Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THE INTENSE MOTORSPORTS MAUI WEBSITE, YOU EXPRESSLY AGREE WITH AND CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “AGREEMENT”) AND THE TERMS AND CONDITIONS OF INTENSE MOTORSPORTS MAUI’S PRIVACY POLICY AND COOKIE POLICY , WHICH ARE INCORPORATED HEREIN BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
2. Use of the Website by Individuals Under 18
The Website is not directed to or intended for individuals under the age of 18. If you are under the age of 18, you may not use the Website.
3. Intense Motorsports Maui Proprietary Rights
The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Intense Motorsports Maui and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other Jurisdiction, relating to the Website, or any contents or materials related thereto.
4. Copyrights, Trademarks and Service Marks of Third Parties
The Website and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”) are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by Intense Motorsports Maui. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Website without Intense Motorsports Maui’s prior written consent, which may be withheld in its sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the Content for any other purpose constitutes an infringement of Intense Motorsports Maui’s Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Content. Any use of any portion of this Website on any other website or other networked computer environment is prohibited without Intense Motorsports Maui’s prior written consent, which may be withheld in its sole discretion. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Intense Motorsports Maui has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Intense Motorsports Maui has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Intense Motorsports Maui or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. Intense Motorsports Maui’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Intense Motorsports Maui to delete, edit, or disable the material in question, you must provide Intense Motorsports Maui with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (d) information reasonably sufficient to permit Intense Motorsports Maui to contact you, including a name, address, telephone number, and if available, an e-mail address at which you may be contacted; (e) a statement that you have a good faith belief that 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the attention of Intense Motorsports Maui’s Legal Department at:
Intense Motorsports Maui
305 Dairy Rd, Unit B
Kahului, HI 96732
(808) 873-8555
5. Third-Party Websites
The Website may contain links to third party websites that are not owned or controlled by Intense Motorsports Maui. Intense Motorsports Maui has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites . In addition, Intense Motorsports Maui will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Intense Motorsports Maui from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware of when you leave the Website, and to read the terms and conditions and privacy policy of any third party website that you visit.
6. Indemnity
You agree to defend, indemnify and hold harmless Intense Motorsports Maui and its subsidiaries, agents, officers, directors, employees, shareholders, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
7. No Warranty
THE WEBSITE AND THE INTENSE MOTORSPORTS MAUI SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (“MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE OR THE MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, INTENSE MOTORSPORTS MAUI, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
INTENSE MOTORSPORTS MAUI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INTENSE MOTORSPORTS MAUI WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INTENSE MOTORSPORTS MAUI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTENSE MOTORSPORTS MAUI OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability
IN NO EVENT SHALL INTENSE MOTORSPORTS MAUI, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA, OR THAT RESULT FROM ERRORS IN THE ADMINISTRATION OF ANY CONTEST, PROCESSING OF CONTEST SUBMISSIONS OR AWARDING OF ANY PRIZE. UNDER NO CIRCUMSTANCES WILL INTENSE MOTORSPORTS MAUI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT INTENSE MOTORSPORTS MAUI SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INTENSE MOTORSPORTS MAUI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9. Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE WEBSITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE.
10. Survival
The provisions of Sections 3, 6, 7, 8, 9, 10,11, and 12 shall survive any termination or expiration of this Agreement.
11. Changes/Updates
Intense Motorsports Maui reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
12. General
You agree that: (i) the Website shall be deemed solely based in Hawaii; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Intense Motorsports Maui, either specific or general, in jurisdictions other than Hawaii. This Agreement shall be governed by the internal substantive laws of the State of Hawai, without respect to its conflict of laws principles. Any claim or dispute between you and Intense Motorsports Maui that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Maui County, Hawaii. This Agreement, together with the Privacy Policy , Cookie Policy , and any other legal notices published by Intense Motorsports Maui on the Website, shall constitute the entire agreement between you and Intense Motorsports Maui concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Intense Motorsports Maui’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
By accessing the Website, you represent that you have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of this Agreement.