Privacy Policy | Music City Grand Prix

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Privacy Policy

Effective date: November 25, 2020

615GP, LLC (d/b/a Music City Grand Prix) (“Music City Grand Prix,” “our,” or “we”) operates the website that links to this Privacy Policy (collectively, the “Site”). Music City Grand Prix values and respects the privacy of its customers and visitors. The purpose of this Privacy Policy is to provide you with information about Music City Grand Prix’s policies regarding the collection, processing, use, storage, and disclosure of information when you use our Site. This Privacy Policy also describes the choices you can make about our use of your information.

We may update or modify this Privacy Policy at any time, by posting the amended version including the effective date of the updated version. We will announce any material changes to this Privacy Policy through an alert on our website and/or via email. We may also provide other privacy notices on specific occasions when we are using your Personal Information in ways that differ from what we have described here, so that you are aware of how and why we are using such information and what your rights are with respect to such use.

By using the Site and accepting these terms, you agree to the terms of this Privacy Policy and the collection and use of information in accordance with this Policy. If you do not agree to be bound by this Privacy Policy or any subsequent modifications, you should not access or use our Site or disclose any personal information through our Site. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use.

Depending upon where you live, additional terms and protections may apply. Click here for additional terms and protections provided pursuant to rights provided in certain other jurisdictions.

This Privacy Policy contains the following information, which you can access by scrolling down:

  1. The Personal Information we collect about you & how we may use it
  2. Who we may share your Personal Information with
  3. How we safeguard your Personal Information
  4. How long we store your Personal Information
  5. Your rights and options regarding your Personal Information
  6. Transfer of data; special notice to non-U.S. users
  7. Sensitive information
  8. Our policy on children’s information
  9. Links to other websites and services
  10. Governing law and venue
  11. How to contact us

1. THE PERSONAL INFORMATION WE COLLECT ABOUT YOU & HOW WE USE IT

While using our Site, we may ask you to provide us with certain personally identifiable information (“Personal Information”). Personal Information is information that identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to a particular individual or household.

We collect information from you both when you provide it voluntarily and also automatically when you use our Site. In some instances, we automatically collect certain types of information when you use our Site. Automated technologies may include the use of web server logs to collect IP addresses, cookie data and web beacons. We may also collect Personal Information from other sources, such as our data analytics service providers and technology infrastructure providers, which enable us to operate the Site. We collect Personal Information from you and any devices (including mobile devices) you use when you: use our Site or otherwise correspond with us. In addition, we also collect Personal Information about you from third parties in connection with our Site, including from our service providers.

We may collect the following categories of Personal Information from you, depending on your interactions with our Site and the choices you make:

Contact Information-This can be Personal Information and non-Personal Information that is collected about you when you are using our Site, and this may include:

How it will be used:

  • To provide, maintain, and improve our Site and services.
  • To respond to your questions and requests.
  • To notify you about changes to our Site.
  • To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.

Usage Information-This can be Personal Information and non-Personal Information that is collected about you when you are using our Site, and this may include:

  • Information about your interactions with our Site, which includes page and content served, the date and time of any information you enter into our Site and your interactions with other users of our Site and what content or features you interacted with.
  • Technical data which may include URL information, cookie data, web beacons, pixels and other tracking technology information, your IP address, the types of devices you are using to access or connect to our Site, unique device IDs, device attributes, network connection type (e.g., WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system. Further details about the technical data that is processed by us can be found below.

Our Site uses cookies, unique identifiers and similar technologies to collect information over time and across different websites when you use or visit our Site. We or our third-party partners use common tracking tools to collect information about the pages you view, our Site functions that you access, the buttons and icons you click, to make it easier and more efficient for you to use our Site, and to provide advertising content that we think may be of interest to you.

Cookies. Cookies are small data files that are downloaded onto your computer or mobile device when you use our Site, which are unique to your device or account. Cookies make it easier for you to use our Site by saving your preferences so that we can use these to improve your next and subsequent visits to our Site. Cookies help us learn which areas of our Site are useful and which areas need improvement.

Cookies may be either persistent or temporary (or session) cookies. A persistent cookie retains user preferences for a particular website, app or service, allowing those preferences to be used in future use sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

You can choose whether to accept cookies by changing the settings on your browser or device. For more information regarding your choices with respect to cookies and other tracking technologies, please see “Your Rights and Choices Regarding Your Information” below. However, if you choose to disable this function, your experience with our Site may be impaired and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third parties to do so to help us.

Pixels, Web Beacons. We or third party partners may use invisible pixels or beacons on our Site to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current Site offerings, develop new products or services, and target information to you that may be helpful and useful to you based upon your use of our Site.

How it will be used:

  • To administer our Site and system.
  • To provide, maintain, personalize, and improve our Site and related services.
  • To provide customer support.
  • To monitor the usage of our Site.
  • To allow you to participate in interactive features of our Site.
  • To gather analysis and assess trends and interests.
  • To detect, prevent, and address technical issues and provide customer support.
  • To provide you with advertising content in which we think you will be interested. As part of this customization, we may observe your behaviors on the Site or on other websites.
  • To help monitor and maintain the security of our Site.

We also use anonymized and aggregated information that may be created or derived from your Personal Information or usage of our Site for purposes that include data analysis, improving our Site and services, advertising, and developing new features and functionality within our Site.

2. WHO WE MAY SHARE YOUR PERSONAL INFORMATION WITH

We share non-Personal Information with third parties at our discretion. In connection with our Site, we may share your Personal Information with certain third parties who we engage to help us run our business and perform the services, including under the following circumstances:

  • Software and service providers we use to manage and process your information, including Google Analytics. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners.
  • Affiliates and subsidiaries
  • Business partners, including promotional partners who are helping us run a joint promotion or who provide a product or service in partnership or collaboration with us
  • Other third parties that you expressly request or permit us to share your Personal Information with

Additionally, we will share your Personal Information with third parties where required by law, where it is necessary in connection with our Site or products, or where we have another legitimate interest in doing so. If we are subject to a merger or acquisition with/by another company, we may share information with them in connection with the transaction. Most of the third parties with whom we share your Personal Information are located and store your information in the United States, although some may be located or store your information outside of the United States.

Company may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective business partners and advertisers.

3. HOW WE SAFEGUARD YOUR INFORMATION

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk.

4. HOW LONG WE STORE YOUR INFORMATION

We will retain your Personal Information only for as long as is necessary for the legitimate business purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups.

We also will retain Usage Information for internal analysis purposes. Usage Information is generally retained for a shorter period of time, except when Usage Information is used to strengthen the security or to improve the functionality of our Site or products, or we are legally obligated to retain Usage Information for longer periods.

5. YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION

Marketing Preferences. You have choices about how we use your Personal Information to communicate with you and send you information. You can opt out from receiving future promotional communications from us at any time by contacting us as set forth below

Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.

Personalized Advertising. If you do not wish to participate in our advertising personalization programs, you can opt-out by following the directions provided within the applicable advertisement, or through disabling ad cookies through your browser settings. You may also opt out of receiving interest-based ads from Amazon, Facebook and Google. You will continue to see ads on each platform, but they will not be personalized as a result of your actions on our website. Please visit the links below if you wish to opt out or update your preferences:

As noted above in “The Personal Information we collect about you & how we may use it,” on your browser or device. However, if you choose to disable cookies, your experience with our Site may be impaired and some features may not work as they were intended.

Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy.

6. TRANSFER OF DATA; SPECIAL NOTICE TO NON-U.S. USERS

This Site is intended for U.S. visitors only, even though we don’t restrict who may view it. Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

If you are located in a country outside the U.S. and submit Personal Information to us, you consent to the general use and disclosure of such information as provided in this Privacy Policy and to the transfer and/or storage of that information to the U.S. and other countries outside your home country.

7. SENSITIVE PERSONAL INFORMATION

We ask that you not send us, and you not disclose, any sensitive personal information as this term is defined under applicable data protection and privacy laws (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site or otherwise to us. There is no need to submit or provide sensitive information at any time to use the Site.

If you send or disclose any sensitive personal information to us, you consent to our processing and use of such sensitive personal data in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such content to our Site.

8. POLICY ON CHILDREN’S INFORMATION

Our Site are not created for anyone under the age of 13 (“Children” or “Child”). By using the Site, you represent that you are at least 13 years old. If you do not meet this age requirement, then you must not access or use our Site.

We do not knowingly collect personally identifiable information from anyone under the age of 13 (“Child”) without the consent of the child’s parent or guardian, and we do not target the Site to children under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us though one of the methods listed under [“How to Contact Us”], above. If we become aware that we have collected Personal Information from Children without verification of parental consent, we take reasonable steps to remove that information from our servers.

In the event you designate a Child as a permitted user of your account, you represent and warrant that you are such Child’s parent or guardian, and you consent to Music City Grand Prix collecting and processing the Child’s personal information, contacting them for the purpose of providing them with access to your account and allowing the Child to register for their own account to access the Site.

For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

9. LINKS TO OTHER SITES

Our Site contain links to third-party websites. If you click on one of those links, you will be taken to websites we do not control. This Privacy Policy does not apply to the information practices of those third-party websites. You should read the privacy policies of third-party websites carefully. We are not responsible for the content, privacy policies, actions or security of third-party websites.

10. GOVERNING LAW AND JURISDICTION

This Privacy Policy shall be construed and governed under the laws of the United States and State of Tennessee (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Site, shall be in federal or state court of competent jurisdiction located in Nashville, Tennessee, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party consents to personal jurisdiction in the courts identified above.

11. HOW TO CONTACT US

You can update your preferences and information by updating your contact information through our Site or contacting us at the e-mail address or phone number below. Additionally, if you have any questions or concerns about our use of your Personal Information (defined below), please do not hesitate to contact us through any of the methods below.

Email: web@musiccitygp.com

 

MUSIC CITY GRAND PRIX TERMS OF USE

Last updated and effective as of November 25, 2020.

615GP, LLC (d/b/a Music City Grand Prix) (“Music City Grand Prix,” “we,” “us,” or “our”) owns and operates the website www.musiccitygp.com (this “Site”). Please read these Terms of Use (“Terms”) carefully before using this Site. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THIS SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THESE TERMS, INCLUDING CONDUCTING THIS TRANSACTION ELECTRONICALLY, CERTAIN THIRD-PARTY TERMS AND CONDITIONS, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, VENUE SELECTION, AND A CHOICE OF TENNESSEE LAW. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT TO AGREE TO THESE TERMS. IF YOU ARE UNDER EIGHTEEN (18), YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS ON YOUR BEHALF

Any password-protected areas of this Site may be subject to additional terms or agreements with us.

1. Site Content

(a) All contents of this Site are: ©All rights reserved. 615GP, LLC (d/b/a Music City Grand Prix) and the Music City Grand Prix logo are trademarks of 615GP, LLC (d/b/a Music City Grand Prix). This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of this Site transfers any right, title or interest in the Site, the Content, or Intellectual Property Rights to you, and Music City Grand Prix and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.

(b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Music City Grand Prix. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.

(c) This Site is controlled, operated, and administered by Music City Grand Prix from its offices or servers within the United States of America (“U.S.”). Music City Grand Prix makes no representations that materials or Content on this Site are appropriate or available for use at locations outside of the U.S. or Canada. A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. You may not use this Site or export the Content in violation of U.S. export laws or regulations. If you access this Site from a location outside of the U.S. or Canada, you are responsible for compliance with all local laws and regulations.

(d) Certain materials on this Site may be furnished by third parties, including advertisements. Certain product, service, or company designations for companies other than Music City Grand Prix may be mentioned in the Site for identification purposes only, such as Music City Grand Prix’s representative clients. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved by Music City Grand Prix.

2. User Conduct

By using this Site, including any Content and services available through it, you agree that you shall not:

(a) delete, modify, hack or attempt to change or alter any of the Content on this Site;

(b) attempt to access accounts, computer systems, or networks connected to any of our servers or to this Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through this Site;

(c) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of this Site or servers or networks connected to this Site, or take any other action that interferes with other parties’ use of this Site;

(d) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on this Site for purposes other than for a generally available search engine;

(e) use any Music City Grand Prix names, service marks, or trademarks, or logos without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(f) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

(g) transmit or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;

(h) create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, or violate the privacy rights of others;

(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party; or

(j) provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.

3. Permissible Use

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

(a) you may only use the Content for personal, informational, or non-commercial purposes, or to request further information about Music City Grand Prix;

(b) you may not provide, sell, license or lease the Content or access to the Content for any fee or other consideration;

(c) you must ensure all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;

(d) you may not modify or alter the Content in any way; and

(e) you may not use any graphics separately from accompanying text.

4. Feedback

Music City Grand Prix may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products, services and the Site (“Feedback”). You agree that Music City Grand Prix may, in its sole discretion, use the Feedback you provide to Music City Grand Prix in any way, including in future modifications of this Site or in other Music City Grand Prix products or services. You hereby grant Music City Grand Prix a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, modify, create derivative works from, distribute, display, and otherwise exploit the Feedback for any purpose.

5. Updates to These Terms

Music City Grand Prix may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on this Site, which shall apply to your use of this Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.

6. Modification or Termination of Site

Music City Grand Prix reserves the right to modify or terminate your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update this Site. Sections 1, 2, and 4, this Section 6, and Sections 8-19 of these Terms shall survive any termination. Music City Grand Prix may also impose limits on certain features and services, restrict your access to part or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Music City Grand Prix will not be liable to you or any third party in the event that Music City Grand Prix exercises its right to modify or terminate access to this Site or portions of this Site.

7. Privacy

Music City Grand Prix will treat any information it collects from you through this Site in accordance with its online Privacy Policy (the “Privacy Policy”), which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

8. Accounts and Passwords

In order to access certain features on this Site and to post content on this Site, you may be required to create an account. By setting up an account, you agree to provide Music City Grand Prix with accurate and complete information. You are responsible for protecting and maintaining the secrecy of your username and password. Music City Grand Prix will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify Music City Grand Prix of an unauthorized use of your username or password.

9. Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Music City Grand Prix has designated an agent to receive notifications of alleged copyright infringement associated with this Site. Music City Grand Prix will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us through the address set forth at the end of this page. When notifying Music City Grand Prix of the alleged copyright infringement, please include all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

(b) identification of the copyrighted work alleged to have been infringed;

a description of the material that is claimed to be infringing and information sufficient to locate the material on this Site;

(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If material is believed in good faith by Music City Grand Prix to infringe a copyright or otherwise violate any intellectual property rights, Music City Grand Prix will remove or disable access to any such material.

10. Other Sites, Content, Products and Services

As a convenience to you, this Site may provide links to websites and access to content, products and services of third parties, including without limitation, Music City Grand Prix’s affiliates, advertisers and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). All Linked Sites are provided only because they may be of interest to users of this Site or offer a service for your convenience. Information and views contained in Linked Sites are not adopted or endorsed by us.

You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Music City Grand Prix does not author, edit or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Music City Grand Prix, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through this Site.

Music City Grand Prix does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any other Internet sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.

11. Typographical Errors

Our goal is to provide complete, accurate, up-to-date information on this Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Music City Grand Prix therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

12. Exclusion of Other Warranties

No employee, agent, representative or affiliate of Music City Grand Prix has authority to bind Music City Grand Prix to any oral representations or warranty concerning this Site. Any written representation or warranty not expressly contained in these Terms will not be enforceable.

13. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MUSIC CITY GRAND PRIX AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE. MUSIC CITY GRAND PRIX MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR ANY SUBMISSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE; (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

14. Limitation of Liability

IN NO EVENT SHALL MUSIC CITY GRAND PRIX OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR CONTENT PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF MUSIC CITY GRAND PRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

15. Indemnity

You agree to indemnify and hold harmless Music City Grand Prix, its affiliates, shareholders, directors, officers, employees and agents, and, at Music City Grand Prix’s sole election, defend the foregoing, from and against any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of any third party.

16. Limitation on Actions Brought Against Us

You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Music City Grand Prix to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

17. Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Music City Grand Prix may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Duval County, Florida, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts in Davidson County, Tennessee, or to any Federal Court located within Davidson County, Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, to temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Davidson County, Tennessee

18. Acknowledgement

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

19. General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Music City Grand Prix’s failure to act with respect to a breach by any visitor using this Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Policy as posted from time to time by Music City Grand Prix on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

20. Contact Information

If you have any questions about these Terms, the practices of Music City Grand Prix, or your dealings with this Site, or would like to update your personal information, please contact us at web@musiccitygp.com or through the address below: Attn:
website manager 615GP, LLC901 Broadway #22041 Nashville, TN 37202