Website Terms of Use
Agreement between user and www.bandimere.com
Welcome to www.bandimere.com. The www.bandimere.com website (the "Site") is comprised of various web pages operated by Bandimere Speedway ("Bandimere Speedway"). www.bandimere.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.bandimere.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of www.bandimere.com is subject to Bandimere Speedway's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.bandimere.com or sending emails to Bandimere Speedway constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Bandimere Speedway does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.bandimere.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.bandimere.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bandimere Speedway and Bandimere Speedway is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bandimere Speedway is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bandimere Speedway of the site or any association with its operators.
Certain services made available via www.bandimere.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.bandimere.com domain, you hereby acknowledge and consent that Bandimere Speedway may share such information and data with any third party with whom Bandimere Speedway has a contractual relationship to provide the requested product, service or functionality on behalf of www.bandimere.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.bandimere.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bandimere Speedway that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bandimere Speedway or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bandimere Speedway content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bandimere Speedway and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bandimere Speedway or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Bandimere Speedway account to third party accounts. By connecting your Bandimere Speedway account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Bandimere Speedway from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bandimere Speedway Content accessed through www.bandimere.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Bandimere Speedway, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Bandimere Speedway reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bandimere Speedway in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BANDIMERE SPEEDWAY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BANDIMERE SPEEDWAY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BANDIMERE SPEEDWAY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANDIMERE SPEEDWAY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BANDIMERE SPEEDWAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Bandimere Speedway reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bandimere Speedway as a result of this agreement or use of the Site. Bandimere Speedway's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bandimere Speedway's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bandimere Speedway with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bandimere Speedway with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bandimere Speedway with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Bandimere Speedway reserves the right, in its sole discretion, to change the Terms under which www.bandimere.com is offered. The most current version of the Terms will supersede all previous versions. Bandimere Speedway encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Bandimere Speedway welcomes your questions or comments regarding the Terms:
Bandimere Speedway
3051 S. Rooney Rd.
Morrison, CO 80465
Privacy Statement
General
You can visit and enjoy our Website without disclosing any personal information about yourself. However, we offer some special services, and for these services to work properly we will need you to share with us certain personal information about yourself. If you submit any personal information to us, you can be assured that we will not sell, lease, or share your personal information with or to anyone else, except as follows: (1) to our third party service providers, and only so that they may help us provide the services you've requested; (2) to one or more of our tenants, to the extent that you've submitted information that relates specifically to them (e.g., you've asked to receive the newsletter of one or more tenant via email; or you've purchased tenant-specific merchandise from the store), so that they may learn more about fans like you, and provide better services to you; and (3) on occasion, we may offer a special promotion (such as a sweepstakes, contest, fantasy event or a free subscription to goods and services) on the Website in conjunction with a sponsor or promotional partner, and share your information with that sponsor or promotional partner so that it can send you other special promotions it offers, but only if you give us permission to do so.
Special Offers and Promotions.
With your permission, we may also send you e-mails with special offers and promotions.
Cookies.
To help us serve you better, we collect information that does not identify you personally, but rather identifies your computer or browser. This is done by using little files called "cookies" and by tracking IP addresses. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a Website's computers and stored on your computer's hard drive. Cookies operate in the background, and you can turn them off if you wish, but doing so may impair your ability to use some of the features on our Website. We may use cookies to make our Website work better by, for example, keeping track of your login name, password and, if you want to buy things while on our Website, your "shopping cart."
We may also allow other companies that are presenting advertisements or providing services on our pages to set and access cookies on your computer. Those companies' use of cookies will be covered by their own privacy policies, not ours.
If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to accept or reject cookies. If you set your browser not to accept cookies, you may not be able to take advantage of certain services on our Website.
We may also use IP addresses to analyze trends, help us administer the Website, track the movement of visitors, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information that can identify you or another individual person. Therefore, no personal information is disclosed in this manner.
Business Transfers.
As time passes, Bandimere Speedway or Tickets West may be sold along with its assets, or other transactions may occur in which customer information is one of the business assets transferred. In such a case, the customer information that we have gathered may be one of the business assets we transfer.
Disclosure for Legal Purposes.
The law requires that we may be required to share your personal information and non-personal information (see "Cookies" section above for examples of non-personal information) pursuant to judicial or governmental subpoenas, warrants or orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we reserve the right to use and disclose share your personal and non-personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Website's Terms of Use, or as otherwise required by law.
Our Security Practices
Your preferences are password protected for your privacy and security. In certain areas, we use industry-standard SSL encryption to protect data transmissions.
How You Can Review Your Personal Information
If you want to review your personal information, you can revise your preferences. Your preferences include your shipping, payment, credit card and account information, as well as whether you want to receive communications from us.
If you want to close your account with us and have us delete the personal information in it, you should contact our Privacy Administrator.
Choice
Our registration and order forms contain a box for you to indicate whether or not you consent to receive special offers and promotions from us. Unless you give us your consent to use your personal information for these purposes, our partners and we will only use it to complete the transaction or provide the service or product you have requested.
Links
Our Website contains links to other websites operated by unrelated third parties. Please note that we are not responsible for the privacy practices of third party websites. We encourage you to be aware of this when your leave our Website and to read the privacy policies of every website that collects personally identifiable information from you. The Privacy Policy applies only to this Website.
Contact Us
If you have questions or concerns about this Privacy Policy, you can contact us at:
Bandimere Speedway
3051 S. Rooney Rd.
Morrison, CO 80465
303-697-6001
Notification of Changes
If we decide to make an important change to our Privacy Policy, we will post a notification and link on our homepage so that you can review the updated policy. If at any point we wish to use your personal information in a manner different from that stated at the time it was collected, we will notify you by means of an e-mail and give you the opportunity to indicate whether you consent to the proposed use.