ACCEPTANCE OF TERMS:

Welcome to the Web site and Services of RaceDrive Interactive Inc. Please read these Terms of Service ("Terms") carefully. The RaceDrive™ Motorsport Directory (RaceDrive.com) provides a collection of online resources, (referred to hereafter as "the Service") which is subject to the following Terms of Use ("Terms"). This Agreement is a legal agreement between any person or entity ("User") and RaceDrive Interactive Inc. for the RaceDrive.com Services (the "Site" or "Service").

Last Updated November 19, 2009

Any person or entity ("User") accessing and or use of the RaceDrive.com web site and other RaceDrive Interactive Inc. web Services (the "Site" or "Service") or any of the information contained herein agrees to and is bound by and subject to the following terms and conditions of this RaceDrive.com web site Terms of Service ("Agreement"):

Services include computer software, data storage systems, databases, designs, printed materials, and electronic and on-line documentation. By accessing and using these web Services of RaceDrive.com and RaceDrive Interactive Inc., User agrees to be bound by these Terms of Service. Users are granted a limited, revocable, nonexclusive license to access the Service and by accessing the Service User will signify User acceptance of these Terms and constitute a binding agreement between User and RaceDrive Interactive Inc. ("Agreement")

User must accept without any modification all of the terms, conditions, and notices contained in this Terms of Service in order to access and use the Service. Any use by User of the Site constitutes User acceptance of these Terms; if User does not agree with all these Terms, in its entirety, do not use the RaceDrive.com website and discontinue use of the Service immediately and User is not authorized to use or access the Service.

Use of Service is expressly conditioned upon User's assent to all these Terms.

Description of Service:

RaceDrive.com is operated by RaceDrive Interactive Inc. ("RaceDrive Interactive Inc." or "We"). The "RaceDrive.com Service" (or "Service") includes the RaceDrive.com site that provides access to Motorsport Related Content.

Modifications and Limitations to Service:

User acknowledges that we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, and We shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Service.

User acknowledge that We may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which User may access the Service.

User agrees that We have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.

Modifications to this Agreement:

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Users must review this agreement on a regular basis to keep apprised of any changes. Users can find the most recent version of these Terms at: www.racedrive.com/dir/tos.htm

Member Registration and Account:

We require Users who wish to join the RaceDrive.com community and gain access to the Member's Only features of the Service to register. To register, We must be provided with a verifiable e-mail address and password which provides a verifiable point of contact. When User register, User will have the ability to keep User e-mail address hidden from other Users by selecting that option within User User profile.

Users also have the option of providing some additional information such as interests, location, geographic location, occupation, etc. This optional information is made available to other RaceDrive.com Users. If a User has any concerns about providing this information, simply leave the fields blank and User registration will still be processed. User will receive a password and account designation upon completing the registration process.

Users are responsible for maintaining the confidentiality of the account and password, and are fully responsible for all activities that occur under the User's account and password.

User agrees to immediately notify RaceDrive Interactive Inc. of any unauthorized use of User's account and password or any other breach of security. User agrees to ensure that the User will exit from the User account at the end of each session. We cannot and will not be liable for any loss or damage arising from User failure to comply with these requirements.

User Account:

Certain portions of the Service are available only to individuals who have registered with and obtained a password from RaceDrive.com. By registering with RaceDrive.com, Users certify that the User is at least 18 years of age. User may not provide or use a password, e-mail address, or any other information of anyone else without the owner's authorization.

User agrees to provide true, accurate, current and complete information about the User when User registers with RaceDrive.com, and to maintain and promptly update that information to keep it true, accurate, current and complete.

User is responsible for maintaining the confidentiality of User account and password and for restricting access to User computer, and User agrees to accept responsibility for all activities that occur under User account, including the selection and use of all content and Services.

User Conduct:

User warrants that User will not use the Service for any unlawful purpose. User warrants that User will not "stalk" or otherwise harass anyone. User may not intentionally or unintentionally violate any applicable local, state, national or international law and in accordance with these Terms, any operating rules established by this Terms of Service.

We reserve the right to refuse Service, terminate accounts, or cancel orders in its sole discretion, including, without limitation, based on any activity by a User in violation of these Terms.

User is solely responsible for User own conduct in using this Service, and will indemnify and hold harmless RaceDrive Interactive Inc. from any claims, liability, damages or costs that result from User conduct in using this Service. User specifically agrees that neither We are responsible or liable to User or anyone else for any threatening, defamatory, obscene, offensive, tortious, or illegal conduct of Users or of any other party or any infringement of another's rights, including but not limited to intellectual property rights, arising on, from, or in connection with the Service.

All posts are the work and responsibility of the authors:

All authors represent that their posts do not contain copyright infringements and that it is their own work and that the author is the holder of the copyright. User is entirely responsible for all Content including, but not limited to postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, that the User posts, e-mails uploads, transmits or otherwise makes available via the Service. Any statements, advice, opinions, Services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or publisher(s) and not of RaceDrive Interactive Inc.

User understands that all, but not limited to, data, information, text, music, software, sound, video, photographs, graphics, messages or other materials ("Content"), whether privately transmitted or publicly posted, are the sole responsibility of the person from which such Content originated. We will not be held responsible for the content of any message or posting. All messages express the views of their author.

We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.

User warrant that User will not post, upload, e-mail, transmit, messages or comments or otherwise make available any Content that is: obscene, vulgar, sexually-oriented, threatening, hateful, knowingly false, deceitful, misinforms, uses "bait and switch" tactics, unlawful, harmful, abusive, harassing, pornographic or depicts an act of sexual conduct, bigotry, using profanity of any kind, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable, or directed toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or would harm minors in any way or otherwise violate of any laws.

User warrants that User will not use any form of automated device or computer program that enables the submission of postings on the Service without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

User agrees not to use a registered Username, avatar, "smilie" or other content or images that We find objectionable. We have the right to remove, edit, move or close any postings or messages for any reason whatsoever. We also has the right to ban any User as We see fit.

User understands that We do not control, and are not responsible for Content made available through the Service, and that by using the Service, User may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Under no circumstances will We be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content transmitted, posted, e-mailed, or otherwise made available via the Service.

Violations of our Terms of Service may include, but are not limited to:

Spamming, or posting the same or essentially the same messages, postings, comments or similar Content multiple times in one or more areas of the Service, or otherwise impose an disproportionately large or unreasonable load on our infrastructure.

Messages, postings, comments that organize any adverse sentiment or action against RaceDrive Interactive Inc. or any other entity associated with RaceDrive Interactive Inc. or its members.

Allowing the use of the User's RaceDrive.com Username and or messages, postings, comments privileges by anyone other than the User.

Messages, postings, comments that disclose other identifying or personal information of a RaceDrive.com Member that said Member has not made public via their RaceDrive.com Registration/public profile or RaceDrive.com messages, postings, comments.

Using the Service or User account for any purpose that is unlawful or contrary to this Terms of Service.

Using the Service in any manner or activity, or attempting to that could damage, disable, overburden, diminishes the quality of, disrupts, interfere with or attempt to gain unauthorized access or impairs the functionality or performance of the network, the Service's computer systems, servers or networks connected to the Service, such as but not limited to disrupting the normal flow of dialog with an excessive number of messages (flooding attack) to the Service, or otherwise negatively interfere with any other other Users' ability to use and enjoy the Service.

Attempting to damage, deny Service to, hack, crack, reverse-engineer, decompile, disassemble, disobey any requirements, procedures, regulations, policies or otherwise interfere (collectively, "Interfere") with the Service, or networks connected to the Service in any manner. If User in any way interferes with Service, User agrees to pay all damages incurred by RaceDrive Interactive Inc., including any consequential damages, and agrees that the measure of hard to determine damages will be of the highest estimate of damages as provided by RaceDrive Interactive Inc.

Use that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Use that employs misleading e-mail addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service

Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by RaceDrive Interactive Inc.

User's Interference with Service relieves RaceDrive Interactive Inc. of any of its contractual or other legal obligations to User, including RaceDrive Interactive Inc.'s obligations under its Privacy Policy.

We will cooperate with the authorities in prosecuting any User who Interferes with the Service, attempts to defraud RaceDrive Interactive Inc., or attempts to defraud credit card companies or any and all other parties through User's use of the Service.

User may not attempt to gain unauthorized access to any RaceDrive.com account, computer system(s) or network(s) associated with RaceDrive Interactive Inc.

User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through RaceDrive Interactive Inc.

No Spam policy:

User understands and agrees that sending unsolicited e-mail advertisements to RaceDrive Interactive Inc. e-mail addresses or through RaceDrive Interactive Inc. computer systems, is expressly prohibited by these Terms.

Violations of our Terms of Service may include, but are not limited to:

Any unauthorized use of RaceDrive Interactive Inc. computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.)

Such violations may subject the sender and his or her agents to criminal and civil penalties.

Violation of any of the items in this terms of service relieves RaceDrive Interactive Inc. of any of its contractual or other legal obligations to User, including RaceDrive Interactive Inc. obligations under its Privacy Policy.

We reserves the right to refuse any or all Service to any User for any reason, at any time, at the sole discretion of RaceDrive Interactive Inc.

User agrees that We may block its IP address or addresses at any time, and at RaceDrive Interactive Inc.'s sole discretion, thereby disallowing User's continued use of the Service.

Violations of our Terms of Service may include, but are not limited to:

Use that constitutes or contains any form of advertising, solicitation, promotional materials if it is posted in areas of the Service which are not designated for such purposes - or e-mailed to RaceDrive.com Users who have not indicated in writing that they wish to receive such information.

Attempt(s) to impersonate any person or entity, but not limited to, a RaceDrive Interactive Inc. employee, Team leader, or our agent working in an authorized capacity regardless of the name or account used or the method of impersonation, or falsely states or otherwise misrepresents User affiliation with a person or entity.

Any attempt to solicit a RaceDrive.com member's password will be treated as an impersonation of a RaceDrive Interactive Inc. Employee or agent working in an authorized capacity regardless of the name or account used or the method of impersonation.

Violations of our Terms of Service may include, but are not limited to:

Intellectual Property Infringements: Uploading, posting, e-mailing, transmitting or otherwise make available any Content that User does not have a right to make available under any law or under fiduciary or contractual relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or Content that infringes any patent, trade secret, trademark, or copyright.

This license does not include any collection, aggregation, duplication, copying, display or derivative use of the Service nor any use of data mining, spiders, robots, or similar data gathering and extraction tools for any purpose unless expressly permitted by RaceDrive Interactive Inc.

A limited exception is provided specifically to non-commercial public archives and general purpose internet search engines that use these tools to gather information for the single purpose of displaying hyperlinks to the Service. This is provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

"General purpose internet search engine" does not include a search engine or website or other Service that specializes in the listings of classified advertisements or in any subset of listings of classified advertisements, or which is in the business of providing listings of classified advertisement Services.

A hyperlink may be created directing to the home page of RaceDrive.com so long as the link does not portray RaceDrive Interactive Inc., its employees, or its affiliates in a misleading, false, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to User by RaceDrive Interactive Inc. will immediately terminate said permission or license.

User must first obtain a license from RaceDrive Interactive Inc. in order to duplicate, copy, aggregate, collect, display or make derivative use whatsoever of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein.

Except as expressly provided in these Terms of Use, User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or Services that are part of the Service.

User may not create computer programs or scripts that attempt to access the Service, without the expressed written permission from RaceDrive Interactive Inc.

We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.

User's linking to any other websites is at User's own risk.

User agrees that User must evaluate, and bear all risks associated with, the use of any Content, that User may not rely on said Content, and that under no circumstances will We be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise made available via the Service.

Monitoring:

User acknowledges that We do not prescreen, confirm the validity of or approve all Content.

RaceDrive Interactive Inc. has the right, but not the obligation, to monitor the Service to determine compliance with these Terms and any operating rules established by RaceDrive Interactive Inc. and to satisfy any law, regulation or authorized government request.

Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable

We do not actively monitor all the contents of posted messages and are not responsible for any messages, postings, comments.

If User feels that Messages, Postings, Comments are not in compliance and appears to violate these Terms of Service - please alert RaceDrive Interactive Inc. immediately to the problem.

We shall have the right, but not the obligation in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

By creating Messages, Postings, Comments on the Service, User agrees that We can quote from, or reuse the content in promotional materials, newsletters, or other documents or content of RaceDrive Interactive Inc.'s choosing.

User agrees that We can display, modify, transmit, distribute or delete User Messages, Postings, Comments without needing further permission from User.

International Users:

The Service is controlled, operated and administered by RaceDrive Interactive Inc. from its offices within the United States of America.

If User accesses the Service from a location outside the United States, User is responsible for compliance with all local, State National and International rules and laws - including all rules and laws pertaining to online conduct and acceptable content.

User agrees that User will not use the Service or other content accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.

RaceDrive Interactive Inc. makes no representation that the RaceDrive Interactive Inc. Sites or the Contents are appropriate or available for use in locations outside the United States.

If User accesses any RaceDrive Interactive Inc. Site or Contents from a location other than the United States, User is solely responsible for compliance with all applicable local laws.

It is the User's responsibility to comply with all applicable laws including without limitation any import and export regulations of the United States and/or the country in which User resides regarding the transmission of technical data exported from the Service.

Intellectual Property:

RaceDrive Interactive Inc.'s website(s) and the Service is the property of RaceDrive Interactive Inc., P.O. Box 60536, Colorado Springs, Colorado
80960-0536 (USA)

All logos and trademarks are the property of their respective owner.

All content included as part of the Service, including but not limited to text, graphics, logos, button icons, images, images, photographs, animations, video, audio, music, as well as the compilation thereof, and all software used on this site, is the property of RaceDrive Interactive Inc. or its suppliers and protected by United States and International copyright laws.

User agrees to abide by all copyright notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Except as explicitly permitted under copyright law and by the features of the Service User may not reverse engineer, modify, publish, display, transmit, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide to a third party the content of the Service or any portion without the express written permission of RaceDrive Interactive Inc.

User may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.

We do not grant User any licenses, express or implied, to the intellectual property of the Service.

If User is aware that any posting or message or comment that User has submitted to RaceDrive.com has been reprinted, please contact the RaceDrive.com site administrators immediately.

The Service is protected to the maximum extent permitted by copyright laws and international treaties.

Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

User may not reuse, republish, or otherwise distribute the content of the Service in any modified or altered versions.

Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the site(s) or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of RaceDrive Interactive Inc. or the applicable copyright holder.

Without limiting the foregoing, User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although We do not claim ownership of content that its Users post, by posting Content to any public area of the Service, User automatically grants, and User represents and warrants that User has the right to grant, to RaceDrive Interactive Inc. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses - through multiple tiers - of the foregoing.

Furthermore, by posting Content to any public area of the Service, User automatically grants RaceDrive Interactive Inc. all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

If User feels something has been copied in a way that constitutes copyright infringement, or infringes on rights under the Digital Millennium Copyright Act or any other applicable statute, or intellectual property rights have somehow been violated – please contact

Legal at RaceDriveInteractiveInc dot com
(replacing the "at" with @ and "dot" with a period)

RaceDrive Interactive Inc.
P.O. Box 60536
Colorado Springs, CO
80960-0536

Please help us by:

Including all contact information: Address - Telephone Number, e-mail address

Please include User signature.

Please identify – in specific - the material on the RaceDrive.com site that User claims is infringing.

Include a User statement that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Include a User statement that User declares under penalty of perjury that the information in User Notice is accurate, and that the User is the owner of the copyright interest involved or that the User is authorized to act on behalf of that owner.

Third Party Content:

We make no claims or representations about any Web Site not under RaceDrive Interactive Inc.'s control that a User may access from the Service - by link, - by frame, or any other means ("Linked Site"). By providing links to other sites, RaceDrive Interactive Inc. does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to
RaceDrive Interactive Inc.

These Internet sites and third-party resources are created and controlled by sources other than RaceDrive Interactive Inc.

Any link, frame, or any other means to access any Linked Site provided by RaceDrive Interactive Inc. or otherwise on the Service does not constitute an endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

We do not assume any responsibility or liability for communications or materials and make no warranty or guarantee regarding such materials, content or information, completeness or usefulness of any content, nor will we be liable for any loss or damage caused by User reliance on information obtained and available at such Linked Sites or through the Service.

We do not own or control any content on Participating Sites, except for sites that are specifically owned by RaceDrive Interactive Inc., such as RaceDrive.com.

Direct all inquiries related to content for Participating Sites to the owners of the Participating Sites. Participating sites have their own Terms of Service/Use, are autonomous, and control the usage of its site, content, management, Terms of Service, and usage guidelines.

Please refer to the applicable Terms of Service associated with each Participating Site that User visits. These links are provided for User convenience only.

When User logs in to RaceDrive.com to access to any Participating Site, keep in mind that the Terms of Service only applies to User login activity.

Users are solely responsible for understanding any terms and conditions that may apply when User visits or places an order with a third-party site.

The Service may contain features and functionalities that may link User or provide User with access to third party content which is completely independent of RaceDrive.com, including directories, servers, networks, web sites, information and databases, systems, applications, software, programs, products or Services, and the Internet as a whole.

User agrees that We shall not be held responsible or liable, and makes no warranty regarding any services or goods advertised through the Service or the delivery of any services or goods purchased or obtained through or content available on or through such other sources, or for any harm related thereto, or for any loss or damage of any sort incurred as the result of any such dealings.

No advice or information, whether oral or written, obtained by User from or through the Service shall create any warranty not expressly stated herein.

Complaints, concerns or questions User may have relating to such content should be forwarded directly to the sources responsible therefore, as User understands and agrees that We are under no obligation to become involved in disputes between participants on this site, or between Users and any third party.

User interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such organizations and/or individuals.

In the event that User has a dispute with one or more other Users, User hereby releases RaceDrive Interactive Inc., its officers, employees, agents and successors in rights from claims, demands and damages - actual and consequential - of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the RaceDrive Service.

No Warranties:

The Service and all content is provided on an "as is" and "as available" basis - and without warranties or conditions of any kind, expressed or implied and that use of the Service is entirely at User's own risk.

RaceDrive Interactive Inc. nor its affiliates, licensors or agents, makes any warranties or representation as to the accuracy, currency, completeness, reliability or usefulness of information available through the Service or that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free, or that software defects will be corrected or that this site or the server that makes it available is free of viruses or other harmful components, that the results that may be obtained from the use of the Service will be accurate or reliable, and that the quality of any products, services, information, or other material purchased or obtained by User through the Service will meet your expectations.

To the fullest extent permitted by applicable law We disclaim all warranties and conditions of any kind, either express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement of proprietary rights.

To the fullest extent permitted by law - We disclaim any warranties for viruses or other harmful components in connection with the Service.

We are not responsible for your inability to download content and it is always the User's responsibility to obtain and maintain reliable internet connectivity.

Any material downloaded or otherwise obtained through the use of the Service is done at User's own discretion and risk and User will be solely responsible for any damage to User's computer system or loss of data that results from the download of any such material.

In no event shall We be liable for any damages whatsoever including without limitation - damages for interruption, suspension or termination of Service, loss of profits, loss of business information, business interruption, other intangibles, or any other pecuniary loss arising out of the use of or inability to use the Service, from any changes to the Service, or from unauthorized access to or alteration of your transmissions or data even if We have been advised of the possibility of such damages.

In no event shall We be liable for any damages whatsoever including but not limited to, negligence, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

Courts:

RaceDrive Interactive Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of RaceDrive Interactive Inc.'s right to comply with governmental, court, and law enforcement requests or requirements relating to User's use of the Service or information provided to or gathered by RaceDrive Interactive Inc. with respect to such use.

We reserve the right to reveal User identity and whatever information we know about User to any law enforcement agent or official in the event of legal action arising from any messages/postings/comments or conduct or use of the Service by the User.

These Terms of Service and the Privacy Policy, shall be governed by and construed in accordance with the laws of the State of Colorado, U.S.A.

User hereby irrevocably consent to the exclusive jurisdiction and venue of courts in El Paso County, Colorado, U.S.A. for any claim or action arising from or relating in any way to these Terms of Use, in all disputes arising out of or relating to the use of the Service and Contents or User use thereof and shall be filed only in the state or federal courts located in El Paso County in the State of Colorado.

User agrees that no joint venture, partnership, employment, or agency relationship exists between User and RaceDrive Interactive Inc. as a result of this Terms of Service or use of the Service.

Our failure to act with respect to a breach by User or others does not waive our right to act with respect to subsequent or similar breaches.

Limitation of Liability:

In no event will RaceDrive Interactive Inc. or its affiliates, licensors, or agents be liable under any theory of law, for any indirect, incidental, punitive, or consequential damages.

If User is dissatisfied with the Service, the materials available on or through the Service, or with any provisions in this legal notice, User's sole and exclusive remedy is to discontinue using the Service.

User agrees that We shall not be responsible for any loss of data that results from the download of material from the Service, network or system outages, file corruption or any other reason.

We may delete or prevent content or attachments that are inappropriate or harmful - however, We have no obligation to do so.

User understands and agrees that not all viruses or similar harmful programs can be detected or prevented. User agrees to assume the risk of any damages that may be caused by User's downloading of any files or information through the Service.

The information, software, products, and services included in or available through the Service may include inaccuracies or typographical errors. RaceDrive Interactive Inc. and/or its respective suppliers may make improvements and/or changes and to the information therein in the Service at any time. All such information, software, products, Services and related graphics are provided "as is" without warranty of any kind.

User specifically agrees that We shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service.

User specifically agrees that We shall not be responsible for any content sent using and/or included in the Service by any third party.

The remainder of the Terms of Service will continue in full force and effect - if for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable.

Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by RaceDrive Interactive Inc.

If User is a California resident, User hereby agrees to waive California Civil Code (1542.) Section Fifteen Hundred and Forty-two. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Indemnification:

User agrees to defend, indemnify and hold harmless from any claim or demand, RaceDrive Interactive Inc., its parents, subsidiaries, successors, assigns, affiliates, its licensors, suppliers Service providers, and any third-party content providers to the Service and their respective directors, officers, employees and agents from and against all claims, demands, losses, expenses, damages and costs, including reasonable attorney's fees, and court costs, asserted by any third party claim or demand arising out of, or arising out of Content that User submits, posts or makes available through the Service, User's use of the Service, User's violation of the Terms, User's breach of any of the representations and warranties herein, or User's violation of any rights of another, User's use or conduct on the RaceDrive.com Service and resulting from any violation of these Terms or any activity related to User's account - including negligent or wrongful conduct - by User or any other person accessing the Service using User's account.

We may assign these Terms of Service, in whole or in part, at any time.