreement.
TRADEMARKS
The marks and logos on this site are the registered trademarks of Jeff Burton Autosport's, Inc. ("JBA") and may be used only with the express written consent of JBA. Other trademarks on this website are used with the express consent of their respective owners and are protected under the trademark laws of the United States.
TERMINATION OF SERVICE/CHANGE IN TERMS AND CONDITIONS
The Jeff Burton Fan Club reserves the right to change any or all of the terms and conditions herein without notice. The Jeff Burton Fan Club may terminate your membership or access rights to the Jeff Burton Fan Club or its Internet site at any time, without notice, for conduct the Jeff Burton Fan Club believes violates the Terms of Service or other policies or guidelines the Jeff Burton Fan Club observes, whether or not contained in this Agreement. Additionally, the Jeff Burton Fan Club may terminate your membership or access rights to the Jeff Burton Fan Club or its Internet site for online conduct that the Jeff Burton Fan Club believes is harmful to other customers, to the Jeff Burton Fan Club's business, or to other information providers. Upon termination of service or any other restriction of your access and/or membership, you shall destroy all materials obtained from or through the Jeff Burton Fan Club or its Internet site, including all Software, and all related documentation and all copies, printouts and installations.
USE OF COLLECTED INFORMATION
The information collected from prospective customers, current members, and/or former members is used to improve our service to members, the content of our Web page, to customize the content and/or layout of our page for each individual consumer, and to notify consumers about updates to our Web site.
From time to time, we make names, addresses and e-mail addresses of those we have on file available to other reputable organizations whose products or services we think you might find interesting. If you do not want us to share your name, address or e-mail address with other companies or organizations, please give us notice as stated in the Terms and Conditions of Service published online at the Jeff Burton Fan Club Web site.
OPTING OUT
By joining the fan club, you are automatically opting to receive updates from JeffBurton.com. Please email jbfan@jeffburton.com to be removed from the mailing list.