Welcome to Official Site of Andrew Prendeville (“Website”) and thank you for reviewing the Terms and Conditions of Use. I hope that you will enjoy this Website. This Website, including all information, documents, communications, files, text, graphics, photographs, and audio/visual files (collectively, the “Materials”), is made available to you the website visitor (“User” or “You”) to use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what you can expect from Prendeville Motorsports, LLC (“Provider,” “Us” or “We”) and what we expect from you.

1. Acceptance of Terms and Conditions of Use.

You accept and agree to all terms, conditions and notices contained or referenced on the Website. (“Terms and Conditions of Use”). Please read the following Terms and Conditions of Use carefully. If you do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials from this Website, or merely browsing our Website, you agree to and are bound by these Terms and Conditions of Use.

We reserve the right to change the Terms and Conditions of Use at any time. In such an event, we will send you an email containing the revised terms and conditions or a notification containing a link to where the revised terms and conditions can be viewed on the Website at least two (2) weeks before they go into effect. If you do not expressly object to the validity of the new terms and conditions via e-mail within this two (2) week period, then the newly revised Terms and Conditions of Use will be considered agreed upon. If you reject the newly revised Terms and Conditions, then we may terminate this agreement as provided herein.

2. Intellectual Property Rights.

A. Copyright Information and Personal & Non-Commercial Use Limitation.

All Materials and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws. Copyright © 2007 Prendeville Motorsports, LLC. All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties.

You have been granted a license to view and use the Materials subject to these Terms and Conditions of Use. Unless otherwise specified, the Materials on this Website are for your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.

B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to Provider’s Designated Agent listed below. For your notice to be effective, it must include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) 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
(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.

Provider’s Designated Agent is:
Andrew Prendeville
Prendeville Motorsports, LLC
2505 Anthem Village Drive, Ste. E374
Henderson, Nevada 89052
(702) 829-7223

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.

C. Trademarks.

Provider owns trademarks for its many goods and services, including, without limitation, ANDREW PRENDEVILLE, RACING LAPS, and PRENDEVILLE MOTORSPORTS and the associated graphics, photographs, logos and service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

D. Linking.

If you have a website and wish to establish temporary or permanent links from your website to this Website, you must link to our homepage only. If you would like to link to our homepage you will need to receive written permission from us. Please submit your request (including your corporation’s name, your name and title, and business industry) to support@andrewprendeville.com for our review and approval.

3. Privacy and Protection of Personal Information.

We respect the privacy of visitors to our Website. Please see our Privacy Policy relating to the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which your personally identifiable information is collected, used and disclosed, is incorporated and made part of these Terms and Conditions of Use. If you do not agree to each and every part of our Privacy Policy, then you should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Provider via e-mail at support@andrewprendeville.com.

4. Disclaimer of Warranties and Limitation of Liability.

User expressly agrees that use of the Website, services, and Materials is at User’s sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.

A. Disclaimer of Warranties.

THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability.

PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.

5. Third Party Links.

This Website may from time to time contain links to other websites and may forward users to other websites. These websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that Provider has no responsibility to you with respect to such material. Provider encourages you to examine the privacy policies and/or terms of use policies of any third party website.

6. Online Conduct.

User agrees to use the Website and any services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) stalking Mr. Prendeville or any other user on this Website; or (ix) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website. Provider reserves the right, at its sole discretion, to institute civil or criminal proceedings against you and/or report you to the relevant regulatory or law enforcement authorities for any conduct that violates to aforementioned activities or any other obligations under these Terms and Conditions of Use.

7. Circumvention.

User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Materials offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that User has engaged, or attempted to engage, in any Circumvention Act, Provider reserves the right to institute civil or criminal proceedings against User and to report User to the relevant authorities.

8. Termination.

These Terms and Conditions of Use are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of the Website. User’s access to the Website may be terminated immediately without notice from Provider if in our sole discretion you fail to comply with any term or provision of these Terms and Conditions of Use.

9. Security.

Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

10. Indemnification.

You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Website or the Materials, including any data transmitted or received by you or any service provider; (b) your violation of these Terms and Conditions of Use; or (c) your violation of any rights of a third party or service provider.

11. Arbitration.

Any dispute relating in any way to your visit to Website shall be submitted to confidential arbitration in Las Vegas, Nevada except that, to the extent you have in any manner violated or threatened to violate Provider intellectual property rights, Provider may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of Nevada. You and Provider agree that any Dispute between you and Provider shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (“NAF”), using interpretations under Nevada law, and conducted under its rules, except as otherwise provided below. You and Provider will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and Provider. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or iii) any other dispute arising out of or relating to the relationship between you and the Providers. Information may be obtained from the NAF online at
www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.

12. Applicable Law/Jurisdiction.

By visiting the Website, even if accessed from a location outside the United States, you agree that the laws of the State of Nevada will govern these disclaimers, Terms and Conditions of Use or Privacy Policy without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and Conditions of Use or Privacy Policy at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of Nevada.

13. Waiver/Severability.

The failure of Provider to require or enforce strict performance by User of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.

14. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions of Use or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

15. Entire Agreement.

These Terms and Conditions of Use constitute the entire agreement between the User and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will be effective only if in writing and signed by Provider.

THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND
HAVE NO LEGAL OR CONTRACTUAL EFFECT.

Date Last Modified: February 12, 2008.
These Terms and Conditions of Use may be changed at any time.