Terms and Conditions of Service 

Welcome, and thank you for your interest in 2311 Racing, LLC (“Company”, “we” or “us” used herein). This Terms and Conditions of Service Agreement (“Agreement”) describes the terms and conditions applicable to your use of the Company websites (see list below) and any applicable mobile application and their respective content, programs, networks, applications, applicable Contests (as defined in Section 21 herein), subscriptions, services, features, tools, newsletters, and materials (“Site”) available under the domain and sub-domains of the Site and is a legally binding contract between you and Company. The Site, and your use thereof, is subject to these Terms of Use (the “Terms of Use” or “Terms”), our privacy policy (the “Privacy Policy”) and rules, regulations, and conditions related to applicable Contests (the “Rules”). This Agreement also contains waivers, limitations of liability, and indemnification provisions for the benefit of Company and certain other third parties related to Company; if you do not or cannot agree with any part of this Agreement, you may not use the Site and/or any part of the Site. As stated above, the Company and other third-party websites that are included in the definition of “Site” are as follows:
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• www.23xiracing.com 
• www.23XIfanshop.com 
• www.speedinstitute.23xiracing.com 
• Any other website, whether owned and/or operated by Company or a third party, as determined by Company that is related to the Site  

PLEASE READ THE FOLLOWING TERMS CAREFULLY 
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BY USING OR OTHERWISE ACCESSING OUR SITE, OR CLICKING TO ACCEPT OR AGREE TO  THESE TERMS WHEN AVAILABLE, YOU ARE ACCEPTING AND AGREEING TO ADHERE TO  THESE TERMS, OUR PRIVACY POLICY, AND ANY ADDITIONAL RULES RELATED TO  PROMOTIONAL CONTENTS (COLLECTIVELY, THE “POLICIES”), AND REPRESENTING AND  WARRANTING THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO, ABIDE BY,  AND COMPLY WITH THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO  THE POLICIES, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF  THE SITE CONSTITUTES AN AGREEMENT BY COMPANY AND BY YOU TO BE BOUND BY  THESE POLICIES. 

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19 of this Agreement, you  agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A  TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE  PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your  rights under this Agreement (except for matters that may be taken to small claims court). Your rights will be  determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. 

1. CONTENT AND CONTENT OWNERSHIP 
1.1 This Site is owned and operated by Company. Unless otherwise noted on the Site, all digital platforms,  media, and information relating to and/or on the Site, including without limitation all visual interfaces, graphics,  design, compilations, information, audio, video, data, online services, text, pictures, games, animation, computer  code (including source code or object code), products, software, services, and all other elements of the Site (“Content”) are protected by exclusive rights, copyrights, trademarks, service marks, patents, and/or other proprietary rights of Company or third parties who have licensed Company to make such Content available to Site  users. Company, on behalf of itself, its Content providers, and licensors, expressly reserves any and all intellectual  property rights in all Content accessible through this Site. Except as expressly provided herein, no right, title, or  interest in any Content is transferred to you as a result of your registration with the Site, your use of the Site or  your payment (if applicable) to Company or any third party in exchange for the ability to access and view particular  Content. 

1.2 The Content on the Site does not constitute medical advice. You should always consult your doctor before engaging in any exercise, training, or athletic program, and if you ever feel discomfort or pain, you immediately discontinue the activity. The Company is not responsible for any medical or health problems that may result from you engaging in any activities described on the Site or from any information you obtain from the Site.

2. ELIGIBILITY 
You must be at least thirteen (13) years old to use the Site. By agreeing to these Terms, you represent and warrant  to us that: (a) you are at least thirteen (13) years old; (b) you have not previously been suspended or removed from  any part of the Site; and (c) your registration for and/or use of the Site is in compliance with any and all applicable  laws and regulations. Additionally, persons under the age of eighteen (18) may not undertake transactions or take  other legal acts on this Site without the prior written express consent of a parent or legal guardian, unless permitted  by applicable law. 

3. PERMISSIBLE USE AND LICENSES; PROHIBITED CONDUCT; PRICING; AND PAYMENT
3.1 All use of the Site and Content is for your private, non-commercial viewing and use ONLY. Through the  Site, Company and third-party Content and service providers make their Content available to Site users, including  you, subject to certain written and/or electronic restrictions which may limit your access to or use of the Content  on a title-by-title basis (e.g., time and geographic restrictions, membership level restrictions). You acknowledge  that Company or its licensors may include digital rights management technology in the Content, and that such  technology may “time out” or automatically disable your ability to view and use certain downloaded or streaming  Content after a stated period of time. 3.2 Subject to your complete and ongoing compliance with these Terms under this Agreement, Company grants you, solely for your personal, private, and non-commercial use in accordance with this Agreement, a  limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.  

3.3 Except and solely to the extent such a restriction is impermissible under applicable law or as otherwise  stated by Company in these Terms, you may not: (a) reproduce, distribute, transmit, perform, republish,  rebroadcast, translate, modify, create derivative works or compilations from, sell or otherwise exploit, in whole  or in part, any of the Site or Content; (b) make modifications to the Site; (c) interfere with or circumvent any  feature of the Site, including any security or access control mechanism; (d) use the Site and/or Content so as to  violate any copyrights, trademarks, patents, trade secrets, privacy or publicity rights, or any other intellectual  property rights of Company or any other third party; (e) use the Site and/or Content so as to violate any  communications regulations or statutes, or any other local, state, national, or international laws, including without  limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations, or omissions; (f)  interfere with the Site’s service to any user, host, or network, including without limitation via means of submitting  a virus to the Site or its users, overloading, “flooding”, “spamming”, mailbombing”, or “crashing”; (g) “mirror”  or frame any Content contained on or through the Site by any means; (h) remove, decompile, disassemble, or  reverse engineer any Site software or Content; (i) use any robot, spider, bot, or other automatic device or process  to monitor or copy any portion of this Site or any Content; (j) test, probe, or scan the vulnerability of the Site or  breach security or authentication measures; (k) use the Site for the purpose of gathering information for or  transmitting unsolicited email, including promotions and/or advertising of products or services; (l) export or re export the Site, Content, or any portion thereof, or any software available on or through the Site, in violation of  any applicable export control laws or regulations; (m) perform any fraudulent activity including impersonating  any person or entity, claiming a false affiliation, accessing any other Site account without permission, or falsifying your age or date of birth; and/or (n) assist or permit any person in engaging in any of the acts described in this paragraph.

3.4 If you are prohibited under applicable law from using the Site, you may not use it. If you violate this  Agreement, your permission to access and use the Site will automatically terminate as determined by Company in its sole discretion. 

3.5 You may establish only one account per person to participate in the services offered on the Site. In the  event Company discovers that you have opened more than one account per person, in addition to any other rights  that Company may have, Company reserves the right to suspend or terminate any or all of your accounts and  terminate, withhold, or revoke the awarding of any benefits relating to Contests. 

3.6 Pricing and/or terms of sale relating to your use of the Site and/or any part thereof, if applicable, will be  those in effect at the time of your use of the Site. Notwithstanding the foregoing and anything herein to the  contrary, Company reserves the right to modify the price of any product, fee-based service, or feature within the  Site at any time without need for advanced notice as further enumerated in Section 20.12 herein. 

3.7 We accept the following forms of payment: Visa, Mastercard, American Express, and Discover. You  agree to provide current, complete, and accurate purchase and account information for all purchases made via the  Site. You further agree to promptly update account and payment information, including email address, payment  method, and payment card expiration date, so that we can complete your transactions and contact you as needed.  Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All prices are quoted in US dollars and all payments shall be in US dollars. 

3.8 You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.  We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received  payment. 

3.9 We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or  cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed  by or under the same customer account, the same payment method, and/or orders that use the same billing or  shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed  by dealers, resellers, or distributors. The creation or transmission of an order confirmation by Company does not  signify acceptance of your order, nor does it constitute a binding confirmation of an offer to sell any product or  service, and Company expressly reserves the right to accept or decline your order for any reason up until the time  the product and/or service is actually delivered to you. An order can be cancelled for various reasons pursuant to  our cancellation policy at [https://www.fanatics.com/how-do-i-cancel-or-change-my-order/ch-2687]. If you are  unsatisfied with a product, you may return that product in accordance with and pursuant to our return policy at  [https://www.fanatics.com/what-is-your-return-policy/ch-2358]. 

3.10 Any applicable subscriptions entered into by you through the Site will continue and automatically renew  unless canceled. You consent to our charging your payment method on a recurring basis without requiring your  prior approval for each recurring charge, until such time as you cancel the applicable subscription. The length of  your billing cycle will depend on the type of subscription plan you choose when you subscribed to the applicable  subscription. You can cancel any subscription at any time by logging into your account. Your cancellation will  take effect at the end of the current paid subscription term.  

3.11 Unless otherwise noted, all paid transactions are final. Once you have accessed any particular Content,  subscription, service, or other paid benefit of the Site whether by downloading, live streaming, on-demand or  otherwise, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the specific terms  attached to that Content by its owner (e.g., terms providing that downloaded Content may be used for a specified  period before it is automatically timed out or disabled on your device). Company and its licensors shall have no responsibility to reimburse you, whether by refund or credit, in the event you are dissatisfied with any particular  Content (e.g., potentially offensive material or an error by you as to which title you intended to license), the quality  of the Content (e.g., the quality of video or audio), the terms applicable to use of the Content as required by its  owner (e.g., the duration of your license), the delivery of the Content to you (e.g., the speed of your Internet  connection to Company servers) or any other matters outside Company’s control. The Site and Content are subject  to transmission limitations of the Internet, including without limitation video and audio dropouts, re-buffering, or  loss of connection. Programming, pricing, terms, and conditions of the Site are subject to availability and change. 

4. ACCOUNTS AND REGISTRATION 
‍To access some features of the Site, you may be required to register and create a personal account. When you  register for an account, you may be required to provide us with some information about yourself, such as your  name, date of birth, address, email address, or other contact information (or such other form of identification as  we may require). You agree that the information you provide to us is accurate and that you will keep it accurate  and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible  for maintaining the confidentiality of your account and password, and you accept responsibility for all activities  that occur under your account. If you believe that your account is no longer secure, then you must immediately  notify us at info@23xiracing.com. Furthermore, we reserve the right, and you authorize us, to use all information  about you in a manner consistent with the Privacy Policy. 

5. UNSOLICITED SUBMISSIONS TO COMPANY 
‍In order to avoid potential misunderstandings and conflicts, we do not accept or consider creative ideas,  suggestions, or materials other than those we have specifically requested. All unsolicited creative materials,  suggestions, ideas, or other information communicated by you to Company (“Submissions”) will be deemed the  property of Company, and without limitation, we will have exclusive ownership of all present and future existing  rights to the Submission of every kind and nature everywhere, including without limitation the unrestricted,  perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Submissions in any manner and  for any commercial or other purpose whatsoever, including without limitation to improve the Site and create  additional Content (including without limitation new products and services), without compensation to you or any  other person who contributed to the Submission. We will not be required to treat any Submission as confidential  or subject to a proprietary interest owned by you or any other person who may have contributed to the Submission.  You acknowledge that you are responsible for whatever material you submit, and you, not Company, have full  responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. For  these reasons above, we ask that you not send us any Submissions that you do not wish to assign to the Company. 

6. THIRD PARTY CONTENT AND SITES 
‍6.1 The Site may contain links to third-party websites and/or applications that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, services, privacy policies, or practices of any third-party websites or other applications (the “Third-Party Content”). In addition, Company will not and cannot censor or edit any Third-Party Content. You agree that Company is not responsible for any and all Third-Party Content that such third parties make available through the Site. You also agree that, to the extent Site users post any information on the Site, those users, and not Company, are entirely responsible for all information posted by them, including without limitation photos, video, images, folders, data, text, and other types of works (the “User Content”). Company and its licensors do not guarantee the accuracy, integrity, or quality of any Third-Party Content or User Content. Neither Company nor its licensors shall be liable in any way for any Third-Party Content and/or User Content made available on the Site, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret, or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error, or omission.

6.2 Company may provide tools through the Site that enable you to export information to third party services,  including through features that allow you to link your account on Company’s Site with an account on the third party service, such as Twitter, Instagram, or Facebook, or through our implementation of third-party buttons (such  as “like” or “share” buttons). By using these tools, you agree that Company may transfer that information to the applicable third-party service. Third party services are not under Company’s control, and, to the fullest extent  permitted by law, Company is not responsible for any third-party service’s use of your exported information.  

6.3 Additionally, inclusion of links from our Site to any third-party website or other third-party digital  platform or medium does not imply our approval or endorsement of the third party and/or such third-party website  or other digital platform or medium. If you decide to leave our Site and access the third-party sites or other third party digital platform or medium, you do so at your own risk. Company is not responsible for the availability of  such external sites or other third-party digital platform or medium and does not endorse and is not responsible or  liable for any content, privacy policies, advertising, products, or other materials on or available from such sites or  other third-party digital platform or medium. You acknowledge and agree that Company will not be liable for any  damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content,  goods, or services available through any such third-party sites or other third-party digital platform or medium. 

6.4 The Site may include or incorporate third-party software components (“Third-Party Components”).  Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is  intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses. 

6.5 Your use of the Site constitutes your agreement to any and all terms and conditions and privacy policies  of third parties related to Third-Party Content you come into contact with through your use of the Site (the “Third Party Terms”). If you do not or cannot agree with any part of the Third-Party Terms, you may not use the Site  and/or any part of the Site. 

7. TERMS APPLICABLE TO MOBILE APPLICATIONS 
‍7.1 Company may from time to time offer mobile applications (“Mobile Apps”). Mobile Apps are part of the  Site and governed by these Terms. 

7.2 If you choose to use any of our Mobile Apps, then Company grants you a limited, non-exclusive, non transferable, non-sublicensable, and revocable license to download, install, and use the Mobile App for your  personal, non-commercial use on a mobile device that you own or control. 

7.3 You acknowledge and agree that our Mobile Apps are offered under license, and not sold to you. You do  not acquire any ownership interest in any of our Mobile Apps under these Terms or any other rights other than to  use a Mobile App in accordance with and subject to these Terms. Company and its third-party licensors reserve  and retain their entire right, title, and interest in and to each Mobile App, including all copyrights, trademarks, and  other intellectual property rights therein or relating thereto, except as expressly granted to you under the license  described in these Terms. 

7.4 When you download a Mobile App from a third-party application platform, such as Google Play or  Apple’s App Store (“App Platform”), you acknowledge and agree that: 
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(A) These Terms are an agreement between you and Company and not with the App Platform. As  between Company and the App Platform, Company is solely responsible for its Mobile Apps;
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(B) The App Platform has no obligation to provide any maintenance and support services with respect  to the Mobile Apps; 
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(C) The App Platform is not responsible for addressing any claims you have relating to the Mobile  Apps or your possession and use of the Mobile Apps; 
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(D) The App Platform and its subsidiaries are third-party beneficiaries of these Terms as it relates to  your license to the Mobile Apps. Upon your acceptance of the terms and conditions of these Terms, the App Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms  as related to your license of the Mobile Apps against you as a third-party beneficiary thereof; and 
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(E) You must also comply with all applicable third-party terms, including the App Platform’s terms  of service, when using the Mobile Apps. 

8. USER CONTENT 
‍8.1 Certain features of the Site may permit users to upload User Content to the Site, and to publish User  Content on the Site. You retain any copyright and other proprietary rights that you may hold in the User Content  that you post to the Site. 
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8.2 By providing User Content to or via the Site, you grant Company an irrevocable, perpetual, worldwide,  non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer,  display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content,  in whole or in part, in any media formats and through any media channels now known or hereafter developed,  whether or not for commercial purposes. 

8.3 Company disclaims any and all liability in connection with User Content. You are solely responsible for  your User Content and the consequences of providing User Content via the Site. By providing User Content via  the Site, you affirm, represent, and warrant that: 

(A) You are the creator and owner of the User Content, or have the necessary licenses, rights,  consents, and permissions to authorize Company and users of the Site to use and distribute your User  Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated  by Company, the Site, and these Terms; 

(B) Your User Content, and the use of your User Content as contemplated by these Terms, does not  and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright,  trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual  property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other  property rights of any other person; or (iii) cause Company to violate any law or regulation; and 

(C) Your User Content could not be deemed by a reasonable person to be objectionable, profane,  indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. 

8.4 We are under no obligation to edit or control User Content that you or other users post or publish and will  not be in any way responsible or liable for User Content. Company may, however, at any time and without prior  notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is  otherwise objectionable. You understand that when using the Site, you will be exposed to User Content from a  variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable.  You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Company with respect to User Content. If notified by a user or User Content owner that User Content allegedly does not  conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove  the User Content, which we reserve the right to do at any time and without notice. For clarity, Company does not  permit copyright-infringing activities on the Site. 

8.5 Company does not control and does not have any obligation to monitor: (a) User Content; (b) any content  made available by third parties; or (c) the use of the Site by its users. However, and notwithstanding the foregoing,  you acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all  information transmitted or received through the Site for operational and other purposes. If at any time Company chooses to monitor the content, Company still assumes no responsibility or liability for content, or any loss or  damage incurred as a result of the use of content. During monitoring, information may be examined, recorded,  copied, and used in accordance with our Privacy Policy within these Terms.

9. COMPLAINTS AND INVESTIGATIONS 
‍In order to ensure that Company provides a high-quality Site that is in compliance with all applicable laws,  Company reserves the right to access your account and information to investigate complaints or allegations of  abuse against you. Company does not have an obligation to inform you of any complaints against you or the  commencement or results of any investigation. Company has no obligation to investigate any complaint made by  you or against you. We reserve the right, but have no obligation, to take any action we deem appropriate following  an investigation, including but not limited to reporting any suspected unlawful activity to law enforcement  officials, regulators, or other third parties and disclosing any relevant information, including without limitation  your contact information, usage history, posted materials, IP addresses and traffic information. 

‍10. SERVICE RESTRICTIONS 
‍We reserve the right to refuse service, including registration, subscription, or any transactions, to anyone for any  reason or no reason. You agree that Company, in its sole discretion and without advance notice to you, may  terminate, suspend, or otherwise place restrictions on your account, password, or use of the Site, for any reason  or no reason. Upon termination of your account, you must cease use of the Site, erase any Content from all  computer memories and storage devices within your possession or control, and destroy all materials obtained in  connection with the Site and all related documentation and all copies and installations thereof. You agree that  Company and its licensors will not be liable to you or any third party for any refusal of service, suspension,  termination, or other restriction of your access to or use of the Site or any third party’s access to or use of the Site. 

‍11. MODIFICATION OR INTERRUPTION OF SERVICE 
‍Company reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof)  without advance notice to you. You agree that Company and its licensors will not be liable to you or to any third  party for any modification of the Site or any interruption of the availability of the Site, regardless of reason or duration. Company reserves the right to modify the price of any fee-based service or feature within the Site at any  time without need for advanced notice. Company is not responsible for any error in copy, images, or video relating  to any service or feature of the Site. 

12. COMMUNICATIONS 
‍12.1 Company and those acting on our behalf may send you text (SMS) messages at the phone number you  provide us, including to verify your account upon registration. When you provide your phone number, you agree  to receive messages from us. These messages may include operational messages about your use of the Site,  account verification, and password reset instructions. Message frequency varies, and additional messages may be  sent periodically based on your interaction with the Site. The Company reserves the right to (a) alter the frequency  of messages sent at any time to increase or decrease the total number of sent messages, (b) change the short code  or phone number from which messages are sent to you, (c) change or terminate our messaging program at any  time, and (d) update these messaging terms at any time (such changes to be effective immediately upon the posting  of such update, and your continued enrollment in our messaging program following the changes shall constitute  your acceptance of such changes). You may update the phone number associated with your account at any time  through the Site or by sending an email to info@23xiracing.com. Your duty to inform us as to any change in the  phone number associated with your account is a condition of using this service to receive messages. 

12.2 Text messages may be sent using an automatic telephone dialing system. Carriers and the Company are  not liable for delayed or undelivered messages. Your agreement to receive text messages is not a condition of any  purchase or use of the Site. Standard data and message rates may apply whenever you send or receive such  messages, as specified by your carrier. 

12.3 You can cancel receiving messages any time by sending a reply text stating “STOP”. After you send the  SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more  messages will be sent. If you would like to receive messages from Company again, please sign up as you did the first time and the Company will start sending messages to you again. Text “HELP” at any time and we will  respond with instructions on how the unsubscribe from receiving messages. HOWEVER, PLEASE NOTE THAT  OUR OPERATIONAL TEXT MESSAGES AS MENTIONED IN SECTION 12.1 ABOVE ARE ESSENTIAL  TO YOUR USE OF THE SITE. IF YOU DO NOT WISH TO RECEIVE OPERATIONAL TEXT MESSAGES  FROM US, THEN DO NOT USE THE SITE. 

12.4 Additionally, we may send you emails concerning our products and services, as well as those of third  parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional  email itself. 

12.5 For support regarding messages and emails, please email us at info@23xiracing.com.

13. DIGITAL MILLENNIUM COPYRIGHT ACT 13.1 We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service  providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about  material posted on the Site, you may contact our Designated Agent at the following address: 

23XI Racing 
Attn: Contract Administrator 
12311 Airspeed Drive 
Huntersville, NC 28078 
Email: info@23xiracing.com

13.2 Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property  rights must include the following information: 

(A) An electronic or physical signature of the person authorized to act on behalf of the owner of the  copyright or other right being infringed; 

(B) A description of the copyrighted work or other intellectual property that you claim has been  infringed; 

(C) A description of the material that you claim is infringing and where it is located on the Site;

(D) Your address, telephone number, and email address; 

(E) A statement by you that you have a good faith belief that the use of the materials on the Site of  which you are complaining is not authorized by the copyright owner, its agent, or the law; and 

(F) A statement by you that the above information in your notice is accurate and that, under penalty  of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or  intellectual property owner’s behalf. 

13.3 Company will promptly terminate the accounts of users that are determined by Company to be repeat  infringers. 

14. MODIFICATION OF THESE TERMS 
‍We reserve the right to change these Terms on a going-forward basis at any time, and the revised version will be  effective when it is posted. Please check these Terms periodically for changes, as it is your responsibility to  review these Terms for any changes. If a change to these Terms materially modifies your rights or obligations,  we may require that you accept the modified Terms in order to continue to use the Site. Material modifications  are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon  publication. Except as expressly permitted in this section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms  will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.  However, and notwithstanding the foregoing or anything herein to the contrary, your continued use of the Site  constitutes your agreement to any updated Terms on a prospective basis. 

15. TERM, TERMINATION AND MODIFICATION TO SITE 
‍15.1 These Terms are effective beginning when you accept the Terms or first access or use the Site and ending  when terminated as described herein.  

15.2 If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@23xiracing.com.

15.3 Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease  all use of the Site; (b) you will no longer be authorized to access your account or the Site; (c) you must pay  Company any applicable unpaid amount that was due prior to termination; and (d) all applicable payment  obligations accrued prior to termination and Sections 1, 3.3, 5, 8.2, 8.3, 15.3, 16, 17, 18, 19, 20, 21.1(D), 21.1(F),  21.1(H), and 21.2 will survive. 

15.4 Company reserves the right to modify or discontinue the Site at any time (including by limiting or  discontinuing certain features of the Site), temporarily or permanently, without notice to you. Company will have  no liability for any change to the Site or any suspension or termination of your access to or use of the Site. 

16. INDEMNITY To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and  indemnify Company and its owners, members, shareholders, equity holders, officers, directors, managers,  employees, consultants, affiliates, subsidiaries, attorneys, and agents (together, the “Company Entities”) from and  against every claim brought by you or a third party, and any related liability, damage, loss, costs, and expense,  including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or  misuse of, the Site, including without limitation payment methods used, funding of your account, and/or your  participation in any Contest or other promotion; (b) your use of any third-party website, other application, or  and/or content; (c) your violation of any portion of these Terms, any representation, warranty, or agreement  referenced in these Terms, or any applicable law or regulation; (d) your violation of any third party right, including  any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or  issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense  and control of any matter otherwise subject to indemnification by you (without limiting your indemnification  obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. 
‍
‍17. DISCLAIMERS; NO WARRANTIES 
17.1 FOR PURPOSES OF THIS AGREEMENT, THE TERM “SITE CONTENT” SHALL MEAN ANY  AND ALL CONTENT, USER CONTENT, AND THIRD-PARTY CONTENT RELATING TO THE SITE. 

17.2 THE SITE AND ALL SITE CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED  “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF  ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL SITE CONTENT, INCLUDING WITHOUT LIMITATION ALL PRODUCTS AVAILABLE THROUGH THE  SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY  WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES  NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY SITE CONTENT OFFERED THROUGH THE SITE, WILL PERFORM AS DESCRIBED OR BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND  COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. 

17.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU  FROM THE SITE OR COMPANY ENTITIES OR ANY SITE CONTENT AVAILABLE THROUGH  THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES  OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT  RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING  WITH ANY OTHER SITE USER AND/OR ANY OTHER THIRD-PARTY CONTENT OR SERVICE  PROVIDER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT  YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY  DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE  USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING WITHOUT  LIMITATION USER CONTENT. 

17.4 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT  TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT  EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR  SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF  KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE  DEBTOR OR RELEASED PARTY”. 

17.5 RELATING TO ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE, ALL SUCH  PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE  MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. COMPANY HEREBY  DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING TO PRODUCTS  PURCHASED ON OR THROUGH THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING  WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE, OR WARRANTIES RELATING TO THE ACCURACY OF ANY  PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE  COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR PRODUCT  DEFECT OR FAILURE, INCLUDING WITHOUT LIMITATION CLAIMS RELATING TO NORMAL  WEAR AND TEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER  PRODUCT SELECTION, APPLICABLE CODE NON-COMPLIANCE, OR MISAPPROPRIATION.  

17.6 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE  FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY  OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER  APPLICABLE LAW. 

18. LIMITATION OF LIABILITY 
18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS,  BUSINESS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING  TO SITE CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT  (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR  NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

18.2 EXCEPT AS PROVIDED IN SECTION 18.5 HEREIN AND TO THE FULLEST EXTENT  PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU  FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN  CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). 

18.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF  LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO  AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS  ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE  PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER  PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN  IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

18.4 IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, SITE CONTENT, OR THIS  AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE  AND THE SITE CONTENT. 

19. DISPUTE RESOLUTION AND ARBITRATION 
19.1 In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, and except as described in Sections 19.3 and 19.4 below, you and Company agree that every dispute  arising in connection with these Terms will be resolved by binding arbitration, whether such dispute arises during  your use and access to the Site or thereafter. Arbitration is less formal than a lawsuit in court. Arbitration uses a  neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject  to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This  agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether  based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a  claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY  ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A  TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 

19.2 Notwithstanding the foregoing, as a binding pre-condition to arbitration, you and Company hereby agree  to attempt to resolve any disputes relating to your use of the Site through good faith and mutual negotiation  between the parties. The aggrieved party will first provide written notice to the other party (by first class or  registered mail) describing the facts and circumstances (including any relevant documentation) of the dispute and  allowing the receiving party thirty (30) calendar days in which to respond to or settle the dispute. Dispute notices  shall be sent to (1) if to Company: 23XI Racing, Attn: Contract Administrator, 12311 Airspeed Drive,  Huntersville, NC 28078 ; and (2) if to you: at your last-used billing or registration address in your Site profile. 19.3 Despite the provisions in Section 19 herein, nothing in these Terms will be deemed to waive, preclude, or  otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an  enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek  injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual  property infringement claim.

19.4 If you do not wish to resolve disputes listed in Section 19.3 above by binding arbitration, you may opt out  of the provisions of Section 19 herein within thirty (30) days after the date that you agree to these Terms by  sending a letter to 23XI Racing, Attn: Contract Administrator, 12311 Airspeed Drive, Huntersville, NC 28078, that specifies: your full legal name, the email address associated with your account on the Site, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Company receives your Opt-Out Notice, the  entirety of Section 19 herein as between you and Company will be void and any action arising out of these Terms  will be resolved as set forth in Section 20.3 herein. The remaining provisions of these Terms will not be affected  by your Opt-Out Notice. For clarity, Company expressly reserves its rights in Section 19.3 throughout the entire  term of your access and/or use of the Site.

19.5 Any arbitration between you and Company will be governed by and settled under the Federal Arbitration  Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules  (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online  at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any  dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. 

19.6 A party who intends to seek arbitration must first send a written notice of the dispute to the other party by  certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current  physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice is: 23XI Racing, Attn: Contract Administrator, 12311 Airspeed Drive, Huntersville, NC 28078. The Notice of Arbitration  must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought  (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach  an agreement to do so within thirty (30) days after the Notice of Arbitration is received, you or Company may  commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless  otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by  you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award,  if any.  

19.7 If you commence arbitration in accordance with these Terms, Company will reimburse you for your  payment of the filing fee, unless your claim is for more than Ten Thousand U.S. Dollars ($10,000), in which case  the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place in Mecklenburg County, NC, but if the claim is for Ten Thousand U.S. Dollars ($10,000) or less, you may choose whether the  arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non appearance-based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in  Mecklenburg County, NC. If the arbitrator finds that either the substance of your claim or the relief sought in the  Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule  of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you  agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay  under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a  reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and  award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and  reimbursement of fees or expenses at any time during the proceeding and upon request from either party made  within fourteen (14) days of the arbitrator’s ruling on the merits.

19.8 YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER  ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS  MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both  you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not  otherwise preside over any form of a representative or class proceeding. 

19.9 If Company makes any future change to this arbitration provision, other than a change to Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days  of the change to Company’s address for Notice of Arbitration, in which case your account with Company will be  immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected,  will survive. 

19.10 Except as otherwise set forth herein if any portion of this Section 19 is deemed invalid or unenforceable,  it will not invalidate the remaining portions of this Section 19; provided, however, if Section 19.8 herein or the  entirety of this Section 19 is found to be unenforceable, or if Company receives an Opt-Out Notice from you, then  the entirety of this Section 19 as between you and Company will be null and void and, in that case, the exclusive  jurisdiction and venue described in Section 20.3 herein (“Governing Law”) will govern any action arising out of  or related to these Terms.

20. MISCELLANEOUS 
‍20.1 General Terms. These Terms, together with the Policies and any other agreements expressly incorporated  by reference into these Terms, are the entire and exclusive understanding and agreement between you and  Company regarding your use of the Site, and supersedes any and all prior agreements, discussions, information,  understandings, representations, warranties, and covenants regarding the same, whether oral or written. You may  not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or  otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.  The failure to require performance of any provision will not affect our right to require performance at any other  time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms,  be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these  Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout  these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is  held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and  the remaining parts will remain in full force and effect. Nothing in these Terms of Use shall create or be deemed  to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and  Company. 

20.2 Third Party Beneficiaries. You and Company acknowledge and agree that all Company Entities  (excluding Company) are third party beneficiaries of this Agreement. In addition to Company’s rights therein,  the provisions contained in Section 3 herein (“Permissible Uses and Licenses; Prohibited Conduct; Pricing; and  Payment”) are made expressly for the benefit of the Company Entities and are enforceable by the Company Entities. 

20.3 Governing Law. These Terms are governed by the laws of the State of North Carolina without regard to  conflict of law principles, except that the arbitration provisions herein shall be governed by the Federal Arbitration  Act. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts  located within Mecklenburg County, NC for resolution of any lawsuit or court proceeding permitted under these  Terms. 

20.4 Privacy Policy. Please read the Company’s Privacy Policy carefully for information relating to our  collection, use, storage, disclosure of your personal information. The Company’s Privacy Policy is incorporated  by this reference into, and made a part of, these Terms. 

20.5 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines  applicable to the Site or certain features of the Site that we may post on or link to from any portion of the Site (together with all Agreements, the “Additional Terms”). All Additional Terms are incorporated by this reference  into, and made a part of, these Terms. 

20.6 Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic  communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more  about our electronic communications practices. You agree that any notices, agreements, disclosures, or other  communications that we send to you electronically will satisfy any legal communication requirements, including  that those communications be in writing. 

20.7 Contact Information. The Site is offered by 2311 Racing, LLC, 12311 Airspeed Drive, Huntersville, NC 28078. You may contact us by sending correspondence to that address or by emailing us at info@23xiracing.com. 

20.8 Notice to California Residents. If you are a California resident, under California Civil Code Section  1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California  Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further  information regarding use of the Site. 

20.9 No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies. 

20.10 International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from  countries or territories or by individuals where such access is illegal is prohibited. 

20.11 Force Majeure. The failure of Company to comply with any provision due of these Terms due to a force  majeure event including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, epidemic,  pandemic, labor strike, or actions of governmental authorities outside of the control of the Company will not be  considered a breach of these Terms. 

20.12 Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Site that contains  typographical errors, inaccuracies, or missions, including without limitation ones that may relate to product  descriptions, pricing, Contests, Content, offers, and availability. Company expressly reserves the right to correct  any such errors, inaccuracies, or omissions and to change or update information or cancel orders if any information  on the Site is inaccurate at any time without prior notice (including after you have submitted an order). 

21. CONTESTS  
‍21.1 From time to time, we may offer you the opportunity to participate in contests, sweepstakes, or other  promotions (the “Contests”). By entering into a Contest, You agree to the following: 

(A) You may not transfer, assign, sell, trade, or barter any benefit that you receive through our  Contests; 

(B) Unless required by law, any Contest-related benefit may not be combined with a benefit received  in connection with any other Contest; 

(C) You agree to be bound by the specific terms and conditions relating to such Contest, including all  eligibility and waiver/release requirements; 

(D) You indemnify, release, and to hold harmless the Company Entities from any and all liability,  claims, or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to  persons and property which may be sustained in connection with participation in the Contest, the receipt,  ownership, use, or misuse of any prize or while preparing for, participating in and/or travelling to or from  any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of  privacy; 

(E) The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award  benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise  utilizes any information the Company deems to be improper, unfair, or otherwise adverse to the operation  of the Contest or is in any way detrimental to other entrants or to the Company; 

(F) Company is not responsible for: any incorrect, invalid, or inaccurate entry information; human  errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or  telephone outages; omissions, interruptions, deletions, or defects of any telephone system or network,  computer online systems, data, computer equipment, servers, providers, or software (including, but not  limited to software and operating systems that do not permit an entrant to participate in a Contest),  including without limitation any injury or damage to any entrant’s or any other person’s computer or  video equipment relating to or resulting from participation in a Contest; inability to access the Site, or any web pages or other digital medium that are part of or related to the Site; theft, tampering, destruction, or  unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or  incorrectly or is incomplete or lost due to telephone, postal issues, computer, or electronic malfunction or  traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s  facilities, or any phone site or website or for any other reason whatsoever; typographical, printing, or other  errors, or any combination thereof; 

(G) Company is not responsible for incomplete, illegible, misdirected, or stolen entries. If for any  reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or  website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper  entry to a Contest in accordance with these Terms or applicable Contest Rules, or if infection by a  computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud,  technical failures, or any other causes of any kind, in the sole opinion of Company corrupts or affects the  administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the  right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel,  terminate, extend, modify, or suspend the Contest, and select the winner(s) from all eligible entries  received. If such cancellation, termination, modification, or suspension occurs, notification will be posted  on the Site. Company reserves the right to move entrants from the Contests they have entered to  substantially similar Contests in certain situations determined by Company in its sole discretion; and 

(H) EXCEPT AS OTHERWISE EXPRESSLY STATED BY COMPANY, ANY CONTEST BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR  GUARANTEE FROM COMPANY, INCLUDING IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. 

21.2 We reserve the right to modify, terminate, or suspend the availability of Contests and to correct errors or  inconsistencies in Contest-related materials. We may disqualify any individual who tampers with any Contest or  Contest-related process. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL  TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF  ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN  ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER  REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. You  further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Company from pursuing  criminal or civil proceedings in connection with such conduct.