ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND RACEWAY FORD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE RACEWAY FORD'S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RACEWAY FORD RESERVES THE RIGHT TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
1. CHANGES TO WEBSITE
Raceway Ford and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site's operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.
2. LINKING, CRAWLING AND ARCHIVING
If you would like to link to this Site, you must comply with the following guidelines:
a. do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
b. you may not create the appearance of a relationship or affiliation with Raceway Ford; and
c. your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
Raceway Ford may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RACEWAY FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. RACEWAY FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE.
5. ARBITRATION AGREEMENT
You may bring claims only on your own behalf. Neither you nor Raceway Ford will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's dispute, if Raceway Ford is a party to the proceeding.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this arbitration agreement.
In the event the American Arbitration Association is unwilling or unable to administer the arbitration, the arbitration shall be administered by JAMS (also known as Judicial Arbitration and Mediation Services) according to its Streamlined Arbitration Rules and Procedures as most recently amended as of the date of your use of this website. The JAMS rules can be found on its website at www.jamsadr.com. Alternatively, you may contact Raceway Ford to obtain a copy of the rules by mail or email.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Raceway Ford can require the other to participate in an arbitration proceeding. To opt out, you must notify Raceway Ford by certified U.S. mail within 30 days of the date that you first became subject to this arbitration provision.
You must use this address to opt out:
Raceway Ford, c/o Gary Hertica, 5900 Sycamore Canyon Blvd., Riverside, California 92507
You must include your name, the date or dates that you used the Raceway Ford website and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions, class arbitrations, claims brought in a private attorney general or representative capacity, consolidated claims involving another person's account and other claims brought on behalf of third parties discussed above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. The arbitrator shall have the authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement as well as whether any of its terms are unconscionable. If any portion of the arbitration agreement (with the exception of the prohibition against class actions, class arbitrations, claims brought in a private attorney general or representative capacity, consolidated claims involving another person's account and other claims brought on behalf of third parties discussed above) is found to be unconscionable, the arbitrator shall have the authority to sever that particular section from the agreement. This arbitration agreement will survive the termination of your relationship with Raceway Ford.