Updated November 2003

Welcome to Mercadel Motorsports, LLC!

We have developed these Terms of Service to govern your use of Mercadel Motorsports, LLC. Your use of our site tells us you have read and agreed to these Terms of Service and to our Privacy Policy. Please read both these documents carefully. If you do not agree with any of these terms, please exit Mercadel Motorsports, LLC. Mercadel Motorsports, LLC reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Service.

Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with Mercadel Motorsports, LLC, including for example reviews, directories, text, photographs, images, illustrations, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Mercadel Motorsports, LLC, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to Mercadel Motorsports, LLC, you may do so provided you agree to cease such link upon request from Mercadel Motorsports, LLC. No other use is permitted without prior written permission of Mercadel Motorsports, LLC. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Mercadel Motorsports, LLC, not to insert any code or product or manipulate the content of Mercadel Motorsports, LLC in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

In certain cases, you may be able to obtain a license to use individual stories that appear on Mercadel Motorsports, LLC through online functionality we have specifically designated (e.g., to e-mail a story to a friend). In such cases, we will tell you directly in the portion of the Content you may license or you will see a link in the Content itself. If you do not see such authorization or link, you should assume no third party has the right to allow you to use the Content.

Copyright Complaints. Mercadel Motorsports, LLC respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on Mercadel Motorsports, LLC, please contact us at the address listed below under the heading "Contact Us."

Membership and Registration. If you become a Member of Mercadel Motorsports, LLC and/or it's affiliate websites, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. We reserve the right to terminate your Membership if individuals from more than one household access Mercadel Motorsports, LLC using any single user name or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access Mercadel Motorsports, LLC using your name in whole or in part without our permission. If you believe someone has accessed Mercadel Motorsports, LLC using your user name and password without your authorization, e-mail us immediately at the address listed below.

User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, Mercadel Motorsports, LLC, including for example communication during registration, communication on any Mercadel Motorsports, LLC affiliated bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of Mercadel Motorsports, LLC that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).

Transactions and e-commerce on our site.Other Specifics About Interactive Areas (Message Boards, Chat Areas, automated posting of classified or other advertising, etc.). Mercadel Motorsports, LLC bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of Mercadel Motorsports, LLC and the volume of messages and postings, Mercadel Motorsports, LLC cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the bulletin boards, chat rooms, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. Mercadel Motorsports, LLC reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

General Disclaimer and Limitation of Liability: While Mercadel Motorsports, LLC uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Mercadel Motorsports, LLC does not represent or warrant that use of any Content will not infringe rights of third parties. Mercadel Motorsports, LLC has no responsibility for actions of third parties or for content provided or posted by others.

USE OF MERCADEL MOTORSPORTS, LLC IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER MERCADEL MOTORSPORTS, LLC, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING MERCADEL MOTORSPORTS, LLC, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH MERCADEL MOTORSPORTS, LLC, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF MERCADEL MOTORSPORTS, LLC OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES MERCADEL MOTORSPORTS, LLC WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. MERCADEL MOTORSPORTS, LLC AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

MERCADEL MOTORSPORTS, LLC CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. MERCADEL MOTORSPORTS, LLC DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE MERCADEL MOTORSPORTS, LLC. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL MERCADEL MOTORSPORTS, LLC OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MERCADEL MOTORSPORTS, LLC OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, MERCADEL MOTORSPORTS, LLC, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF MERCADEL MOTORSPORTS, LLC; (2) MERCADEL MOTORSPORTS, LLC'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users. Mercadel Motorsports, LLC is controlled, operated and administered by Mercadel Motorsports, LLC from its offices within the United States. Mercadel Motorsports, LLC makes no representation that materials or Content available through Mercadel Motorsports, LLC are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Mercadel Motorsports, LLC or export the Content in violation of U.S. export laws and regulations. If you access Mercadel Motorsports, LLC from a location outside the United States, you are responsible for compliance with all applicable laws.

Miscellaneous: Mercadel Motorsports, LLC reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of Mercadel Motorsports, LLC after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

Mercadel Motorsports, LLC may modify, suspend, discontinue or restrict the use of any portion of Mercadel Motorsports, LLC, including the availability of any portion of the Content at any time, without notice or liability. Mercadel Motorsports, LLC may deny access to any person or user at any time for any reason.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Mercadel Motorsports, LLC must be filed in a federal or state court located in Dallas, Texas, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Mercadel Motorsports, LLC to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Mercadel Motorsports, LLC, and all other provisions for which survival is equitable or appropriate.

In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.

Contact Us. To contact Mercadel Motorsports, LLC, please use the following:

Mercadel Motorsports, LLC
customerservice@mercadelmotorsports.com