Terms of Service

Please carefully read these terms and conditions of use (these “Terms of Service”) before using Stampedetrackclub.com (the “Website”). Your access to and use of the Website is subject to these Terms of Service (including the Privacy Policy of the Website) and all applicable laws. By accessing and using this Website, you signify your assent to these Terms of Service. These Terms of Service may be amended or modified at the sole discretion of Stampede Track Club, Inc. (“Stampede”), or new conditions may be imposed, at any time with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Service periodically for changes. Your continued use of the Website following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service, please do not use the Website.

  1. OWNERSHIP AND USE RESTRICTIONS

    2. The Website is owned and operated by Stampede. Stampede and its operators, members, teams, affiliates, employees, volunteers, directors, and officers shall be collectively referred to herein as the “Operators.”

    The content and materials contained or distributed within the Website (including, without limitation, video, audio, photos, text, images, statistics, news, contests, fantasy competitions, message features, merchandise, narratives, blog submissions, performance-related data, training-related data, competition-related data, athlete profile-related data, data related to Stampede or its programs & initiatives, logos and all copyrights and intellectual property related to the Website, Stampede, Stampede’s sponsors, licensees and other affiliates) (the “Content”) are either owned by, or licensed to, Stampede. The Content from the Website may not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the express written

    permission of Stampede. The Operators maintain this Website for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Website to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, however, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any Content from the Website for public or commercial purposes on any other webWebsite or otherwise without the express written permission of Stampede.

    Modification of any Content on the Website in any manner is a violation of the applicable owner’s (or owners’) copyright and other proprietary rights.

    The wordmarks and logos of Stampede, Stampede special events and the Website are the exclusive property of Stampede. All other word marks and logos (each, a “Trademark” and, collectively, the “Trademarks”) appearing on the Website are Trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Website, or any other Content on the Website, except as provided in these Terms of Service, is strictly prohibited.

    Images of people or places displayed on the Website are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of Content displayed on the Website will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators.

  2. REGISTRATION FOR USE OF CERTAIN FEATURES

    3. In order to access certain features of the Website, you may be required to register with Stampede by providing certain personally identifiable information about yourself, including your name and e-mail address. In consideration for our granting you access to these features of the Website, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for our provision of, and/or your registration for the use of, those features of the Website, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Stampede has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, the Operators have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Website. For information concerning how such information is collected and used, please see our Privacy Policy at http://www.stampedetrackclub.com/termsofuse.

    You may be asked to select a screen name (“Screen Name”) for identification purposes. You must not use any Screen Name that violates any term of Sections 3(i)-(ix) below, or any other operating term set forth by the Operators. You may also receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section 2.

  3. MESSAGE FEATURES

The Website may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, blogs, photos and video submissions (each a “Message Feature” and, collectively, the “Message Features”). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of the Website. You must use the Message Features in a responsible manner. By entering the Website, you expressly agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that:

  1. imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Website;
  2. is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
  3. constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
  4. violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
  5. contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
  6. contains any information, software or other material of a commercial nature;
  7. contains advertising, promotions or commercial solicitations of any kind;
  8. constitutes or contains false or misleading indications of origin or statements of fact; or
  9. contains material irrelevant to the subject matter of the Message Feature.

The Operators and any other party authorized by Stampede (the “Other Authorized Vendors”) shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature or any Screen Name that:

  1. violates any term of these Terms of Service; and/or
  2. is otherwise illegal, offensive or inappropriate. The decision regarding whether a Message or Screen Name is offensive or inappropriate shall be within the sole discretion of the Operators. Depending on the nature of the violation, the Operators shall have the sole discretion to terminate your access to the Website at any time. Please be advised that the Operators and the Other Authorized Vendors will fully cooperate with any law enforcement authorities or court order requesting or directing the Operators or the Other Authorized Vendors to disclose personal information of anyone who submits a Message or Screen Name that violates the foregoing terms in accordance with the Privacy Policy of the Website. Although the Operators or the Other Authorized Vendors may from time to time monitor or review Messages or Screen Names submitted on the Website, the Operators and the Other Authorized Vendors are under no obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any Screen Name does not constitute approval or endorsement by the Operators or the Other Authorized Vendors. You acknowledge that neither the Operators nor the Other Authorized Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Website.

Messages submitted to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, and Screen Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or Screen Name to the Website, you acknowledge that any information disclosed by you therein

  1. may be used by any third party;
  2. is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto;
  3. creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators or the Other Authorized Vendors other than as expressly set forth in these Terms of Service; and
  4. is subject to the grant of Rights to the Operators and the Other Authorized Vendors described in paragraph 4 below.
  • SUBMISSIONS
    1. Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Website, including, without limitation, information, ideas, artwork, music, photos, video footage or other materials. It is our practice to post notices on the Website regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operators of the Rights described above.
    2. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Website and STAMPEDE, it is STAMPEDE’s policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by STAMPEDE or the other Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Website or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future STAMPEDE or other Operator designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operators. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.

    • By transmitting any Message or Screen Name (see paragraph 3 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a “Submission” and, collectively, “Submissions”), you are granting the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you on or to the Website will be owned exclusively by STAMPEDE or the other Operators and may be used by STAMPEDE or the other Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of STAMPEDE or the other Operators. STAMPEDE and the other Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.

  • TERMS OF SALE. SALES FROM THE OFFICIAL STORE (“STORE”) AND OTHER SERVICES OFFERED ON THE WEBSITE (COLLECTIVELY, THE “SERVICES”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
    • If an item’s correct price is lower than our stated price, our Operators or Other Authorized Vendors will charge the lower amount and ship you the item.
    • If an item’s correct price is higher than our stated price, our Operators or Other Authorized Vendors will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
    • SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
    • SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.

    • Areas on the Website allow you to order goods and/or services supplied by Stampede and/or Other Authorized Vendors.

    By purchasing any Merchandise or Services on the Website, you acknowledge and agree that your credit card is being charged by Stampede’s authorized payment processor. For purposes of these Terms of Service, such payment processor is also referred to as an Other Authorized Vendor.

    ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE WEBSITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. THE OPERATORS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY THE OTHER AUTHORIZED VENDORS AND/OR STAMPEDE, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE,TICKETS OR SERVICES.

    The Operators reserve the right to modify the price of any Merchandise or Services and substitute any merchandise or services of similar value for any current Merchandise or Services. The Operators are not responsible for any error in copy or images relating to Merchandise or Services. In order to purchase Merchandise or Services on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website’s Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise or Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. The Operators or Other Authorized Vendors may bill your credit card at the time Services are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. The Operators may in their sole discretion decline service to or terminate any account. None of STAMPEDE, the Other Authorized Vendors nor the Operators is responsible for and must not be held liable for any breaches in transaction security by any third party. Questions relating to the Store, Merchandise and its fulfillment should be directed to the Operators either by e-mail to Store@stampedetrackclub.com.

    With respect to Merchandise offered and/or sold via the Store, we cannot confirm the price of an item until you order; however, neither the Operators nor the Other Authorized Vendors charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in our Store may be mispriced. If we discover a mispricing, we will do one of the following:

    With respect to the sale of certain Merchandise to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2006):

    With respect to the sale of certain Merchandise on the Website, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):

  • VOTES

    • The Website may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special terms and voting guidelines set forth on the Website applicable to that event as well as in these Terms of Service.

  • LINKS
    1. On-line, cable, wireless or other Websites, services, browsers or other resources created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a “Commercial Website” and, collectively, “Commercial Websites”) may not link to Stampedetrackclub.com without the written permission of STAMPEDE, even if the page/area where the link originates does not promote a product, brand or service.
    2. Websites, services, browsers and other resources other than Commercial Websites (e.g., fan Websites, chamber of commerce Websites, search engine sites, widely available Internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Sites”) may link to Stampedetrackclub.com without the express written permission of STAMPEDE if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “Stampedetrackclub.com,” “The Official Website of Stampede Track Club”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
    3. No logo of the Stampede Track Club (a “logo” link) may be used to link to Stampedetrackclub.com without the express written permission of Stampede.
    4. No link to the Website may be “framed” by the Permissible Website where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
    5. All links to the Website from a Permissible Website must be to the Website’s home page. Links to internal pages within the Website (e.g., an athlete’s profile, etc.) are not permitted.
    6. Links to and from the Website from or to other Websites maintained by third parties do not constitute an endorsement by STAMPEDE or the other Operators of any third party Website or content. The Operators are not responsible for the availability of these third party resources or their contents. The Operators have not reviewed any or all of the Websites linked to the Website and are not responsible for the content of any off-Website pages or any other Websites linked to the Website. Your linking to the Website, off-Website pages or other Websites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Website has no control over, and makes no representations of any kind with respect to, such other Websites or any content contained within such other Websites, and you hereby revoke any claim against the Operators with respect to such other Websites. You should direct any concerns regarding any external link to its Website administrator or Webmaster.
      The posting or creation of any link to the Website signifies that you have read these Linkage Restrictions and agree to abide by their terms.

    • The following restrictions (“Linkage Restrictions”) apply to all links to or from the Website from or to any on-line, cable, wireless or other Website, service, browser or other resource:

  • DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

    • While the Operators use reasonable efforts to include accurate and up to date information in the Website, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the Content of the Website. The Operators make no representation that the Content contained in the Website is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Website, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

    THE CONTENT IN THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE WEBSITE AT YOUR SOLE RISK.

    UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE WEBSITE, OR THE USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS WEBSITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS WEBSITE, IF ANY.

    Your correspondence or business dealings with, or participation in promotions of, advertisers and Other Authorized Vendors found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be 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 such advertisers or Other Authorized Vendors on the Website or in connection with the Website. All of your business dealings with Other Authorized Vendors and advertisers appearing on or through the Website shall be at your sole risk.

  • NOTICE

    • The Operators may give notice to users of the Website by means of a general notice on the Website, electronic mail to a user’s e-mail address if on record, or by written communication sent by first class mail to a user’s address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:

    1. Electronic mail to notice@stampedetrackclub.com.
    2. Letter delivered by first class postage prepaid mail or courier to the following address;

    Stampede Track Club
    11700 Preston Road
    Suite 600-160
    Dallas, TX 75230
    Attn: Website Notice

    1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
      1. a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works;
      3. 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 the service provider to locate the material;
      4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
      5. 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
      6. 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.

      2. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), STAMPEDE has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Website (the “Designated Agent”). All such notifications relating to the Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:

      Stampede Track Club
      11700 Preston Road
      Suite 600-160
      Dallas, TX 75230
      Attn: Dig Mill Act Notice

      To be effective, the notification must be a written communication that includes the following:

    2. INDEMNIFICATION

      3. You hereby agree to indemnify and hold Stampede Track Club, Inc., and its members, operators, directors, officers, employees, volunteers, agents, affiliates and representatives harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Website, including, without limitation, use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Service.

    3. TERMINATION OF SERVICE

      4. The Operators may, in its sole discretion, change, suspend or discontinue any aspect of the Website at any time with or without notice, including the availability of any Website feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Website, or the entire Website, with or without notice, and without liability, at any time, in the Operators’ exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Website or conduct which the Operators believe is harmful to other customers or visitors, to the Operators’ respective businesses, or to other information providers. Upon any termination of this agreement, you immediately discontinue your use of the Website and destroy all materials obtained from it.

    4. SOFTWARE

      5. Software and other materials from this Website may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States Export Laws.

    5. CHOICE OF LAW

      6. These Terms of Service shall be construed and controlled by the laws of the State of Texas, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Website will be governed by the laws of the State of Texas, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Website shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of Dallas, State of Texas, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms of Service.

    6. MISCELLANEOUS

      7. These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience of reference only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

    7. Acceptance of Terms of Use

    By using the Website, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Website. The Operators may change these Terms of Service at any time and in any manner, and your use of the Website after such changes are posted shall be deemed to indicate your acceptance thereto.

    FIND STAMPEDE TRACK ON