TERMS AND CONDITIONS
The Kroger Co. and its affiliates (collectively, "Kroger"), along with Daytona International Speedway, LLC d/b/a Daytona International Speedway and its affiliates (collectively "DIS") (both Kroger and DIS shall be jointly referred to as the "Promoter"), provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this "Site") exclusively under the following Terms and Conditions and all applicable laws:
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Promoter with exception of any consumer information and/or data provided to Kroger including Shopper's Card information remain property of Kroger unless consumers specifically decide to chose (opt-in) to receive information, advertisements and/or promotional material from DIS. In addition, the names, images, pictures, logos and icons identifying Kroger's products and services are proprietary marks of Kroger and/or its subsidiaries or affiliates. The names, images, pictures, logos and icons identifying DIS, its products and/or services are proprietary marks of DIS and/or its parent, subsidiary or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
1.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Promoter.
1.3 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
2. LINKS TO THIRD PARTY SITES
Promoter provides links to third party web sites for your convenience. Promoter does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by Promoter.
3. DISCLAIMERS
3.1 THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PROMOTER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3.2 Promoter disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
4. LIMITATION OF LIABILITY A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means The Kroger Co., its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them. Daytona International Speedway, LLC, its parent, subsidiary and affiliated companies and its and their officers, directors, shareholders, employees, subcontractors, successors, agents and assigns.
5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
This Site may contain references or cross references to Promoter products and services that are not available in every country.
6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Ohio, and jurisdiction therefore shall rest solely in Ohio, USA.
7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by Promoter with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.
8. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
9. COMMUNICATIONS
Any communication or other information sent to Promoter via electronic mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Promoter for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Promoter.
10. LINKS TO KROGER WEB PAGES
Promoter does not permit any linking of any kind to this site from a third party website without the express written consent of both Kroger and Daytona International Speedway in their complete and sole discretion.
11. IF YOU DO NOT AGREE ...
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.