Terms of Use - NASCAR Kids

NASCARKIDS.COM TERMS OF USE

LAST MODIFIED: February 16, 2026

What’s New in the Updated Terms of Use?

We, NASCARKIDS.COM, have revised the Terms of Use for our current and future online and mobile websites, platforms, services, and applications directed to children owned or operated by NASCAR Digital Media, LLC and NASCAR and each of their respective parents and affiliates and the officers, directors, members, employees, advisors, subcontractors and agents (collectively, “NASCARKIDS.COM”). Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use NASCARKIDS.COM, including without limitation, when you view or access content or videos on NASCARKIDS.COM.

Throughout we have revised these Terms to enhance readability and understanding.
We have added a mandatory arbitration provision.
We have also added prohibited use of the NASCARKIDS.COM services to better protect you, others, and us.

IMPORTANT NOTICE: YOU AND WE AGREE TO RESOLVE ANY DISPUTE BETWEEN US THROUGH THE DISPUTE RESOLUTION PROCEDURE DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AND WE WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH ANY DISPUTES BETWEEN US. PLEASE CAREFULLY REVIEW THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER TERMS BELOW FOR DETAILS (INCLUDING THE PROCEDURE TO OPT OUT).

Welcome to NASCARKIDS.COM! NASCARKIDS.COM includes this web site (including its sub-domains) and associated applications (such as mobile and other device applications) and other associated offerings that are owned, offered or operated by or on behalf of NASCAR Digital Media. LLC and NASCAR directed to children. Please read these terms and conditions of use (“Terms of Use”) carefully before using NASCARKIDS.COM. Your access to and use of NASCARKIDS.COM is subject to the following terms and conditions (including the NASCARKIDS.COM Privacy Policy) and all applicable laws. By accessing and using NASCARKIDS.COM, you signify your assent to these Terms of Use and the Privacy Policy (collectively, the “Agreement”). If you do not agree to these Terms of Use or the Privacy Policy please do not use NASCARKIDS.COM. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of NASCARKIDS.COM following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.

TABLE OF CONTENTS

NASCARKIDS.COM Terms of Use.

Definitions.

Description of Service.

General.

Registration Obligations.

Changes in Services and Terms.

Equipment.

Intellectual Property Rights of the NASCAR Parties.

User Conduct.

Advertisements and Promotions.

Prohibited Use of NASCARKIDS.COM.

Disclaimer of Warranty; Limitation of Liability.

Indemnification.

Termination.

Governing Law.

Mandatory Arbitration.

Class Action Waiver.

Miscellaneous.

Notice of Infringement of Copyright.

Interpretation.

DEFINITIONS.

NASCARKIDS.COM is operated and hosted by NASCAR Digital Media, LLC on behalf of the National Association for Stock Car Auto Racing, LLC. As used in this document, “NDM” refers to NASCAR Digital Media, LLC. As used in this document, “NASCAR” refers to the National Association for Stock Car Auto Racing, LLC. As used in this document, “NASCAR Parties” means NASCARKIDS.COM, NDM, NASCAR and each of their respective parents and affiliates and the officers, directors, members, employees, advisors, subcontractors and agents of the foregoing. As used in this document, (i) “Visitor” means a NASCARKIDS.COM user that accesses the NASCARKIDS.COM web pages and associated applications without registering and/or logging-in, (ii) “Member” means a NASCARKIDS.COM user that is registered with and has an account (an “Account”) with NASCARKIDS.COM, and (iii) “User” and/or “you(r)” means and includes Members and Visitors.

DESCRIPTION OF SERVICE.

Through NASCARKIDS.COM, NASCAR offers a wide variety of content that pertains to sports, entertainment, collectibles, games, contests, and other forms of consumer entertainment and information. NASCARKIDS.COM contains important information about NASCAR, and allow users to play games related to NASCAR products.

NASCAR makes no representation that NASCARKIDS.COM or the contents are appropriate or available for use in locations outside the United States. If you use NASCARKIDS.COM or contents from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.

LINKS

NASCARKIDS.COM may provide links to other World Wide Web sites or resources. Because NASCAR has no control over such sites and resources, you acknowledge and agree that NASCAR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NASCAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

GENERAL.

These Terms of Use set forth the terms and conditions that apply to your use of NASCARKIDS.COM. By using NASCARKIDS.COM (other than to read these Terms of Use for the first time), you agree to comply with all of the terms and conditions hereof. In addition, you agree that any information collected in connection with your use of NASCARKIDS.COM is subject to the NASCARKIDS.COM Privacy Policy. The right to use NASCARKIDS.COM is personal to you and is not transferable to any other person or entity. Without limiting the generality of the foregoing, if NASCARKIDS.COM offers you applications (e.g., mobile device application) or other features to download, you may only use the application or feature on a device that you own or control and such right to use the application or other feature shall be limited, non-exclusive, non-sublicensable and non-transferable. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any. You agree not to use the account, username, or password of another User at any time. You agree to notify NASCARKIDS.COM and/or NDM immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for all use of your Account and/or password.

REGISTRATION OBLIGATIONS.

NASCARKIDS.COM does not require registration for general access. However, some areas of content or functionality (“Restricted Areas”) might require registration. When you do register with us, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, cu5rrent and complete. If you provide any information that is inaccurate, not current or incomplete, or if NASCAR has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, NASCAR may termination your access to areas requiring registration and any account(s) you have registered, at its sole discretion.

CHANGES IN SERVICES AND TERMS.

The NASCAR Parties shall have the right at any time to change or discontinue any aspect or feature of NASCARKIDS.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use. The NASCAR Parties shall have the right at any time to change or modify the terms and conditions applicable to your use of NASCARKIDS.COM, or any part pertaining to that, including these Terms of Use, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means determined by the NASCAR Parties, including, but not limited to, posting on and/or through NASCARKIDS.COM, or by electronic or conventional mail, or by any other means by which you obtain notice. Any use of NASCARKIDS.COM by you after such notice shall be deemed to constitute your acceptance of such changes, modifications, or additions.

EQUIPMENT.

You shall be responsible for obtaining and maintaining all telecommunication devices, computer hardware and other services and equipment needed for access to and use of NASCARKIDS.COM and all charges related to it. In addition, certain features that make up NASCARKIDS.COM (e.g., NASCARKIDS.COM device applications) may operate on or in connection with various products and services provided by various third parties, such as third-party handsets, tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the disclaimers and limitations of liability stated elsewhere in this document, you acknowledge that the NASCAR Parties do not control such third parties or their products or services and that the NASCAR Parties shall not be responsible for such third parties or their products or services.

INTELLECTUAL PROPERTY RIGHTS OF THE NASCAR PARTIES.

NASCARKIDS.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of NASCARKIDS.COM are copyrighted as a collective work under the United States copyright laws. The NASCAR Parties (and/or each of their parents and/or affiliates) own copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way similarly exploit, any of the content, in whole or in part. To the extent expressly permitted at certain parts of NASCARKIDS.COM (if any), you may download copyrighted material for your personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the applicable NASCAR Party and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by viewing or downloading copyrighted material. The NASCAR Parties and each of their parents, affiliates and content suppliers expressly reserve all ownership and other rights (including, but not limited to, intellectual property rights) in their respective materials and no such rights are transferred to you. NASCARKIDS.COM, NDM, NASCAR, and each of their logos, are trademarks of NASCAR. All rights reserved. All other trademarks appearing on NASCARKIDS.COM are the property of their respective owners.

USER CONDUCT.

By viewing NASCARKIDS.COM you agree to the following:

A. Lawful Use. You shall use NASCARKIDS.COM for lawful purposes only. You shall not post or transmit through NASCARKIDS.COM any material that violates or infringes in any way the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without the NASCAR Parties’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by the NASCAR Parties in the NASCAR Parties’ discretion, restricts or inhibits any other User from using or enjoying NASCARKIDS.COM will not be permitted. User shall not use NASCARKIDS.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with NASCARKIDS.COM.

B. User Content. You shall not upload, post or otherwise make available on NASCARKIDS.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, intellectual property or proprietary rights, or any other harm resulting from such a submission.

C. User Rules of Conduct. Any conduct that the NASCAR Parties determine, in the NASCAR Parties’ sole discretion, restricts or inhibits anyone else from using or enjoying NASCARKIDS.COM will not be permitted. The NASCAR Parties reserve the right in any of their sole discretion to remove or edit User Content by you and to terminate your Account for any reason. The NASCAR Parties are not responsible for User Content submitted to NASCARKIDS.COM or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of NASCARKIDS.COM.

D. No Obligation. User Content submitted by you will be considered non-confidential and the NASCAR Parties are under no obligation to treat such User Content as proprietary information except pursuant to the NASCARKIDS.COM Privacy Policy. Without limiting the foregoing, the NASCAR Parties reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. The NASCAR Parties are under no obligation to edit, delete or otherwise modify User Content once it has been submitted to the NASCAR Parties. The NASCAR Parties shall have no duty to attribute authorship of User Content to you and shall not be obligated to enforce any form of attribution by third parties.

ADVERTISEMENTS AND PROMOTIONS.

The NASCAR Parties may run advertisements and promotions from third parties on NASCARKIDS.COM. All revenue generated by such advertising is the property of the NASCAR Parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the NASCAR Parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The NASCAR Parties are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on NASCARKIDS.COM.

The NASCAR Parties may offer you opportunities to vote in connection with certain events and to participate in contests, sweepstakes or other promotions. By participating in any such event, you signify your agreement to all special terms set forth on or in connection to the event as well as the terms of this Agreement.

Eligibility to win certain prizes offered on NASCARKIDS.COM may be limited to individuals who are registered users and who are legal residents of any of the fifty (50) United States and Washington D.C., and who are at least eighteen years of age. However, you should check the rules of each game or contest for specific eligibility requirements. Employees of NASCAR or members of their immediate families or households are not eligible to win prizes offered on NASCARKIDS.COM. All competitions involving prizes are void where prohibited by law. In some instances, prizes will not be distributed by NASCAR unless and until the notified winner(s) have executed an affidavit affirming their eligibility that will be provided by NASCAR at the time of notification. If any eligible winner fails to execute the required affidavit within thirty (30) days of its issuance by NASCAR, or if they refuse to accept a prize for any reason, NASCAR may award the prize to one or multiple participants, in accordance with the official game rules.

PROHIBITED USE OF NASCARKIDS.COM.

Without the NASCAR Parties’ prior written consent, you shall not:

Access any part of the NASCARKIDS.COM you do not have permission or authorization to access or for which the NASCAR Parties have revoked your access;
Use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape NASCARKIDS.COM, including all images, video, data and other information contained on NASCARKIDS.COM (“NASCAR Content”), or collect such information from NASCARKIDS.COM using automated means;
Use NASCAR Content for the development of any software program, model, algorithm, or generative AI tool, including, but not limited to, training or using the NASCAR Content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of the Content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation).
Use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to NASCARKIDS.COM in any way, including overriding any security feature, bypassing or circumventing any access controls or use limits of NASCARKIDS.COM; or
Take action that imposes an unreasonable or disproportionately large load on our network or infrastructure.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

A. YOU EXPRESSLY AGREE THAT YOUR USE OF NASCARKIDS.COM IS AT YOUR SOLE RISK. NEITHER THE NASCAR PARTIES NOR ANY OF THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS WARRANT THAT NASCARKIDS.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NASCARKIDS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH NASCARKIDS.COM.

B. NASCARKIDS.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

C. USER SPECIFICALLY ACKNOWLEDGES THAT THE NASCAR PARTIES AND THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS SHALL NOT IN ANY EVENT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ANY NASCAR PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARKIDS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF NASCARKIDS.COM OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF NASCARKIDS.COM, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON NASCARKIDS.COM. USER NOW ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING NASCARKIDS.COM. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A NASCAR PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARKIDS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ANY NASCAR PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCARKIDS.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF NASCARKIDS.COM OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

E. UNLESS AND EXCEPT AS OTHERWISE SPECIFICALLY STATED WITHIN NASCARKIDS.COM, AWARDS, SUCH AS BADGES, AND SIMILAR ITEMS PROVIDED BY NASCARKIDS.COM, ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT HAVE MONETARY OR SIMILAR VALUE.

INDEMNIFICATION.

You shall defend, indemnify and hold harmless the NASCAR Parties and their respective directors, officers, shareholders, members, employees, agents, third-party content providers, vendors and licensors from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the use of NASCARKIDS.COM by You, and/or arising out of use of Your Account (whether or not by You), and/or arising out of Your other acts or omissions. The NASCAR Parties reserve the right to take over the exclusive defense of any claim for which any party is entitled to indemnification under this Section. In such event, you shall provide the NASCAR Parties with such cooperation as is reasonably requested by the NASCAR Parties.

TERMINATION.

The NASCAR Parties may change, suspend or discontinue any aspect of NASCARKIDS.COM at any time, including the availability of any feature, database, or content. The NASCAR Parties may also impose limits on certain features and services or restrict your access to parts or all of NASCARKIDS.COM without notice or liability at any time in the NASCAR Parties’ sole discretion, without prejudice to any legal or equitable remedies available to the NASCAR Parties, for any reason or purpose, including, but not limited to, conduct that the NASCAR Parties believe violates these Terms of Use or other policies or guidelines posted on NASCARKIDS.COM or conduct that the NASCAR Parties believe is harmful to other customers, to the NASCAR Parties’ business, or to other information providers. Upon any termination of these Terms of Use, you shall immediately discontinue your use and access of NASCARKIDS.COM and destroy all materials obtained from it. The provisions reasonably necessary to effectuate the intent hereof post termination shall survive.

GOVERNING LAW.

The content, data, video, and all other material and features on NASCARKIDS.COM are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of NASCARKIDS.COM, and/or the provision of content, services, and/or technology on or through NASCARKIDS.COM shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Florida applicable to contracts made, entered into and performed entirely in it, without giving effect to its conflict of laws provisions, and the courts in the State of Florida shall be the exclusive forum for any disputes.

MANDATORY ARIBITRATION.

You understand that and agree to the following mechanisms for resolving any Dispute between us:

A. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and the NASCAR Parties, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and the NASCAR Parties that arise from or in any way relate to or concern NASCARKIDS.COM and any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), and any disputes relating to any other communications either of us received from the other.

B. Mandatory Informal Dispute Resolution Process. You and the NASCAR Parties agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, if either you or the NASCAR Parties wants to bring or resolve a Dispute, you or the NASCAR Parties must follow the mandatory informal dispute resolution process (“MDR Process”) as a precondition to the ability to file an arbitration demand or lawsuit:

1. 1. Notice. To initiate the MDR Process, the party with a Dispute must first give written to the other party (“Notice”). We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute.

1. 1. 1. To notify the NASCAR Parties, you must send a Notice by certified U.S. Mail to the address below. The Notice must include: (a) your name, address, and contact information; (b) the name and contact of your legal counsel (if you are represented by counsel); and (c) a description of the specific facts giving rise to the Dispute, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice must include a personally signed statement from you (not your counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing the NASCAR Parties to disclose your personal information to your attorney while seeking to resolve your claim. You must send your Notice to the NASCAR Parties by mail to:
      
      NDM Network Services Notice of Dispute
      NASCAR Digital Media, LLC
      Legal Department
      One Daytona Boulevard
      Daytona Beach, FL 32114.A copy of the mailed notice must be sent via email to [email protected].
    2. To notify you, the NASCAR Parties will send a Notice by certified U.S. mail to the billing address that you have provided to the NASCAR Parties. If you have not provided a billing address, the NASCAR Parties may send the Notice to the email address we have associated with your Account. The Notice must include: (a) the name and contact information of counsel for the NASCAR Parties; and (b) a description of the specific facts giving rise to the Dispute, and the relief requested, including damages, if any, and a detailed calculation for them. Our Notice must include a personally signed statement (from us -—not from our counsel) verifying the accuracy of the contents of the Notice.

In order for a Notice to be considered complete, it must be provided for in the form and manner described above (a “Completed Notice”). It is each party’s responsibility to provide that a Notice initiated by it is a Completed Notice.

1. 1. Timing. The mandatory informal dispute resolution process shall occur within sixty (60) days of receipt of the Completed Notice (which can be extended by agreement). The MDR Process shall terminate upon the earlier of the parties reaching a resolution of the Dispute or 60 days following receipt of a Completed Notice (plus any agreed upon extension).
  2. Good Faith Effort to Informally Resolve Disputes. You and the NASCAR Parties agree that, after receipt of the Completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and the NASCAR Parties agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and will work in good faith to resolve the Dispute. If the MDR Process terminates without the parties reaching an agreement to resolve the issues identified in the Completed Notice, either party may commence a proceeding as noted below.

C. Arbitration Agreement and Class Action Waiver. If we are unable to resolve a Dispute through the MDR Process in Section B, you and the NASCAR Parties agree as follows: ANY DISPUTE THAT CANNOT BE RESOLVED VIA THE MDR PROCESS WILL BE RESOLVED In a binding, confidential, individual and fair arbitration process, and not in court, subject to the exceptions noted below. SUBJECT TO THOSE EXCEPTIONS, YOU AND THE NASCAR PARTIES AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT YOU AND THE NASCAR PARTIES MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR CLASS ARBITRATION. This arbitration agreement and class action waiver (“Arbitration Agreement”) applies to all Disputes between Users and the NASCAR Parties.

1. 1. Controlling Law Regarding the Arbitration Agreement. The Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Arbitration Agreement and all of its provisions, including, without limitation, the arbitration process and the class action waiver. State arbitration laws do not govern in any respect. The NASCAR Parties and you each agree that these Terms of Use evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
  2. Venue and Survival. The Arbitration Agreement shall survive termination of these Terms of Use. Any original action to compel arbitration under Section 4 of the FAA must be brought in a federal court located in Volusia County, State of Florida, unless mandated by law to be filed in another court. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of the parties’ agreement to arbitrate, then that issue shall be determined by the laws of the State of Florida.
  3. Arbitration Proceedings. Any arbitration between you and the NASCAR Parties will be administered by the American Arbitration Association (“AAA”) pursuant to their then-applicable Consumer Arbitration Rules and Optional Rules For Emergency Measures of Protection, as well as their Mass Arbitration Supplementary Rules and mass arbitration fee schedule, as applicable, as modified by this Arbitration Agreement. AAA’s rules and fee schedules can be found at adr.org. Except in the event of a Mass Filing as described below, the arbitration shall be conducted by a single, neutral arbitrator. If you and the NASCAR Parties cannot agree on an arbitrator, the arbitrator will be appointed pursuant to the AAA’s rules.
  4. Alternative Arbitration Provider. If AAA is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement. This Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules.
  5. Filing Fee and Costs. The initiating party must pay all filing fees for the arbitration. Your and the NASCAR Parties responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.
  6. Waiver of Fees and Costs. You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. AAA’s rules and fee schedules can be found at adr.org.
  7. Enforceability. A claim regarding enforceability of any portion of this Arbitration Agreement must be brought in federal or state court. Courts shall have the exclusive authority to determine: (i) the enforceability of any or all of the procedures set forth in this Arbitration Agreement; and (ii) if any or all the procedures set forth in this Arbitration Agreement are unenforceable, whether that or those procedures are severable from the remaining provisions of this Agreement and the consequences of said severance. If the court determines that the MDR Process or the Mass Filing provision is enforceable, it will also decide whether the party seeking to arbitrate the Dispute complied with each respective process.
  8. Overview of Arbitration. You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in this Arbitration Agreement. Subject to this Arbitration Agreement, the arbitrator has exclusive authority to resolve all issues relating to the parties’ Dispute. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.

D. Related Cases and Mass Filing Procedure. If your Completed Notice involves claims similar to those of at least 25 other Users, and if you and those other Users are represented by the same lawyers, or by lawyers who are coordinating with each other, or if the NASCAR Parties asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Filing.” The following procedures will apply to a Mass Filing:

1. Acknowledgment of Related Cases procedure. If you or the NASCAR Parties, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this sub-Section (the “Mass Filing Procedure”). If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the dispute regarding Mass Filing.
2. Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor the NASCAR Parties will be required to pay any such filing fees. You and the NASCAR Parties also agree that neither you nor we shall be deemed to be in breach of this Section for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
3. Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Disputes may then be administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation process.
4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and the NASCAR Parties agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Disputes, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award. If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply. AAA’s mass arbitration fee schedule is available on its website at adr.org/rules. For mass arbitrations before any other arbitration provider, if applicable, you and the NASCAR Parties agree that its mass arbitration fee schedule shall apply, as necessary.
5. Opting Out. If your claim is not resolved as part of the Bellwether Arbitration and Global Mediation process outlined above, the parties shall also have the opportunity to opt out of arbitration and bring the pending Dispute to the state or federal courts located in Volusia County, State of Florida, unless mandated by law to be filed in another state or federal court. The parties have 30 days of the failed Global Mediation process to opt out. This shall not provide an opportunity for either party to opt out of arbitration for other claims. You may opt out of a Mass Filing arbitration by providing written notice of your intention to opt out to the arbitration provider and to Arbitration Opt Out Notice, Arbitration Notice of Dispute:
  
  NASCAR Enterprises, LLC Legal Department
  One Daytona Boulevard
  Daytona Beach, FL 32114.via USPS Priority Mail or hand delivery, or by notice to the attorney representing the NASCAR Parties in the arbitration proceeding, with a copy sent via email to [email protected].This written notice must be signed by you, even if it is also signed by your attorney. The written notice cannot be signed by an agent or other representative of yours in lieu of your signature. It must include a statement that you wish to opt out of arbitration within 30 days after the conclusion of the Global Mediation process. the NASCAR Parties may exercise its equivalent opt-out right by sending written notice to you or your attorney, agent, or representative if you are represented.
6. Enforcement. A Court of competent jurisdiction shall have the power to enforce the Mass Filing Procedure, including by injunctive, declaratory, or other relief.

E. Live Testimony. You must appear to testify at any arbitration hearing personally, virtually, or in another manner authorized by law or the arbitration provider. You agree that if you fail to appear in one of these forms to testify, you consent to have the arbitrator order that the case be closed immediately.

F. Discovery and Information Exchange. Regardless of how the arbitration proceeds, each of you and the NASCAR Parties shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the arbitration provider’s rules. Notwithstanding the foregoing, you and we shall agree in advance to reasonable search parameters, which shall be limited to documents not otherwise readily available to the other party, and which are relevant and material to the outcome of the Dispute.

G. Attorney’s Fees and Fee Shifting. Each of you and the NASCAR Parties may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit(s) the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s).

H. Restrictions on Forms of Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by these Terms of Use. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief except those allowed under the law and these Terms of Use. The arbitrator also may not order you or the NASCAR Parties to pay any monies to or take any actions with respect to persons other than you or the NASCAR Parties, respectively, unless you or the NASCAR Parties explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order, as applicable. Further, unless you and the NASCAR Parties expressly agree, or subject to the provisions of the Mass Filing Procedure, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

I. Confidentiality. You and the NASCAR Parties agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and the NASCAR Parties agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.

J. Servability. With the exception of the class action and class arbitration waiver in Sub-Section C, and the Mass Filing Procedure, if any part of this Section is deemed invalid, unenforceable, or illegal, then the balance of this Section shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, either or both of the class action and class arbitration waiver in Sub-Section C, and the Mass Filing Procedure is found invalid, unenforceable or illegal, then the remainder of this Section and this paragraph shall be null and void, but the rest of these Terms of Use, including the provisions governing in which court actions against the NASCAR Parties must be pursued and the choice of governing law will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

K. Court Proceedings. If a court issues a decision precluding or refusing to compel arbitration of any Dispute, the Dispute must be brought in the state or federal courts located in Volusia County, State of Florida, unless otherwise mandated by law to be filed in another state or federal court. For Disputes deemed not to be subject to arbitration, neither you nor the NASCAR Parties shall be precluded from participating in a class-wide settlement of those claims if brought by another NASCARKIDS.COM user or third party. If a Dispute is within the jurisdiction of small claims court, either the User or the NASCAR Parties may (after engaging in the MDR procedure) choose to take the Dispute to small claims court in Volusia County, State of Florida, unless mandated otherwise by a court of law.

CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you will not sue the NASCAR Parties as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any class, consolidated, or representative proceeding (existing or future) brought by any third-party against the NASCAR Parties.

You and the NASCAR Parties also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and the NASCAR Parties, including in arbitration and in state or federal court. Therefore: YOU AND the NASCAR Parties MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF.

The terms of this provision will also apply to any claims asserted by you against any past, present or future parent or affiliated company of the NASCAR Parties, person or entity for whose actions the NASCAR Parties could be liable, or any person or entity involved in creating, producing or distributing NASCARKIDS.COM, including, without limitation, third-party content providers, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of NASCARKIDS.COM, and/or the provision of content, services, and/or technology on or through NASCARKIDS.COM.

MISCELLANEOUS.

These Terms of Use, including the Privacy Policy, and any operating rules for NASCARKIDS.COM established by the NASCAR Parties, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of the NASCAR Parties, present or future parent or affiliated companies of the NASCAR Parties, and any person or entity involved in creating, producing or distributing NASCARKIDS.COM, including, without limitation, third-party content providers, vendors and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access NASCARKIDS.COM, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used in this text are for convenience only and shall not be given any legal import.

Neither the NASCAR Parties nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Waiver and Severability of Terms. The failure of NASCAR to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.

NOTICE OF INFRINGEMENT OF COPYRIGHT.

The NASCAR Parties respect the rights of all copyright holders and in this regard, the NASCAR Parties have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the NASCAR Parties’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact: [email protected]

INTERPRETATION.

For purposes of this Agreement, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive (e.g., for a list of two alternatives, “or” means either of those alternatives or both alternatives); (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa.

NASCAR
Copyright Agent – Legal Department
One Daytona Boulevard
Daytona Beach, Florida
Email: [email protected]