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Terms & Conditions

This website is the only official website of Denny Hamlin and is
©Copyright Denny Hamlin Racing, Inc (DHR). Commercial reproduction,
distribution or transmission of any part or parts of this website or
any information contained therein by any means whatsoever without the
prior written permission of the Club is not permitted.

This Terms of Use Agreement sets forth the standards of use of the
Denny Hamlin Racing, Inc., hereinafter known as 'DHR', Online Service.
By using the DHR/DennyHamlin.com website you (the "Member") agree to
these terms and conditions. If you do not agree to the terms and
conditions of this agreement, you should immediately cease all usage
of this website. We reserve the right, at any time, to modify, alter,
or update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon being
posted at DHR/DennyHamlin.com website. Your continued use of the
Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided
in this paragraph, this Agreement may not be amended.

Description of Service

DHR is providing Member with an online information web site pertaining
to the race car driver Denny Hamlin. Member must provide (1) all
equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member's access to the
Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties.

The site is provided by DHR on an "as is" and on an "as available"
basis. To the fullest extent permitted by applicable law, DHR makes no
representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise. DHR shall have no
liability for any interruptions in the use of this Website. DHR
disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not
allow the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.

Limitation of Liability

DHR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
DHR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR
LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE
INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN
IF DHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold DHR, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees and costs, made by any third
party due to or arising out of Member's use of the Service, the
violation of this Agreement, or infringement by Member, or other user
of the Service using Member's computer, of any intellectual property
or any other right of any person or entity.

Modifications and Interruption to Service

DHR reserves the right to modify or discontinue the Service with or
without notice to the Member. DHR shall not be liable to Member or any
third party should DHR exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that DHR does not guarantee
continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely affected
by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are
owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of, or
the content located on or through, any third-party site. You should
contact the site administrator or webmaster for those third-party
sites if you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites is subject
to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said privacy
policies of third-parties' sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided
by the Vendors or collected from publicly available sources. While DHR
makes every effort to ensure that the information on this website is
accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
DHR makes no warranties or representations whatsoever with regard to
any product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided by any
Vendor shall be at your own risk.

Governing Jurisdiction of the Courts North Carolina

Our website is operated and provided in the State of North Carolina.
As such, we are subject to the laws of the State North Carolina, and
such laws will govern this Terms of Use, without giving effect to any
choice of law rules. We make no representation that our website or
other services are appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our site you agree to
do so subject to the internal laws of the State North Carolina.

Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in any
way that violates applicable state, federal, or international laws,
regulations or other government requirements. Member further agrees
not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or
international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof
is ©2008 DennyHamlin.com, with all rights reserved, or is the property
of DHR and/or third parties protected by intellectual property rights.
Any use of materials on the website, including reproduction for
purposes other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission
of an authorized officer of DHR is strictly prohibited. Members agree
that they will not use any robot, spider, or other automatic device,
or manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized
officer of DHR.

DHR(TM) and DennyHamlin.com(TM) are proprietary marks of
DennyHamlin.com. DHR's trademarks may not be used in connection with
any product or service that is not provided by DHR, in any manner that
is likely to cause confusion among customers, or in any manner that
disparages or discredits DHR.

All other trademarks displayed on DHR's website are the trademarks of
their respective owners, and constitute neither an endorsement nor a
recommendation of those Vendors. In addition, such use of trademarks
or links to the web sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or have any
affiliation with DHR

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, DennyHamlin.com
designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.

By Mail

DennyHamlin.com
130 Infield Court
Mooresville, NC 28117
By Telephone: 704.663.0111
By Email: web@DennyHamlin.com

Botnets

DHR retains the right, at our sole discretion, to terminate any
accounts involved with botnets and related activities. If any
hostnames are used as command and control points for botnets, DHR
reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination at our
discretion.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful,
void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible extent. You
agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by DHR, in our sole discretion, to a
third party in the event of a merger or acquisition. This Terms of Use
Agreement shall apply in addition to, and shall not be superseded by,
any other written agreement between us in relation to your
participation as a Member. Member agrees that by accepting this Terms
of Use Agreement, Member is consenting to the use and disclosure of
their personally identifiable information and other practices
described in our Privacy Policy Statement.

This Terms of Use Agreement was last updated on 02/14/2012
 

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