IRACING.COM

TERMS OF USE AND END USER LICENSE AGREEMENT

Last modified September 27, 2008

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IRACING.COM MOTORSPORT SIMULATIONS, LLC (“iRacing”). YOU SHOULD CAREFULLY READ THIS AGREEMENT, INCLUDING THE IRACING.COM PRIVACY POLICY(the "Privacy Policy") AND FIRST OFFICIAL SPORTING CODE (the "Sporting Code"), BOTH OF WHICH ARE INCORPORATED INTO AND A PART OF THIS AGREEMENT. IF YOU AGREE WITH THIS AGREEMENT PLEASE CLICK "ACCEPT" AT THE BOTTOM OF THE AGREEMENT.

Welcome to the iRacing.com motorsport simulation experience (the "Sim"). The Sim includes three components: (a) iRacing.com's proprietary iRacing.com online service (the "Service"), (b) the client software program for the Service (including any "patches," updates, or the like supplied to you by iRacing) along with any accompanying materials or documentation, and all copies and derivative works of the foregoing (collectively, the "Sim Client"), and (c) additional content that is not part of the Sim Client, including additional tracks and cars (collectively, the "Content").

All use of the Sim is governed by this Agreement (including any future revisions of this Agreement). Any use of the Sim not in accordance with this Agreement is expressly prohibited.

1. Eligibility. In order to register for the Service, you must be an adult according to the laws of the jurisdiction (i.e. state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the Service you must have a parent or guardian register for the Service on your behalf. By registering for the Service, you are making a representation to iRacing that you are an adult in the jurisdiction in which you reside and that you agree to this Agreement on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create to use the Service. In any event, the Service is not designed for minors under the age of 13, so minors under the age of 13 are not permitted to use the Service.

2. Grant of a Limited Use License. If you agree to this Agreement, the Sim Client will be installed onto your hardware. If your hardware meets the minimum requirements, the installation of the Sim Client will enable you to use the Sim by accessing your account with the Service (your "Account"). Subject to your agreement to and continuing compliance with this Agreement, iRacing.com hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable license to (a) install the Sim Client and the Content on up to two computers owned by you or under your legitimate control (for example, your desktop computer and your laptop) at any one time, and (b) use the Sim Client and the Content solely in conjunction with the Sim for your personal, non-commercial entertainment, training and educational purposes only. You are permitted to transfer the Sim Client to another computer owned by you or under your legitimate control, provided you remove the Sim Client from the original computer. Without limiting the foregoing, the license granted to you is subject to your compliance with the restrictions of use and obligations contained in Section 5. In addition, as further explained in Section 7.3, your right to use certain Content may be for a limited duration or may be terminated by iRacing.com.

3. Ownership.

3.1. All rights and title in and to the Sim, including the Service, the Sim Client and the Content (including any user accounts, titles, computer code, tracks, cars, objects, locations, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Sim Client, recordings of races) are owned by iRacing.com or its licensors and are protected by United States and international laws. The Sim may contain certain licensed materials, and iRacing.com's licensors may enforce their rights in the event of any violation of this Agreement. For clarity, Content is licensed to you; you will not obtain any ownership interest in any of the Content.

3.2. Without limiting any of the foregoing, you acknowledge and agree that you have no ownership or other property interest in the Account, or any other attributes associated with the Account or stored on the Service, and you further acknowledge and agree that all rights in and to the Account are and will forever be owned by and inure to the benefit of iRacing.com. iRacing.com does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt will be null and void.

3.3. Without limiting any of the foregoing, iRacing.com owns, has licensed, or otherwise has rights to all of the content that appears in the Sim, including the Content. You agree that you have no right or title in or to any such content. iRacing.com does not recognize any virtual property transfers executed outside of the Sim or the purported sale, gift or trade in the "real world" of anything related to the Sim. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Sim.

3.4. Information and materials submitted to iRacing.com, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of iRacing.com (collectively, "Feedback"), will be considered non-confidential and non-proprietary with regard to you, but iRacing.com reserves the right to treat any such Feedback as the confidential information of iRacing.com. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting Feedback to iRacing.com, you assign to iRacing.com and its parent, subsidiaries, and affiliates, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. iRacing.com will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, marketing and selling products and services using such Feedback, without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

4. Establishing an Account.

4.1. To establish an Account, you will be required to provide iRacing.com with certain personal information. Your failure to supply accurate information to iRacing.com when requested, or to update that information as it changes, may result in an interruption or cancellation of service. You agree that we may handle your personal information as described in our Privacy Policy. In particular (but without limitation), you acknowledge that, except in extraordinary circumstances as agreed to by iRacing in its sole discretion, YOUR REAL NAME (or a variation of your name, such as your name followed by a numeral) WILL BE DISPLAYED TO OTHER USERS OF THE SERVICE, AND YOU HEREBY CONSENT TO SUCH DISPLAY. THIS INCLUDES DISPLAY OF YOUR NAME WITH RESPECT TO ANY DISCIPLINARY ACTIONS TAKEN AGAINST YOU AS FURTHER DESCRIBED IN THE SPORTING CODE. The purpose of displaying members' real names is to create accountability to discourage members from engaging in disruptive activity. IF YOU ARE AUTHORIZING A MINOR CHILD TO USE THE SERVICE, YOU MUST NOT PROVIDE TO IRACING.COM ANY PERSONAL INFORMATION ABOUT SUCH CHILD.

4.2. During the registration process, you will also be required to select a password that is unique to your Account. You may not share the Account or your password with anyone except as expressly permitted under this Agreement. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all uses of your password, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of your password, you must immediately notify iRacing.com by emailing support@iracing.com.

4.3. You acknowledge that unless you request otherwise in your "My Account" section of the iRacing member website by clicking on the box to not automatically renew, your subscription will automatically renew at the end of your subscription period and you will be charged for the renewal fee.

5. Limitations on Your Use of the Service; Your Responsibilities.

5.1. You agree that you will not (a) modify or cause to be modified any files that are a part of the Sim, including the Service, the Sim Client or the Content; (b) copy, photocopy or reproduce the Sim (except as expressly permitted in this Agreement), (c) translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Sim, or remove any proprietary notices or labels on the Sim; (d) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the iRacing.com experience; or (e) use any third-party software that intercepts, "mines", or otherwise collects information from or through the Sim Client or the Service. Notwithstanding the foregoing, you may update the Sim Client with authorized patches and updates distributed by iRacing.com. Failure to comply with the restrictions and limitations contained in this section will result in the immediate, automatic termination of the Service and license granted hereunder and may subject you to liability. Notwithstanding the foregoing, you may make one (1) copy of the Sim Client for archival purposes only and make copies of user guides for the Sim for personal reference purposes only.

5.2. Without limiting the foregoing, iRacing.com reserves the exclusive right to create derivative works based on the Sim, including the Service, the Sim Client and the Content. You may not create derivative works based on the Sim without iRacing.com's prior written consent.

5.3. You may not exploit the Sim or any of its parts, including the Service, the Sim Client and the Content, for any commercial purpose, including use or display to others at a race track, car show, convention, arcade, computer gaming center or any other location-based site, without the express written consent of iRacing.com. You may not rent, lease or license or otherwise provide access to the Sim to any other.

5.4. Only iRacing.com or its licensees have the right to host the Sim. You may not host, provide or develop matchmaking services for the Sim, or intercept, emulate or redirect the proprietary communication protocols used by iRacing.com in any way, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, tunneling, reverse engineering, modifying the Sim Client, adding unauthorized components to the Sim Client, or using a packet sniffer while the Sim Client is running. All connections to the Sim, whether created by the Sim Client or by other tools and utilities, may only be made through methods and means expressly approved by iRacing.com. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Sim's proprietary interface other than those expressly provided by iRacing.com for personal, non-commercial use.

5.5. You may not disrupt or assist in the disruption of (a) any computer used to support the Service; or (b) any other member's Sim experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. iRacing.com, in its sole discretion, reserves the right to review on-track collisions and interpret all available data and images to determine fault and/or blame in an effort to determine if any such collision was an attempt to purposefully disrupt the Service or compromise the experience of any other member. You agree that you will not violate any applicable law or regulation in connection with your use of the Sim.

6. Your Information.

6.1. Definition. "Your Information" is defined as any information you provide to iRacing.com or other users in the registration or transaction process, in any public message area (including the iRacing World area), through any email feature or through any other feature of the Sim or the Service. You are solely responsible for Your Information, and iRacing.com merely acts as a passive conduit for your online distribution and publication of Your Information.

6.2. Restricted Activities. Your Information may not:

• (a) be false, inaccurate or misleading, including without limitation any misrepresentation of your identity, your age or your affiliation with any person or entity;


• (b) be fraudulent or involve the impersonation of any person or entity;


• (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;


• (d) include any private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;


• (e) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, false advertising or obscenity);


• (f) be defamatory, trade libelous, harmful, threatening, unlawful, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;


• (g) be obscene or contain child pornography;


• (h) intimidate or harass another;


• (i) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;


• (j) involve the posting, transmission, sharing or otherwise making available of any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or


• (k) create liability for iRacing.com or iRacing.com's representatives or cause iRacing.com to lose (in whole or in part) the services of iRacing.com's ISPs or other suppliers; or

6.3. License. Solely to enable iRacing.com to use the information you supply iRacing.com, so that iRacing.com is not violating any rights you might have in that information, you agree to grant iRacing.com, and hereby do grant iRacing.com, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable (through multiple tiers), and transferable right to exercise all rights you have in Your Information (including without limitation copyright and publicity rights), in any media now known or not currently known.

6.4. Removal of Your Information. You understand and agree that iRacing.com may, but are is obligated to, review the Sim or the Service and may in iRacing.com's sole discretion delete or remove (without notice) any of Your Information, for any reason or no reason, including Your Information that in iRacing.com's sole judgment violates this Agreement or the Sporting Code or any other codes of conduct that iRacing.com may post from time to time, each of which are incorporated into and a part of this Agreement. You are solely responsible at your sole cost and expense for creating backup copies and replacing any of Your Information you post or store on the Sim or the Service or provide to iRacing.com.

7. Information Control. We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Sim. Also, although iRacing.com uses techniques to verify the age of our users when they register on the Sim, because user verification on the Internet is difficult, iRacing.com cannot and does not confirm each user's age with absolute certainty. So you should be aware that there are also risks of dealing with underage persons. Additionally, there may also be risks of dealing with people acting under false pretenses and dealing with international trade and foreign nationals. By using the Sim, you agree to accept such risks and that iRacing.com is not responsible for the acts or omissions of users of the Sim.

8. Sporting Code. Your use of the Sim is governed by the Sporting Code, maintained and enforced exclusively by FIRST, the global sanctioning body for internet racing conducted through and by iRacing.com. The Sporting Code must be adhered to by all users of the Sim. Among other things, the Sporting Code contains a code of conduct, provides that once a final appeal is exhausted all FIRST determinations are final, and further provides that you agree not to bring any action, claim or suit against iRacing.com with respect to any FIRST determinations. It is your responsibility to carefully review, know, understand and abide by this Sporting Code. The Sporting Code is incorporated into and a part of this Agreement. This means that as a condition to using the Sim, you agree to be bound to all of the rules, terms and conditions contained in the Sporting Code. The rules contained in the Sporting Code are not meant to be exhaustive, and iRacing.com reserves the right to determine which conduct it considers to be outside the spirit of the rules and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. iRacing.com reserves the right to modify the Sporting Code at any time.

9. iRacing.com's Absolute Right to Suspend, Terminate and/or Delete the Account.

9.1. IRACING.COM MAY SUSPEND, TERMINATE, OR DELETE YOUR ACCOUNT AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Agreement.

9.2. You may cancel your membership by selecting "Cancel Membership" under the "My Account" section of the iRacing.com member website. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased access to the Sim. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of your Account. However, if you voluntarily cancel your membership, the termination of your Account will not occur until the end of the subscription period for which you have paid, and you will be able to continue using the Sim until such time.

9.3. iRacing.com may place limits on the amount of time certain Content may be used with the Service or it may terminate users' rights to use certain Content with the Service. For example, if iRacing.com is no longer authorized by the owner of a track to license the use of the track with the Service, users will no longer have the rights to use the track with the Service. However, even if you are no longer permitted to use certain Content with the Service, you may continue to use the Content with the Sim Client on your local computer, unless you are otherwise notified by iRacing.com or your Account is terminated or deleted due to your violation of this Agreement.

9.4. Upon any termination or deletion of your Account due to your violation of this Agreement, any rights granted to you under this Agreement will automatically and immediately terminate. In such event, you must immediately and permanently destroy all copies of the Sim Client (including any user guides) and Content in your possession and control and remove the Sim Client and Content from your hard drive.

9.5. If your Account is terminated or deleted for any reason other than your violation of this Agreement, you will no longer be able to use the Service, but you may continue to use the Sim Client subject to the terms and conditions contained in this Agreement.

10. Warranty Disclaimer. THE SIM (INCLUDING THE SERVICE, THE SIM CLIENT AND THE CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITATION, IRACING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

11. Limitation of Liability. NEITHER IRACING.COM NOR ITS AFFILIATES OR LICENSORS, NOR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE SIM (INCLUDING THE SERVICE, THE SIM CLIENT, OR THE CONTENT) OR THE USE THEREOF. IN NO EVENT WILL ANY OF SUCH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. If, notwithstanding the foregoing exclusions, it is determined that iRacing.com is liable for damages, in no event will iRacing.com's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to iRacing.com during the six (6) months prior to the time such claim arose. You hereby agree to defend, indemnify and hold iRacing.com harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by iRacing.com arising out of or from your use of the Sim. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

12. Export Controls. The Sim is subject to U.S. export controls and may not be re-exported, downloaded or otherwise exported without a license or into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Force Majeure. Without limitation to any other term of this Agreement, iRacing.com will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of iRacing.com, including any failure to perform hereunder due to unforeseen circumstances or cause beyond iRacing.com's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14. Acknowledgments. You hereby acknowledge and agree to the following:

14.1. WHEN RUNNING, THE SIM MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SIM. AN "UNAUTHORIZED THIRD PARTY PROGRAM" MEANS ANY THIRD PARTY SOFTWARE, INCLUDING ANY "ADDON", "MOD", "HACK", "TRAINER", OR "CHEAT", THAT IN IRACING.COM'S SOLE DETERMINATION: (a) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (b) ALLOWS USERS TO MODIFY OR HACK THE SIM INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY IRACING.COM; OR (c) INTERCEPTS, "MINES", OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SIM. IN THE EVENT THAT THE SIM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE SIM MAY COMMUNICATE INFORMATION BACK TO IRACING.COM, INCLUDING YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED.

14.2. WHEN THE SIM IS RUNNING, IRACING.COM MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S). YOU HEREBY CONSENT TO IRACING.COM'S USE OF SUCH INFORMATION FOR THE PURPOSES OF IMPROVING THE SIM AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.

14.3. iRacing.com may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. iRacing.com may use or disclose your personal information if iRacing.com believes that doing so may protect your safety or the safety of others.

14.4. IRACING.COM MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE SIM AND YOU CONSENT TO SUCH MONITORING OR LOGGING.

14.5. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to any computer used to support the Service.

14.6. iRacing.com may deploy or provide patches, updates and modifications to the Sim that must be installed for you to continue to use the Sim. You hereby grant to iRacing.com your consent to deploy and apply such patches, updates and modifications iRacing.com, including remotely updating the Sim Client residing on your machine.

14.7. iRacing Dollars and other similar credits issued by iRacing.com (collectively, "iRacing Dollars") are only valid for purchases made on the Sim. iRacing Dollars are not valid for purchases on the iRacing.com Gear Store. iRacing Dollars have no cash value. iRacing.com reserves the right to set expiration dates for iRacing Dollars.

14.8. RACING IS AN INHERENTLY DANGEROUS ACTIVITY. WITHOUT LIMITATION TO ANY OTHER PROVISION OF THIS AGREEMENT, YOU ASSUME ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE OR LIABILITY ARISING AS A RESULT OF YOUR ENGAGING IN RACING OR DRIVING, INCLUDING WITHOUT LIMITATION YOUR APPLICATION OF ANY METHOD, TECHNIQUE OR SKILL OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SIM. IRACING.COM WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IRACING.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND ADVISORS FROM AND AGAINST, ANY INJURY, DEATH, PROPERTY DAMAGE OR LIABILITY ARISING AS A RESULT OF YOUR ENGAGING IN RACING OR DRIVING.

14.9. SIMRACING CAN BE A PHYSICALLY DEMANDING AND STRESSFUL ACTIVITY. IF YOU HAVE ANY MEDICAL CONDITION THAT WOULD PUT YOU AT HIGHER RISK OF INJURY OR DEATH IF YOU PARTICIPATED IN REAL WORLD RACING, YOU SHOULD, BEFORE USING THE SIM, CONSULT WITH YOUR DOCTOR TO ENSURE THAT YOU CAN USE THE SIM SAFELY. YOU ASSUME ALL RISK OF INJURY OR DEATH AS A RESULT OF YOUR USE OF THE SIM.

15. Equitable Remedies. In the event that you breach this Agreement, you hereby agree that iRacing.com would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that iRacing.com will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as iRacing.com may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

16. Claims of Copyright Infringement. iRacing.com respects the intellectual property of others, and iRacing.com expects iRacing.com's users to do the same. iRacing.com may, in appropriate circumstances and at iRacing.com's discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to iRacing.com's Copyright Agent:

• (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;


• (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;


• (c) a description of where the material that you claim is infringing is located on the site;


• (d) your address, telephone number, and email address;


• (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and


• (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

iRacing.com's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

iRacing.com Motorsport Simulations, LLC
34 Crosby Drive
Bedford, MA 01730 USA
Attention: Copyright Agent

By email: copyright@iracing.com

17. Changes to this Agreement and the Sim. iRacing.com reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy and Sporting Code, which are incorporated into and a part of this Agreement) at any time, effective with or without prior notice; provided, however, that material changes (as determined in iRacing.com's sole and absolute discretion) will be disclosed as follows: iRacing.com will provide you with notification of any such changes by email, postal mail, website posting, pop-up screen, or in-service notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Sim and the Account. Your continued use of the Sim following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. iRacing.com may change, modify, suspend, or discontinue any aspect of the Sim at any time. iRacing.com may also impose limits on certain features or restrict your access to parts or all of the Sim without notice or liability.

18. Dispute Resolution and Governing Law.

18.1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and iRacing.com agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to iRacing. iRacing’s address for such notices is iRacing.com Motorsport Simulations, LLC, 34 Crosby Drive, Bedford, MA 01730 USA, Attention: Legal.

18.2. Binding Arbitration. If you and iRacing.com are unable to resolve a Dispute through informal negotiations, either you or iRacing.com may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. If you are a resident of the United States, the arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. If you reside outside the United States, You and iRacing.com agree that the expedited procedures of the AAA Rules will apply regardless of the amount in dispute. If you reside outside the United States, the arbitration will be commenced and conducted under the WIPO Expedited Arbitration Rules, which are available at the WIPO website www.wipo.int. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) or by the WIPO Expedited Arbitration Rules, as applicable. If such costs are determined by the arbitrator to be excessive, iRacing.com will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and iRacing.com may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

18.3. Exceptions to Alternative Dispute Resolution. You and iRacing.com agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or iRacing.com's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.

18.4. Restrictions. You and iRacing.com agree that any arbitration will be limited to the Dispute between iRacing.com and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

18.5. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. If you reside outside the United States, any arbitration will be initiated in Boston, Massachusetts, USA. You and iRacing agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Massachusetts state and Federal courts located in Boston, Massachusetts, USA have exclusive jurisdiction and you and iRacing.com agree to submit to the personal jurisdiction of such courts.

18.6. Governing Law. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the USA and the Commonwealth of Massachusetts, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

18.7. Severability. You and iRacing.com agree that if any portion of this Section 15 is found illegal or unenforceable (except any portion of Section 15.3), that portion will be severed and the remainder of the section will be given full force and effect. If Section 15.3 is found to be illegal or unenforceable, neither you nor iRacing.com will elect to arbitrate any Dispute falling within that portion of Section 15.3 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, USA, and you and iRacing.com agree to submit to the personal jurisdiction of that court.

19. Miscellaneous. If any provision of this Agreement is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement (including the Privacy Policy and Sporting Code, which are incorporated into and a part of this Agreement) is the complete and exclusive statement of the agreement between you and iRacing.com concerning its subject matter, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and iRacing.com. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and will not be read to have any legal effect. Whenever used in this Agreement, the word “including” will be deemed to mean “including, without limitation.”

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SIM AND/OR THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.

IRACING.COM MOTORSPORT SIMULATIONS, LLC

PRIVACY POLICY

Last modified September 4, 2008

This Privacy Policy details how iRacing.com Motorsport Simulations, LLC ("iRacing.com") safeguards the privacy of the members of its iRacing.com online racing simulator and other services and web sites we may make available from time to time (referred to collectively in this Privacy Policy as the "Service"). This Privacy Policy is a part of and incorporated into our Terms of Use and End User License Agreement. By using the Service, you are demonstrating your consent to the use of your information as described in this Privacy Policy.

This Privacy Policy serves to notify you of the following:

What information about me is collected on the Service?

Where and when is information collected on the Service (including through the use of cookies and action tags)?

Does iRacing.com collect information from children?

Will other members of the Service have access to my information?

What does iRacing.com do with the information it collects?

When does iRacing.com disclose information to third parties?

Does this privacy policy apply when I link to other web sites?

Is the information collected on the Service secure?

What choices do I have regarding the collection, disclosure and distribution of personally identifiable information?

Can I update or correct my personally identifiable information?

How will I know if there are any changes to this privacy policy?

Who do I contact if I have any privacy questions?

If you have questions regarding this Privacy Policy, you should first contact our Privacy Agent by e-mail at privacy@iracing.com.

WHAT INFORMATION ABOUT ME IS COLLECTED ON THE SERVICE?

Depending on your use of the Service, we collect two types of information: personally identifiable information and non-personally identifiable information.

Personally Identifiable Information

Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing information. In all of these cases, we will collect personally identifiable information from you only if you voluntarily submit the information to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of such Service. Unless you give us permission to do so, we will not sell, share, license, trade or rent your personally identifiable information other than as specified in this Privacy Policy.

Non-Personally Identifiable Information

Non-personally identifiable information is information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender). Non-personally identifiable information may also include member IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service.

WHERE AND WHEN IS INFORMATION COLLECTED ON THE SERVICE (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

Becoming a Member.

When you enroll to become a member, you will be required to provide us with information (including personally identifiable information) such as name, postal address, email address and billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the enrollment process. This information is necessary for our provision of the Service and is also used to help us understand who uses the Service, to improve the Service, to contact members about the Service and/or for billing purposes.

Information You Voluntarily Disclose.

In using certain features of the Service, such as member forums, message boards, and blogs, you may voluntarily make your information available to other users of the Service.

Cookies and Action Tags.

We also collect non-personally identifiable information passively using “cookies” and “action tags.”

“Cookies” are small text files that are placed on your computer in order to identify your web browser and the activities of your computer on the Service and other web sites. In order to use the Service, your web browser must be set to accept cookies. Most web browsers are initially set to accept cookies. Cookies are used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Services (such as saving time by not having to reenter your name upon each visit to the Service), and to allow us to statistically monitor how you are using the Service to help us improve our online offerings. We also may use cookies to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.

In addition to cookies that we place on your computer, cookies may also be placed on your computer by third parties that we use to display or serve advertisements on the Service or to collect non-personally identifiable information in order to provide advertising-related services. In the course of serving advertisements on this web site, our third-party advertisers may place or recognize unique cookies on your browser.

"Action tags," also known as web beacons or gif tags, are a web technology used to help track web site usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or email sent on our behalf, may contain action tags.

By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns. We do not disclose any of your personally identifiable information to our advertising partners.

Finally, you should be aware that advertisers and other third parties may also use their own cookies or action tags when you click on their advertisement or link to their web sites or services on or from the Service. This Privacy Policy does not govern the use by such third-party web sites or services or providers of third-party advertising.

Log Files.

We also collect non-personally identifiable information through our Internet log files, which record data such as member IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating our Services in general.

DOES IRACING.COM COLLECT INFORMATION FROM CHILDREN?

We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13.

Also, in order to become a member of the Service, you must be an adult according to the laws of the jurisdiction (i.e., state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the Service you must have a parent or guardian enroll to use the Service on your behalf. If you authorize a minor child for whom you are a parent or guardian to use the account you create to use the Service, you should not provide us with any personally identifiable information about such child.

WILL OTHER MEMBERS OF THE SERVICE HAVE ACCESS TO MY INFORMATION?

In order to discourage misuse of the Service, except in extraordinary circumstances as agreed to by iRacing.com in its sole discretion, all members of the Service will be identified to other members of the Service by their real names (or variations of their names, such as their names followed by a numeral), not by user names, aliases or other similar devices. By using the Service you consent to the display of your real name to other members. . This includes display of your real name in connection with disciplinary actions taken against you, as further described in the FIRST Official Sporting Code. Also, if you voluntarily make your information available when using certain features of the Service, such as member forums, message boards, and blogs, this information will be accessible to other members of the Service. Additionally, when posting race results, we may include certain geographical information about the listed members, such as what countries, states, provinces and/or cities the members are located in. With this information, other members of the Service could use publicly available resources to discover additional personally identifiable information about you, such as your address and phone number. Except as described in this Privacy Policy, we will not disclose your personally identifiable information to other members of the Service.

WHAT DOES IRACING.COM DO WITH THE INFORMATION IT COLLECTS?

In general, we use the information collected on the Service to provide the Service to you and process your transactions, to help us understand who uses the Service, to improve the Service, and to contact you for customer service and billing purposes.

We may use your information to send you a welcoming email that may confirm your name and password. We may also send you electronic newsletters, contact you about iRacing.com products, services, information and news that may be of interest to you, provide you with other marketing materials, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to “opt out.” In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the Service or, if you are a member, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the Service.

We may also use the information gathered on the Service to perform statistical analysis of member behavior or to evaluate and improve our Services. We may link some of this information to personally identifiable information for internal purposes only or to improve your experience with the Service.

WHEN DOES IRACING.COM DISCLOSE INFORMATION TO THIRD PARTIES?

Except as set forth in this Privacy Policy or as specifically authorized by you, we will not disclose any information we gather from you on the Service.

Laws and Legal Rights.

We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Use and End User License Agreement, or to protect the safety and/or security of our members, iRacing.com or the general public.

Third Parties Generally.

We may provide your email address to third parties for such third parties to contact you about their products, services, information and news that may be of interest to you. If you wish that we do not provide your email address to third parties for these purposes, we will provide you with the option to “opt out.” We may also provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other members of the Service. For example, we might inform third parties regarding the number of unique members who visit the Service, the demographic breakdown of our enrolled members of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising products or services (including vendors and web site tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

Outside Contractors.

We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, and developing applications for the Service and e-mail services. In the course of providing products or services to us, these Outside Contractors may sometimes have limited access to information collected on the Service, including your personally identifiable information. We also require that these contractors (1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted.

Third Party Sellers.

In addition, through the Service, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services that are sold by parties other than us (collectively, "Merchants"). We will attempt to make it clear to you when you are dealing with a Merchant by opening a new browser or otherwise notifying you that you are leaving the Service. For example, if you see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than the Service, then you are likely on, or about to enter, a web site hosted or operated by a person or company other than us. Merchants may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. By submitting the requested information, you affirmatively consent to have that information shared with the Merchant. This information is used by the Merchant and may be subject to a different privacy policy. We are not responsible for the privacy practices of Merchants. We encourage you to be aware when the Service links to Merchants’ web sites and to read the privacy policies or statements of each and every Merchant web site. This Privacy Policy applies solely to information collected by the Service.

Sale of Business.

As with any business, your personal information is also an asset of iRacing.com and will become part of our normal business records. As such, we reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of iRacing.com or the line of business that the Service falls under.

Affiliates.

We may disclose information (including personally identifiable information) about you to our Affiliates. For purposes of this Privacy Policy, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with iRacing.com, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Privacy Policy.

DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEB SITES?

The Service may contain links to web sites not owned or operated by iRacing.com (for example, if you "click" on a banner advertisement, you will likely be taken off the Service). However, please be aware that we are not responsible for the privacy practices of such web sites. We encourage you to be aware when the Service links to other web sites and to read the privacy policies or statements of each and every web site. This Privacy Policy applies solely to information collected by the Service.

IS THE INFORMATION COLLECTED ON THE SERVICE SECURE?

We want your information (including personally identifiable information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the personally identifiable information you provide to us via the Internet at the time you elect to become a enrolled member or subscribe to our Services, we use Secured Socket Layer (SSL) encryption technology in transmitting such personally identifiable information over the Internet to our servers. We secure the personally identifiable information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees and contractors who need access to your information to perform a specific task or function are granted access to such information. In addition, all iRacing.com employees must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, including termination.

Notwithstanding the above commitments to protect your information (including personally identifiable information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

Except as otherwise described in this Privacy Policy, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. You may change your preference and "opt-out" of receiving such communications by changing that option in the My Account feature of the Service, following the directions provided in association with the communication, or by contacting privacy@iracing.com.

California Residents: Your California Privacy Rights. Under California law, our members that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. As detailed above, we do not share our customer's personal information with unaffiliated third parties for direct marketing purposes without their approval.

If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from iRacing.com (via e-mail or postal mail) about new products, services, or promotions, you can do so. You may contact us at iRacing.com Motorsport Simulations, LLC, Attn: Privacy Agent, iRacing.com Motorsport Simulations, LLC, 34 Crosby Drive, Bedford, MA 01730. You can also contact us by e-mailing us at Privacy@iracing.com. Please indicate what publications or services you no longer wish to receive so that we may better address your needs.

CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?

You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing My Account or contacting privacy@iracing.com. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.

HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

You should be aware that we may revise this Privacy Policy at any time and that such revisions may result in additional uses or disclosures of your personally identifiable information. If we decide to change this Privacy Policy, we will post those changes on the Service so you are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. We may also make non-significant changes to this Privacy Policy that generally will not affect our use of your personally identifiable information. If you do not agree to the terms of any revisions of this Privacy Policy, you should discontinue use the Service. If you continue to use the Service after this Privacy Policy is revised, you are demonstrating your consent to the revised Privacy Policy. As a result, you should frequently review this Privacy Policy for any revisions.

WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions or comments about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Privacy Agent in any of the following ways:

By e-mail:

privacy@iracing.com

By postal mail or courier:

Customer Care – Privacy Policy Issues

iRacing.com Motorsport Simulations, LLC

34 Crosby Drive

Bedford, MA 01730

Telephone: 781-541-6360

BY USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.