Thanks for using our products and services ("Services"). The Services are provided by Kinaye MotorSports ("KMS") via
KinayeMS.Com ("Sites"), PO Box 2425, Redmond, WA, Washington 98073, United States. By using our Services, you
are agreeing to these terms. Please read them carefully.
BY USING OUR SITES AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT
AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR
AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES AND ANY AFFILIATE SITES
FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH
SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions may
apply to the purchase of products, such as shipping and return policies. By using the Sites,
you agree to such terms and conditions.
Using our Services
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other
than the interface and the instructions that we provide. You may use our Services only as permitted by law, including
applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you
if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you
access. You may not use content from our Services unless you obtain permission from its owner or are otherwise
permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove,
obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not KMS's. This content is the sole responsibility of the entity that makes
it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or
refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily
mean that we review content, so please don't assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other
information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents
you from obeying traffic or safety laws.
Copyright and Ownership
All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, images,
moving images, sound, and illustrations ("Content"), is owned by KMS, its licensors, vendors, agents and/or its Content
providers. All elements of the Sites, including without limitation the general design and the Content, are protected by
trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services
and the Sites may only be used for the intended purpose for which such Sites and Services are being made available.
Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted
material that is available on the Sites. You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Sites and Services. The Sites, its Content and all related rights
shall remain the exclusive property of KMS or its licensors unless otherwise expressly agreed.
Your KMS Account
You may need a KMS Account in order to use some of our Services. You may create your own KMS Account, or your KMS Account
may be assigned to you by an administrator, such as your employer or educational institution. If you are using a KMS Account
assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access
or disable your account.
To protect your KMS Account, keep your password confidential. You are responsible for the activity that happens on or through
your KMS Account. Try not to reuse your KMS Account password on third-party applications.
KMS's privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using
our Services, you agree that KMS can use such data in accordance with our privacy policies.
Your Content in our Services
When you upload, submit, store, send or receive content to or through our Services, you give KMS (and those we work with)
a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations,
adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly
perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose
of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop
using our Services (for example, for a business listing you have added to our directory).
If you have a KMS Account, we may display your User name. You can find more information about how KMS uses and stores
content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about
our Services, we may use your feedback or suggestions without obligation to you.
Right to Takedown Content
Users shall remain solely responsible for the content of their messages and KMS shall have no obligation to prescreen
any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material
submitted to or posted on the Sites at any time without notice. Without limiting the foregoing, we shall have the right to
remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional
right to deny any user who fails to conform to any provision of these Terms of Use access to the Sites.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may
suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go. KMS may also stop providing Services
to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where
reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them.
But there are certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER KMS NOR ITS PARTNERS MAKE ANY SPECIFIC PROMISES
ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS
OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, KMS, AND KMS'S PARTNERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL
LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KMS, AND ITS PARTNERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING
FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE,
TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, KMS, AND ITS PARTNERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify
KMS and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use
of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits,
judgments, litigation costs and attorneys' fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or
changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on
this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively
and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions
for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms
for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between KMS and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any
rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Washington, U.S.A., excluding Washington's conflict of laws rules, will apply to any disputes arising out of
or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be
resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims
qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in
arbitration, and court review of an arbitration award is limited.
Copyright Notice
All Site design, graphics, text selections, arrangements, and all software are
Copyright © 2022, Kinaye MotorSports or its licensors. ALL RIGHTS RESERVED.