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Terms of Use

Updated 11/19/21

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Welcome and thank you for your interest in Hired Gun Racing ("HGR", "we", "us") and our website hiredgunracing.com (the "Site"). These terms of Use are a legally binding contract between you and Hired Gun Racing regarding your use of this Site. Please read the following terms carefully before using this site. By using this site, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions, including the HGR Privacy Policy. If you are not eligible or do not wish to agree to these Terms, you do not have permission to use this site.

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Eligibility

  • You must be at least 18 years of age, or have the consent of a parent or guardian to use this Site.

    • By agreeing to these terms, you represent and warrant that you are;

      • Over the age of 18 or have permission from your parent or guardian.

      • Your use if this Site is in accordance with all applicable laws and regulations.

      • If you are an entity, organization or company, you have the authority to bind agency to these Terms.

 

Purchases and Donations

  • Payment​​

    • Payments and Donations are provided through a third-Party service provider. We may disclose information regarding credit card or other payment instrument to such third-party providers. You represent and warrant that you are authorized to use the payment instrument and that all information you supply is true and correct. You will be responsible taxes and fees associated with your purchases. ​

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Changes to the Terms

  • We may periodically make changes or updates to our Terms.

    • It is the responsibility of the user to review the most recent version of the Terms to remain informed of any changes.

    • By continuing to use this Site, you accept and agree with any and all changes.​

    • Any disputes arising from these Terms are subject to, and will be resolved by version in use at the time the dispute arose.

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Changes to the Site

  • We reserve the right to modify or discontinue, temporarily or permanently, any or all of this Site at any time, with or without prior notice. We are not liable to you or any third-party for any modifications, suspension, deletion or otherwise discontinuance of this Site.

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Limited License

  • Subject to these Terms, Hired Gun Racing grants you a limited and revocable license to use this Site for non-commercial purposes and to be informed about HGR products, services and events. No other use of this Site is permitted or authorized.

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Restrictions

  • You must comply with all applicable laws when using this Site. Except where expressly permitted by applicable law and or expressly permitted by us in writing, you will not, nor allow anyone else to;

    • Store, copy, modify, distribute or sell any information or material on this Site. Nor compile or collect any Site content as part of a database or other work.​

    • Use any automated tools to catalog, store, copy, modify, distribute or resell any Site content.

    • Rent, lease, or sublicense your access to this Site.

    • Use this Site and its content for any purposes other than personal.

    • Circumvent or disable any any digital rights, management, usage rules, or any other security features of this Site.

    • Reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of this Site.

    • Use this Site in any manner that comprises the integrity, performance or availability of this Site.

    • Remove, alter or obscure any proprietary notices (including Copyright and Trademarks) on any portion of this Site or its content.

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Ownership

  • This Site is owned and operated by Hired Gun Racing. We and/or our licensors retain all rights, title and interest in and to;

    • This Site and its content.​

    • Trademarks, logos or service marks displayed on this Site and its content.

  • This site, content and marks are protected by applicable intellectual property laws and international treaties. Except as expressly permitted in writing by HGR, you may not make use of this Site, content or marks. 

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Privacy Policy

  • Please read the Hired Gun Racing Privacy Policy carefully for information regarding the collection, use, storage and disclosure of your personal information. The Privacy Policy is incorporated by this reference and made part of these Terms.

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Links and Third-Party Content

  • This Site may contain links to third-party products, services or websites. We exercise no authority or control over third-party products, services or websites and are not responsible for performance or obligations. HGR does not endorse, nor support any third-party products or services. We are not responsible or liable for any loss or damage, directly or indirectly, caused by the use or reliance of any third-party goods, products, services or websites. Additionally, please be aware that following any links away from this Site, will result in these terms no longer governing you. You should review the applicable terms and policies of third-party websites you navigate to away from this Site. 

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Disclaimer and Warranties

  • Your use of this Site and its content are at your sole risk. This Site and its content are provided on "As Is" and "As Available" basis. Hired Gun Racing expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for purpose, title, and non-infringement. We do not guarantee the accuracy, completeness or usefulness of this Site. You rely on this Site and its content at your own risk. Any material obtained from this Site is done at your own discretion and risk. It is the sole responsibility of the user for any loss or damage to your equipment or data as result of use or download from this Site. Hired Gun Racing provides no advice, oral or written, and does not create any warranty not expressly stated in this Agreement. However, Hire Gun Racing does not disclaim any warranty or other right that Hired Gun Racing is prohibited from disclaiming under the law.

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Limitation of Liability

  • Hired Gun Racing will not be held liable for any indirect, incidental, special, consequential, or exemplary damages. Including but not limited to;

    • Damages due for loss of profits, goodwill, use, data, or other intangible losses (even if Hired Gun Racing has been previously advised of the possibility of of these damages), resulting from the use of this Site and its content.

  • ​Under no circumstances will Hired Gun Racing's total liability of all kinds arising from or related to the use of this Site or its content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise exceeds $50. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. ​

  • Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to an does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.  

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Indemnity

  • You will indemnify and hold HGR and its partners, service providers, affiliates, officers, agents and employees, harmless from any costs, damages, expenses and liability caused by your use of this Site or its content, your violation of these Terms, or your violation of any rights of a third-party through the use of this Site or its content. We and our licensors reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification​ by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to assist and cooperate with our defense.

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Release

  • If you have any dispute with this Site, its contents, or any products purchased through this Site, you hereby release us, our partners and service providers (and each party's respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. if you are a California resident, you waive California Civil Code 1542, which states:

    • "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

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General Terms

  • These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference to these Terms, are the entire and exclusive understanding and agreement between you and Hired Gun Racing regarding your use of this Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. Failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is to be held invalid or unenforceable, the unenforceable part will be given the greatest effect possible, and the remaining parts will remain in full force and effect.

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Legal Notices

  • These Terms are governed by the laws of the United States of America without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms, or your use of this Site, will lie in the state and federal courts of the United States of America, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Hired Gun Racing to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by Hired Gun Racing in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. 

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