This Terms of Purchase, Use and License Agreement and Disclaimer of Liability (referred to as "this Agreement") is a legal contract between (i) iSpeedway, Inc., a Nevada corporation (referred to as "we" or "us" or "Provider"), and (ii) you and your principals as described below (referred to as "you" or "Customer"). References in this Agreement to "iSpeedway" or "iSpeedway" means the software and related technology and content, and the products, services, information and other items, as they may be modified from time to time, provided by Provider, affiliates of Provider or other third-parties, as described in this Agreement, through or in connection with the iSpeedway offering provided through the iSpeedway web site ("iSpeedway Web Site") which is currently available at www.ispeedway.com.

1. Scope of Agreement

(a) Provider Products. This Agreement sets forth terms relating to the following: (i) your purchase of access to the iSpeedway offering; (ii) your rights and obligations relating to any iSpeedway starter package provided to you ("iSpeedway Package" as further defined below); (iii) your purchase from us and use of the basic iSpeedway online subscription web services (i.e., online web site creation and management tools, customer web site hosting services and related features) which are provided by us ("Basic iSpeedway Online Services") in connection with iSpeedway; (iv) your purchase from us of any additional products or services sold by us in connection with iSpeedway; (v) your use of any additional products or services that are either sold or provided by us in connection with iSpeedway except to the extent the terms of use applicable to such products and services are established with our permission by another person involved in such sale or provision; and (vi) such other matters as are described in this Agreement. Additional products or services sold or provided by us are referred to in this Agreement collectively as "Additional Provider Products". Basic iSpeedway Online Services Additional Provider Products are referred to in this Agreement collectively as "Provider Products". Certain Provider Products are subject to additional terms as provided by Provider, posted online on the iSpeedway Web Site, or otherwise made available by Provider ("Additional Provider Terms"). All applicable Additional Provider Terms are hereby incorporated herein.

(b) Related Company Products. As described further in Section 3 of this Agreement, certain affiliates of Provider ("Related Companies") are involved in selling or providing products or services in connection with iSpeedway and/or are involved in supporting aspects of iSpeedway with our permission. Products and services that are sold by Related Companies in connection with iSpeedway, or that are provided by Related Companies in connection with iSpeedway where the Related Company establishes the terms of use, are referred to in this Agreement as "Related Company Products". Your purchase of Related Company Products from a Related Company shall be governed by the terms of purchase established by such Related Company. Your use of Related Company Products where the Related Company establishes the terms of use shall be governed by the terms of use established by such Related Company. Certain terms of this Agreement, such as disclaimers and limitations, apply to Related Company Products as specified in such terms. Any applicable terms established by a Related Company ("Related Company Terms") will be either provided by such Related Company, posted online on the iSpeedway Web Site, or otherwise made available. By purchasing or using Related Company Products, you agree to be bound by all Related Company Terms, including any applicable privacy policies of such applicable Related Companies.

(c) Third-Party Products. As described further in Section 3 of this Agreement, certain third-party providers of products and services who are not affiliates of Provider ("Third-Party Vendors") are involved in selling or providing products or services in connection with iSpeedway and/or are involved in supporting aspects of iSpeedway. References to "Third-Party Vendors" in this Agreement only apply to third-parties who are involved with iSpeedway with our permission. Products and services that are sold by Third-Party Vendors in connection with iSpeedway, or that are provided by Third-Party Vendors in connection with iSpeedway where the Third-Party Vendor establishes the terms of use, are referred to in this Agreement as "Third-Party Products". Your purchase of Third-Party Products from a Third-Party Vendor shall be governed by the terms of purchase established by such Third-Party Vendor. Your use of Third-Party Products where the Third-Party Vendor establishes the terms of use shall be governed by the terms of use established by such Third-Party Vendor. Certain terms of this Agreement, such as disclaimers and limitations, apply to Third-Party Products as specified in such terms. Any applicable terms established by a Third-Party Vendor ("Third-Party Terms") will be provided by such Third-Party Vendor or otherwise made available. By purchasing or using Third-Party Products, you agree to be bound by all applicable Third-Party Terms, including any applicable privacy policies of such Third-Party Vendors.

2. Acceptance of Agreement

(a) Acts of Acceptance. Using an iSpeedway Package or any other aspect of iSpeedway in any manner, not cancelling your subscription to iSpeedway prior to the expiration of any applicable Trial Period as provided below, or other action signifying acceptance of the terms of this Agreement, constitutes acceptance of the terms of this Agreement (including all applicable Additional Provider Terms) by you and by persons on whose behalf or for whose benefit you are acting ("Principals"). Unless otherwise specified, references to "you" or "Customer" in this Agreement shall also refer to your Principals; and (vi) such other matters as are described in this Agreement. Additional products or services sold or provided by us are referred to in this Agreement collectively as "Additional Provider Products". Basic iSpeedway Online Services Additional Provider Products are referred to in this Agreement collectively as "Provider Products". Certain Provider Products are subject to additional terms as provided by Provider, posted online on the iSpeedway Web Site, or otherwise made available by Provider ("Additional Provider Terms"). All applicable Additional Provider Terms are hereby incorporated herein.

(b) Use Requires Acceptance. Only persons who accept the terms of this Agreement and all applicable Related Company Terms and Third-Party Terms (collectively "Applicable Terms") may use iSpeedway and related products and services. If you do not intend to accept all such Applicable Terms, you must cancel your subscription to iSpeedway prior to the expiration of any applicable Trial Period and refrain from using iSpeedway and related products and services in any manner. Additional terms as provided by Provider, posted online on the iSpeedway Web Site, or otherwise made available by Provider ("Additional Provider Terms"). All applicable Additional Provider Terms are hereby incorporated herein.

(c) Effect of Acceptance. By accepting this Agreement, you agree to comply with the terms of this Agreement, along with all other Applicable Terms, and acknowledge that this Agreement provides for various disclaimers and limitations as set forth below. In connection with accepting this Agreement, you represent and warrant that (i) you are 18 years of age or older (or otherwise of the age of majority required to enter into a binding contract if higher than 18); and (ii) you are authorized to enter into this Agreement and bind your Principals to the terms of this Agreement and all other Applicable Terms.

3. General Terms Relating to iSpeedway

(a) Purchase of iSpeedway Program. In the event your purchase of access to the iSpeedway offering is accompanied by a trial period during which you have the right to cancel your subscription to iSpeedway without incurring charges for Basic iSpeedway Online Services ("Trial Period") and/or an introductory period during which your purchase of access to the iSpeedway offering entitles you to Basic iSpeedway Online Services without additional charge ("Introductory Period"), the terms described in this Agreement, including this Section 3, apply along with all other Applicable Terms. Your purchase of access to the iSpeedway offering may be accompanied by a physical iSpeedway Package that was shipped to you ("Physical Package") or an electronic package that was provided to you online, via email or otherwise ("Electronic Package"). References in this Agreement to "iSpeedway Package" apply to both Physical Packages and Electronic Packages additional terms as provided by Provider, posted online on the iSpeedway Web Site, or otherwise made available by Provider ("Additional Provider Terms"). All applicable Additional Provider Terms are hereby incorporated herein.

(i) Grant of License and Related Terms. Conditioned on your acceptance of and compliance with all Applicable Terms, you are granted (i) a license to use the iSpeedway Package that was provided to you, (ii) the right to use the Basic iSpeedway Online Services during the Trial Period and/or Introductory Period, as applicable, that was communicated to you in connection with your purchase of access to the iSpeedway offering, (iii) the right to continue to use the Basic iSpeedway Online Services after the applicable Trial Period and/or Introductory Period, as applicable, subject to payment of applicable fees. For Physical Packages, the license certificate that accompanies such package will set forth the applicable Trial Period and/or Introductory Period. For Electronic Packages, the confirmation email that accompanies your purchase will set forth the applicable Trial Period and/or Introductory Period. For Physical Packages, the Trial and Introductory Periods begin on the iSpeedway Package shipment date as set forth on the license certificate that accompanies the package. For Electronic Packages, the Trial and Introductory Periods begin on the date of purchase.

(ii) Subscription, Account Activation. Your purchase of the iSpeedway offering constitutes your subscription to iSpeedway, and is not contingent upon activation of your website. As described further below, online activation of your iSpeedway account at the iSpeedway Web Site is required to obtain access to the Basic iSpeedway Online Services and is necessary to access certain Additional Products that you may have purchased. Your subscription to iSpeedway will automatically renew unless you cancel your subscription in accordance with Section 5 of this Agreement

(iii) Return of Physical Package. In the event you were provided a Physical Package that is accompanied by a Trial Period and you are not satisfied with iSpeedway, you may return the Physical Package within the applicable Trial Period by following the return instructions posted at http://returns.ispeedway.com. You must follow the posted return instructions for the return to be valid. Upon our confirmation of a valid return, your obligation to pay for the iSpeedway subscription will terminate. As communicated to you at the time you purchased access to the iSpeedway offering, any other amounts, including amounts paid for shipping and handling charges and for any upgrades, are non-refundable.

(b) Basic iSpeedway Online Services. Subject to the terms of this Agreement including the fee and payment terms described in Section 5, activation of your iSpeedway account provides online access to the Basic iSpeedway Online Services. You acknowledge and agree that the Basic iSpeedway Online Services and other aspects of iSpeedway are subject to modification as described further in Section 6.

(c) Additional Products. Subject to applicable fees and other applicable terms, iSpeedway customers are eligible to purchase certain products and services in addition to the Basic iSpeedway Online Services, including Additional Provider Products, Related Company Products, and/or Third-Party Products. Additional Provider Products, Related Company Products, and Third-Party Products are referred to in this Agreement collectively as "Additional Products". Although certain Additional Products may be helpful or necessary to allow Customer to access certain features of iSpeedway, Customer has no obligation to purchase such Additional Products.

(d) Support. Access to certain informational materials and certain customer support accompanies iSpeedway. It is acknowledged and agreed that such information does not constitute legal, accounting, tax or other professional advice. It is the Customer's responsibility to obtain legal, accounting, tax and other professional advice as determined by Customer to be appropriate. The availability of customer support may vary. Certain additional informational materials and support may be made available by Provider at a price established by Provider and otherwise on terms established by Provider.

(e) Customer Requirements. To take full advantage of the various rights that accompany a subscription to iSpeedway, you are responsible for having certain items including certain equipment (e.g., a computer meeting minimum requirements and a modem), certain services (e.g., Internet access), and an acceptable instrument of payment (e.g., a valid credit card). You must continue to subscribe to the Basic iSpeedway Online Services to maintain a web site on iSpeedway ("Customer Site") and have access to various other iSpeedway products/services.

(f) Third-Party Permissions. You are responsible for obtaining any third-party licenses or other permissions necessary in connection with creating and maintaining your Customer Site and as otherwise necessary in connection with your use of iSpeedway, including those permissions required by copyright, trademark, trade secret and patent and other intellectual property laws.

(g) Certain Restrictions. Certain technical and other restrictions apply to the use of iSpeedway. For example, data storage restrictions limit the size of your Customer Site. There are restrictions on the size of emails that may be sent and on the number of emails that may be received and stored. Efforts to control spamming may result in certain emails, including legitimate emails, being blocked. There may be restrictions on the number of times that Customer's account may be accessed in a particular time period. As further described in Section 13, Provider shall have no liability relating to such restrictions.

(h) Domain Name Registration. The Basic iSpeedway Online Services allow you to use a subdomain name as the address for your Customer Site (e.g., www.customersite.ispeedway.com). In the event you purchase your own domain name with a top level domain extension such as the .com extension ("Primary Domain Name") through iSpeedway, such purchase and use shall be governed by the terms set forth herein (including the disclaimers and limitations) and by other applicable terms which may be provided in connection with such registration. By registering a Primary Domain Name, you agree to all such additions terms including the terms of the Registration Agreement established by the registrar for the Primary Domain Name which will be posted on the iSpeedway Web Site and/or on the domain name registrar's web site or otherwise made available.

(i) Custom Web Site Design Services. In the event you are provided any custom web site design services or other design services in connection with iSpeedway, such services shall be governed by the terms set forth herein (including the disclaimers and limitations) and by other applicable terms which may be provided in connection with such design services or otherwise made available.

(j) Terms Applicable to Offline Software. In the event you are provided offline access to software either via download, CD-ROM or otherwise ("Offline Software"), such access shall be governed by the terms set forth herein (including the disclaimers and limitations) and by other applicable terms which may be provided in connection with such access or otherwise made available.

(k) Additional Terms Applicable to Additional Products. Additional Products beyond those specifically listed in this Agreement are governed by the terms set forth in this Agreement (including the disclaimers and limitations) to the extent provided in this Agreement, and by other Applicable Terms.

(l) Related Companies. You acknowledge and agree that Provider is not responsible for any Related Company Products to the extent sold by a Related Company or to the extent provided by a Related Company where the Related Company establishes the terms of use, or for any acts or omissions of Related Companies. Although certain Related Company Products may be co-branded with the brands of Provider, the actual sellers and providers of such products/services are solely responsible for such products/services. Related Companies have no authority to act on behalf of or bind Provider or Provider vendors, agents and affiliates (as defined in Section 14 of this Agreement). Provider shall not be construed to be a party to any transactions that may be entered into between you and Related Companies.

(m) Third-Party Vendors. You acknowledge and agree that Provider is not responsible for any Third-Party Products to the extent sold by a Third-Party Vendor, or to the extent provided by a Third-Party Vendor where the Third-Party Vendor establishes the terms of use, or for any acts or omissions of Third-Party Vendors. Although certain Third-Party Products may be co-branded with the brands of Provider or Related Companies, the actual sellers and providers of such products/services are solely responsible for such products/services. Third-Party Vendors have no authority to act on behalf of or bind Provider or Provider vendors, agents and affiliates. Provider shall not be construed to be a party to any transactions that may be entered into between you and Third-Party Vendors.

4. Restricted Conduct

(a) Illegal Conduct Prohibited. You agree not to violate, directly or indirectly, applicable laws in connection with operating your Customer Site or otherwise using iSpeedway. You are responsible for ascertaining the requirements of applicable laws and complying with such laws. Examples of illegal conduct include the following: (i) posting any content that is illegal in the location at which the content is posted or received; (ii) infringing or otherwise violating any copyright, trademark, trade secret, patent or other intellectual property right of any third-party; (iii) making, posting or distributing statements that are libelous or defamatory; (iv) invading the privacy of third-parties or otherwise failing to comply with applicable privacy laws; (v) promoting, soliciting or otherwise participating in illegal pyramid schemes or illegal sweepstakes, raffles, lotteries, contests or gambling activities; (vi) promoting, selling or otherwise providing illegal products or services; (vii) promoting, selling or otherwise providing pirated computer programs or pirated music or movies; (viii) promoting, selling or otherwise providing illegal drugs or illegal drug paraphernalia; (ix) promoting or making illegal sales of alcohol, firearms or other weapons; (x) promoting, selling or otherwise providing sexually-oriented products or services that are obscene or otherwise illegal; (xi) promoting, selling or otherwise providing worms, trojan horses, computer viruses or other harmful code or devices, or using or distributing programs designed to "nuke" or otherwise create attacks against a third-party web site, Internet service provider or other person; (xii) advocating, promoting or otherwise encouraging or assisting violent activities or activities that cause physical harm.

(b) Offensive Conduct Prohibited. You agree not to engage, directly or indirectly, in any offensive conduct in connection with operating your Customer Site or otherwise using iSpeedway. Offensive conduct includes conduct that is inconsistent with local standards in your community or that reflects negatively on iSpeedway, Provider or Provider vendors, agents and affiliates. Examples of offensive conduct include the following: (i) posting, promoting, selling or otherwise providing lewd, lascivious or sexually explicit materials, products or services; (ii) posting, promoting, selling or otherwise providing materials, products or services that contain blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity; (iii) posting harassing materials or otherwise engaging in harrassive conduct; (iv) posting material or otherwise engaging in conduct that ridicules, disparages or otherwise discredits iSpeedway, Provider or Provider vendors, agents and affiliates.

(c) Dangerous Activities Prohibited. You agree not to engage, directly or indirectly, in any activities in connection with operating your Customer Site or otherwise using iSpeedway that involve a significant risk of serious injury or damage to persons, property, environment or business.

(d) Data Harvesting and Access to Other Customer Sites Prohibited. You agree not to, directly or indirectly, attempt to harvest or compile any data contained on the iSpeedway Web Site, the customer sites of others, or otherwise related to iSpeedway. You further agree not to use any such data except as necessary to operate your Customer Site in accordance with this Agreement and as otherwise expressly authorized by this Agreement. You agree not to, directly or indirectly, attempt to use or access the customer sites of others, the passwords for such customer sites, or other information relating to other customers.

(e) Determination of Violation. Provider shall have the right to determine in its sole discretion whether the requirements of this Section or other terms of this Agreement are being violated and to take such actions as Provider deems necessary or appropriate to remedy such violation including restriction or termination of Customer's rights to use some or all aspects of iSpeedway in accordance with Section 10 of this Agreement. However, Provider assumes no obligation to make any such determination or take any particular action.

5. Fees and Payment Terms

(a) Fees and Payment Terms. The fees and payment terms for the Basic iSpeedway Online Services, and for certain Additional Products, are set forth in one or more fee schedules, which may be modified from time to time, ("Fee Schedule") which will be posted on the iSpeedway Web Site, sent to you by email, or otherwise made available. You agree to pay when due such fees as provided in the applicable Fee Schedule and in accordance with this Agreement. The fees and other terms set forth in the Fee Schedule are subject to change in the same manner as the terms of this Agreement are subject to change as described in Section 6 below. Provider may act as a collection agent for Related Companies or Third-Party Vendors, or vice versa, with respect to the collection of fees and other amounts relating to iSpeedway.

(b) Means of Payment. You are required to provide your credit card information (or other payment instrument accepted by Provider) for payment. All charges that you incur in connection with iSpeedway will be charged to the credit card (or other acceptable payment instrument) that you provide. If payment is not received from the card issuer or other payment provider, you agree to pay Provider all amounts due on demand plus interest and expenses as provided in Section 5 below. You hereby authorize Provider to take all actions determined by Provider to be necessary or desirable to validate and charge your credit card or other payment instrument and otherwise obtain payment. Each credit card or other payment instrument that you provide in connection with the iSpeedway Offering may be kept on file by Provider. In the event you provide more than one credit card or other payment instrument, you hereby authorize Provider to charge any credit card or other payment instrument on file with Provider as Provider deems necessary to obtain payment for ongoing fees as referenced below in Section 5(e).

(c) Late Payment and Non-Payment. You acknowledge and agree that if payment of all amounts due from you relating to iSpeedway is not received on a timely basis, your rights to use iSpeedway may be restricted or terminated as further described in Section 10 of this Agreement. Late payment is also subject to late charges as may be set forth in the applicable Fee Schedule. If Customer, without justification, disputes charges for any iSpeedway products/services directly with a credit card issuer or other third-party resulting in a "chargeback" or "stop payment" or other form of payment reversal, Customer will be subject to having his or her rights to use iSpeedway restricted or terminated in accordance with Section 10 of this Agreement. If a Customer wishes to have his or her rights reinstated after restriction or termination, such reinstatement will be subject to Provider's approval and payment of all applicable reinstatement fees as may be described in the applicable Fee Schedule. Please note that in the event that we are not able to collect any payment billed to your credit card, you could be charged a fee in an amount determined by applicable state law. If for some reason you would like to pay in full at any time, you can do so without penalty.

(d) Automatic Renewal; Cancellation. Upon expiration of the Trial Period and, if applicable, expiration of the Introductory Period that accompanied your purchase of access to the iSpeedway offering, your subscription to iSpeedway will automatically renew unless you cancel your subscription prior to the expiration of such period(s). If you want to cancel your subscription to iSpeedway, you must follow the applicable cancellation instructions set forth at www.support.ispeedway.com or otherwise made available. You acknowledge and agree that, if you cancel your subscription to iSpeedway, you may not be able to use certain iSpeedway products/services that you have purchased. Certain other iSpeedway products/services may be subject to automatic renewal unless cancelled by following the applicable cancellation instructions set forth at www.support.ispeedway.com or otherwise made available.

(e) Ongoing Fees. If you do not cancel your subscription to iSpeedway prior to the expiration of the applicable Trial Period and, if applicable, expiration of the Introductory Period, you will be responsible for all applicable ongoing fees for iSpeedway products/services that you have signed up for and you will be billed for those fees in accordance with the applicable Fee Schedule and this Agreement and any other applicable terms. The credit card or other instrument of payment that you provide will be billed for such iSpeedway products/services, and you hereby agree to such billing and authorize us to take all lawful actions to obtain payment if such billing is not honored for any reason (including those actions described in Section 5(b) of this Agreement such as charging other credit cards or other payment instruments on file with Provider as Provider deems necessary to obtain payment for ongoing fees).

(f) Unauthorized Use of Credit Card or Account. You agree to notify Provider immediately in writing if you suspect unauthorized use of your credit card or other payment instrument, or of your iSpeedway password, or if you suspect any other unauthorized activity relating to your iSpeedway account. You acknowledge and agree that you are responsible for any activity that occurs through your iSpeedway account.

(g) Responsibility for Taxes. You acknowledge and agree that you are responsible for compliance with all applicable tax laws. You agree to promptly pay any taxes, including personal property taxes or sales taxes, transaction privilege taxes, excise taxes, use taxes, value added taxes or similar taxes and charges, that you are obligated to pay under applicable law in connection with your activities.

(h) Collection Costs. You agree to pay to Provider on demand all attorney and collection fees, court costs and other expenses arising from any effort of Provider to collect any amounts due from you. You further agree that all such amounts shall, in addition to all applicable late charges, bear interest at a rate of 1.5% per month or partial month overdue, or the highest interest rate permitted by applicable law if such rate is lower than 1.5% per month.

(i) Billing Questions. Any questions regarding billing should be directed to iSpeedway Support by email at the following address: support@ispeedway.com.

6. Modification of iSpeedway and iSpeedway Terms; Availability

(a) Modification of iSpeedway. Provider may from time to time discontinue or otherwise modify (temporarily or permanently) any or all aspects of iSpeedway. Provider will engage in efforts, as are determined by Provider to be appropriate in its sole discretion, to give notice of any modification of iSpeedway that affects your Customer Site in a materially adverse manner. Provider may, in its sole discretion, provide such notice by posting it on the iSpeedway Web Site, by sending you an email, by putting a popup notice on your screen when you access iSpeedway, by sending you a letter, or otherwise. Your use of iSpeedway after the effective date of a modification constitutes your acceptance of the modification. If you are dissatisfied with any modification of iSpeedway, you have the right to terminate your subscription to iSpeedway in accordance with Section 10 which shall be your exclusive remedy.

(b) Modification of Terms of Agreement. Provider may from time to time modify the terms of this Agreement. Provider will give notice of such modifications by posting a modified version of this Agreement on the iSpeedway Web Site. Provider will give notice of changes to applicable fees by posting or otherwise making available a modified version of the applicable Fee Schedule. Provider may, in its sole discretion, supplement such notice by sending you an email, by putting a popup notice on your screen when you access iSpeedway, by sending you a letter, or otherwise. You agree to review this Agreement from time to time and comply with any modifications. Your use of iSpeedway after the effective date of a modification of applicable terms constitutes your acceptance of the terms as modified. If you are dissatisfied with any modification of applicable terms, you have the right to terminate your subscription to iSpeedway in accordance with Section 10 which shall be your exclusive remedy.

(c) Limitation of Availability of iSpeedway. The availability of the iSpeedway Web Site, your Customer Site and other aspects of iSpeedway is subject to periodic downtime for maintenance and is further subject to interruption due to failure of telecommunication links and Internet infrastructure, viruses, third-party attacks, and other causes beyond Provider's control. You acknowledge and agree that Provider shall not be responsible for any interruptions of the availability of iSpeedway. If you are dissatisfied with the availability of iSpeedway, you have the right to terminate your subscription to iSpeedway in accordance with Section 10 which shall be your exclusive remedy.

7. Changes to Customer Site

(a) Requested Customer Site Changes. You authorize Provider to make changes to your Customer Site to address issues that you bring to the attention of Provider through customer support, email or otherwise, as determined by Provider to be appropriate in its sole discretion.

(b) Customer Site Changes by Provider. Provider reserves the right (but assumes no obligation) to make changes to your Customer Site or to require you to make changes to your Customer Site as determined by Provider in its sole discretion to be necessary to prevent a breach of this Agreement or avoid a violation of other applicable restrictions. For example, Provider may have to make changes to your Customer Site to avoid violations of third-party rights that Provider receives notice of in accordance with the third-party complaint and notice policy described in Section 9 of this Agreement. If determined by Provider to be appropriate, Provider shall first request that you make the changes or give you notice of changes that are anticipated to be made, or that have been made, by Provider but you acknowledge that Provider has no obligation to make such request or give such notice.

(c) Sole Remedy for Customer Site Changes. If you are dissatisfied with any changes to your Customer Site, you have the right to terminate your subscription to iSpeedway in accordance with Section 10 which shall be your exclusive remedy.

8. Privacy and Security

(a) Privacy Policy. Use of any personal information collected by us is described in our Privacy Policy, which may be reviewed on our homepage under the privacy policy link.

(b) Security. iSpeedway uses sophisticated technology to protect the security of information that you provide in connection with your use of iSpeedway. Nevertheless, Provider cannot guarantee the security of any information provided by or on behalf of you, and Provider shall not be responsible for a loss, improper access to, or other compromise of, your information as further described in Section 13. You are responsible for maintaining the security of your passwords and other access keys relating to your use of iSpeedway.

(c) Customer Information. Subject to any requirements of applicable law, you hereby authorize Provider to use all information relating to you as determined by Provider to be necessary or appropriate for Provider to exercise its rights and fulfill its obligations under or relating to this Agreement or otherwise provide iSpeedway. You further authorize Provider to refer to you and your Customer Site in connection with marketing and otherwise promoting iSpeedway.

9. Responsibility for Customer Activities; Independent Operations; Third-Party Rights

(a) Responsibility for Customer Activities. You acknowledge and agree that you are solely responsible for the content of your Customer Site and the activities that you conduct through your Customer Site or otherwise. You further acknowledge and agree that you are subject to liability if your Customer Site includes illegal content, or is used for illegal activities, or if you otherwise violate applicable laws. Provider does not verify, vouch for or otherwise endorse, and is not responsible for, the content of any Customer Site or any activities conducted through any Customer Site or otherwise conducted by Customer or Customer vendors, agents and affiliates. In particular, Provider is not responsible for the delivery, quality or other aspects of any products or services promoted, sold or otherwise provided by Customer or by Customer vendors, agents and affiliates through Customer Sites or otherwise. You acknowledge that you are also responsible for obtaining your own professional advice, including legal, tax and accounting advice, and that in the event we provide any sample sales forms or other materials or information, we have no responsibility for the accuracy or validity of such materials or information as further described in Section 13.

(b) Notice of Independent Operations. You agree to conspicuously post the following statement on your Customer Site: "This web site is independently owned and operated by [insert name of owner]." You further agree that Provider may post, or require you to post, other statements or notices on your Customer Site or elsewhere as determined by Provider to be necessary or appropriate to clarify the relationship between Provider, Customer and third-parties, or to otherwise protect the rights of Provider and third-parties.

(c) Reporting Violations of Third-Party Rights. Although Provider assumes no obligation to prescreen or monitor the content or activities of customers or customer sites, Provider may decide in its sole discretion to investigate allegations of a violation of intellectual property or other third-party rights brought to the attention of Provider in accordance with the third party complaint and notice policy posted on the iSpeedway Web Site. Allegations must be accompanied with sufficient substantiation of the alleged violation as described in such policy. If you believe that any content or other aspects of the iSpeedway Web Site, customer sites or iSpeedway violate the rights of others, you should provide notice to Provider in accordance with such policy. The rights of iSpeedway customers who violate the rights of third-parties in connection with their use of iSpeedway are subject to immediate termination pursuant to Section 10 of this Agreement.

10. Restriction and Termination of Customer Rights

(a) Restriction and Termination of Customer Rights by Provider.

(i) Restriction and Termination for Cause. Provider may at any time, with or without notice to you, restrict or terminate your rights to use iSpeedway in whole or in part (but assumes no obligation to do so) if cause exists as determined by Provider in its sole discretion. Examples of cause include the following circumstances: (i) restricting or terminating your use of iSpeedway is necessary for security reasons or otherwise for the proper continued operation of iSpeedway as a whole; or (ii) your use of iSpeedway is not for legitimate purposes; or (iii) your use of iSpeedway violates any applicable laws; or (iv) your use of iSpeedway violates any third-party rights; or (v) you have otherwise breached this Agreement or any other obligations to Provider or its vendors, agents and affiliates. In the event that your use of iSpeedway is restricted under this Section and the restrictions are not satisfactory to you, your sole remedy shall be to terminate your subscription in accordance with Section 10(b) below.

(ii) Restriction and Termination for Convenience. Provider may at any time with reasonable notice to you, restrict or terminate your rights to use iSpeedway in whole or in part for Provider's convenience. Thirty (30) days notice shall be deemed to be reasonable notice, provided that Provider may restrict or terminate inactive iSpeedway accounts (e.g., accounts that have not been accessed within one hundred and twenty (120) days) without notice. In the event that your use of iSpeedway is restricted under this Section and the restrictions are not satisfactory to you, your sole remedy shall be to terminate your subscription in accordance with Section 10(b) below.

(iii) Restriction and Termination Due To Payment Problems. Provider may at any time, with or without notice to you, restrict or terminate your rights to use iSpeedway in whole or in part, if the credit card (or other payment instrument) that you provide to Provider expires, or if Provider is unable to charge valid charges to that credit card (or other payment instrument), or if you otherwise fail to make payments due to Provider hereunder. In the event that your use of iSpeedway is restricted under this Section and the restrictions are not satisfactory to you, your sole remedy shall be to terminate your subscription in accordance with Section 10(b) below.

(iv) Obligations Upon Restriction or Termination by Provider. If Provider restricts or terminates your rights to use iSpeedway in whole or in part, you will remain responsible for the full charges applicable to the billing period during which Provider restricts or terminates your rights, including all subscription-based fees through the end of such period, and you will also remain responsible for any other obligations incurred by you prior to restriction or termination and any obligations incurred by you after restriction or termination including any ongoing fees applicable to any products/services for which your rights are not restricted or terminated. Following such restriction or termination, you agree not to re-register for or otherwise access any restricted or terminated aspects of iSpeedway without Provider's prior written approval, and acknowledge that any reinstatement of restricted or terminated aspects of iSpeedway will be subject to payment of all applicable reinstatement fees as may be described in the applicable Fee Schedule.

(b) Termination by Customer. You may terminate your subscription to iSpeedway for any reason at any time in accordance with the applicable termination procedure which is currently located at www.support.ispeedway.com. You will remain responsible for the full charges applicable to the billing period during which you terminated, including all subscription-based fees through the end of such period, and you will also remain responsible for any other obligations incurred by you prior to termination and any obligations incurred by you after termination.

(c) General Effect of Termination. In the event of termination of your subscription by you or Provider, all rights that you may have to use iSpeedway and related rights, including all rights provided to you under this Agreement (and all corresponding obligations of Provider and Provider vendors, agents and affiliates), shall terminate immediately but all other provisions of this Agreement, including Provider rights to payment (and your corresponding obligations), the disclaimers and limitations on the liability of Provider and Provider vendors, agents and affiliates, and indemnification provisions, shall continue after termination. You shall remain responsible for all obligations incurred by you prior to termination and any obligations incurred by you after termination. Upon termination, Provider reserves the right to delete any and all records, files and other data relating to you or otherwise associated with your use of iSpeedway, including your Customer Site and related information. You acknowledge that certain products/services require one-time payments or payments for an extended period and that such payments may not be refundable even if your subscription to iSpeedway is terminated.

11. Proprietary Rights

(a) Ownership of Technology and Content. You acknowledge and agree that Provider and its affiliates and their licensors own all right, title and interest in the iSpeedway software and related technology ("iSpeedway Technology"), and that Provider, Related Companies and Third-Party Vendors and their licensors otherwise own all right, title and interest in the products/services that they respectively provide. You further acknowledge and agree that, except for content supplied by you, Provider and its affiliates and their licensors own all right, title and interest in the iSpeedway Package, all customer web site templates, text, music and other sound, photographs and other images, video and graphics and other content that relates to iSpeedway ("iSpeedway Content"), and that Provider, Related Companies and Third-Party Vendors and their licensors otherwise own all right, title and interest in the content relating to the products/services that they respectively provide. Your rights under this Agreement with respect to the iSpeedway Technology and the iSpeedway Content are limited to a non-exclusive license to use, in accordance with all applicable terms and only while you maintain a subscription to iSpeedway and are in good standing, the technology and content that you are provided access to. You acknowledge and agree that the iSpeedway Content and iSpeedway Technology and other products/services and related items provided in connection with iSpeedway are protected by U.S. and international copyright, trademark, trade secret and/or patent laws, or other intellectual property laws. In particular, you acknowledge and agree that the compilation, collection, selection, arrangement, assembly and coordination of iSpeedway Content are protected by U.S. and international copyright laws. You further acknowledge and agree that you are only permitted to use the iSpeedway Content and iSpeedway Technology as expressly authorized by Provider in this Agreement.

(b) Intellectual Property Restrictions. Except as expressly authorized by Provider in writing, you agree not to use, sell, copy, reproduce, distribute, transmit, modify or create derivative works based on, the iSpeedway Content or iSpeedway Technology or proprietary aspects of other products/services and related items provided in connection with iSpeedway. You agree not to, directly or indirectly, attempt to derive the underlying source code, structure or sequence of the iSpeedway Technology by reverse engineering, reverse compiling or otherwise. You further agree not to, directly or indirectly, delete or otherwise alter author attributes, trademark notices, confidentiality notices, patent notices, copyright notices or other proprietary notices, disclaimers or similar information associated with iSpeedway products/services or otherwise associated with iSpeedway. You acknowledge and agree that iSpeedway may be subject to mechanisms that may limit copying and other uses.

(c) Trademarks. You acknowledge and agree that Provider and/or Related Companies own certain U.S. and international trademark rights, including rights in graphics and logos used in connection with iSpeedway to identify the products and services of Provider and/or Related Companies (collectively the "iSpeedway Trademarks"). This Agreement shall not be construed to give you any right to use the iSpeedway Trademarks. You agree not to use the iSpeedway Trademarks in any manner unless expressly authorized by Provider in writing. All other trademarks (including third-party product names) used in connection with iSpeedway are the property of their respective owners and you agree not to use such trademarks without the express authorization of such persons.

(d) Confidentiality. You shall not, directly or indirectly, use any confidential information of ours or our agents or affiliates except as may be expressly permitted by this Agreement. In no event shall you disclose any confidential information of ours or our agents or affiliates without our express written consent. Confidential information shall include non-public technical, financial and other business information designated by us as confidential or that you should reasonably know is confidential. For example, the iSpeedway Technology and iSpeedway business methods shall be deemed to constitute confidential information unless shown to be generally available to the public.

12. Indemnification

You agree to indemnify and defend Provider and Provider agents and affiliates upon demand by Provider, and hold Provider and Provider vendors, agents and affiliates harmless, against any and all claims, demands, damages, cost and any other liabilities and expenses, including reasonable attorney's fees, collection fees and court costs, relating to or arising from: (i) your use of Provider Products, Related Company Products, Third-Party Products or otherwise relating to iSpeedway; or (ii) violation of any copyright, trademark, trade secret, patent or other intellectual property or third-party right by you or your vendors, agents and affiliates; or (iii) any failure by you or your vendors, agents and affiliates to comply with applicable laws or restrictions; or (iv) any other breach of this Agreement or related obligations or any other acts or omissions by you or your agents or affiliates or your customers.

13. Disclaimers and Limitations

(a) WARRANTY DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE iSpeedway ONLINE SERVICES AND ANY OTHER PRODUCTS/SERVICES OR ITEMS (INCLUDING RELATED INFORMATION) PROVIDED OR OBTAINED IN CONNECTION WITH iSpeedway ARE PROVIDED "AS-IS" WITH ALL FAULTS. YOU ASSUME ALL RISKS WITH RESPECT TO iSpeedway, INCLUDING THE RISK OF ANY DAMAGES RESULTING FROM YOUR USE OF THE iSpeedway ONLINE SERVICES OR ANY OTHER PRODUCTS/SERVICES OR ITEMS. IF YOU ARE DISSATISFIED IN ANY WAY WITH iSpeedway, YOUR SOLE RECOURSE SHALL BE TO TERMINATE YOUR SUBSCRIPTION TO iSpeedway.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER, ON ITS BEHALF AND ON BEHALF OF PROVIDER VENDORS, AGENTS AND AFFILIATES, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO iSpeedway, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR INTERFERENCE WITH USE AND ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

BY WAY OF ILLUSTRATION WITHOUT LIMITATION, PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE iSpeedway ONLINE SERVICES OR ANY OTHER PRODUCTS/SERVICES OR ITEMS PROVIDED OR OBTAINED IN CONNECTION WITH iSpeedway WILL FULFILL ANY OF CUSTOMER'S PARTICULAR REQUIREMENTS, GENERATE ANY PARTICULAR FINANCIAL OR OTHER RESULTS, BE COMPLETE, ACCURATE OR ERROR FREE, OR BE CONTINUOUSLY AVAILABLE.

NO ORAL OR WRITTEN STATEMENTS PROVIDED BY PROVIDER OR ITS REPRESENTATIVES SHALL BE CONSTRUED TO CREATE ANY REPRESENTATIONS, WARRANTIES OR OTHER OBLIGATIONS OF ANY KIND APPLICABLE TO PROVIDER OR PROVIDER VENDORS, AGENTS AND AFFILIATES IN ADDITION TO THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND CUSTOMER SHALL HAVE NO RIGHT TO RELY ON ANY SUCH STATEMENTS.

(b) LIMITATION OF REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN THE EVENT PROVIDER BREACHES ANY OBLIGATIONS RELATING TO THIS AGREEMENT, YOUR SOLE REMEDY SHALL BE TO TERMINATE YOUR SUBSCRIPTION TO iSpeedway. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PROVIDER ARISING FROM OR RELATING TO iSpeedway (REGARDLESS OF THE FORM OF ACTION OR CLAIM) EXCEED THE AMOUNT CUSTOMER HAS ACTUALLY PAID TO PROVIDER IN CONNECTION WITH iSpeedway DURING THE THEN-PREVIOUS TWELVE (12) MONTH PERIOD, AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF A PROVIDER VENDOR, AGENT OR AFFILIATE ARISING FROM OR RELATING TO iSpeedway (REGARDLESS OF THE FORM OF ACTION OR CLAIM) EXCEED THE AMOUNT CUSTOMER HAS ACTUALLY PAID TO SUCH VENDOR, AGENT OR AFFILIATE IN CONNECTION WITH iSpeedway DURING THE THEN-PREVIOUS TWELVE (12) MONTH PERIOD.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER PROVIDER NOR ANY PROVIDER AGENTS OR AFFILIATES SHALL HAVE ANY RESPONSIBILITY TO YOU OR YOUR AGENTS OR AFFILIATES FOR ANY CLAIMS, DAMAGES OR OTHER LIABILITIES, WHETHER BASED ON CONTRACT, TORT OR STATUTE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL PROVIDER OR ANY PROVIDER AGENTS OR AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AGENTS OR AFFILIATES FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE.

BY WAY OF ILLUSTRATION WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER PROVIDER NOR ANY PROVIDER VENDORS, AGENTS AND AFFILIATES SHALL BE LIABLE TO CUSTOMER IN ANY MANNER WHATSOEVER FOR (I) ANY DAMAGES RESULTING FROM ANY CAUSE BEYOND PROVIDER'S REASONABLE CONTROL; (II) ANY DAMAGES RESULTING FROM A CUSTOMER'S FAILURE TO COMPLY WITH THIS AGREEMENT; (III) ANY DAMAGES RESULTING FROM ANY INACCURACY IN ANY INFORMATION PROVIDED IN CONNECTION WITH iSpeedway; (IV) ANY LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PUNITIVE DAMAGES; (VI) ANY DAMAGE INCURRED IN CONNECTION WITH DEALING WITH RELATED COMPANIES OR THIRD-PARTY VENDORS OR THEIR PRODUCTS OR SERVICES OR THEIR WEB SITES.

WITHOUT PREJUDICE TO YOUR RIGHT TO TERMINATE YOUR SUBSCRIPTION TO iSpeedway AS SET FORTH IN THIS AGREEMENT, YOU HEREBY RELEASE PROVIDER AND PROVIDER VENDORS, AGENTS AND AFFILIATES AND FROM ANY AND ALL CLAIMS, DAMAGES AND OTHER LIABILITIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATING TO THE iSpeedway ONLINE SERVICES AND ANY OTHER PRODUCTS/SERVICES OR ITEMS PROVIDED OR OBTAINED IN CONNECTION WITH iSpeedway.

THE DISCLAIMERS AND LIMITATIONS IN THIS AGREEMENT APPLY TO ALL CLAIMS REGARDLESS OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OR FAILURE OF A FUNDAMENTAL TERM), TORT CLAIMS (INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD OR MISREPRESENTATION), AND STATUTORY CLAIMS.

CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE iSpeedway ONLINE SERVICES AND OTHER PRODUCTS/SERVICES AND RELATED ITEMS ARE BEING PROVIDED AT A SIGNIFICANTLY REDUCED PRICE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT SUCH DISCLAIMERS AND LIMITATIONS ARE REASONABLE.

WHETHER OR NOT EXPRESSLY STATED IN THIS AGREEMENT, CUSTOMER ACKNOWLEDGES AND AGREES THAT ALL DISCLAIMERS AND LIMITATIONS APPLICABLE TO PROVIDER UNDER THIS AGREEMENT ALSO APPLY EQUALLY TO PROVIDER VENDORS, AGENTS AND AFFILIATES.

THE LAWS OF SOME STATES AND CERTAIN OTHER JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS IN CERTAIN CASES SUCH AS THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT ANY SUCH LAWS APPLY NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, CERTAIN LIMITATIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY, IN WHICH CASE THE LIABILITY OF PROVIDER AND PROVIDER VENDORS, AGENTS AND AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY DEPENDING ON THE JURISDICTION.

14. General Terms

(a) Remedies. Except as provided in this Agreement, the rights and remedies available under this Agreement are cumulative and not exclusive, and the exercise of any one right or remedy, including any termination rights, shall not preclude or waive the right to exercise any other rights and remedies available under this Agreement or in accordance with applicable law. In the event Provider incurs any attorneys' fees, collection costs, courts costs or other expenses in connection with enforcing its right under this Agreement with respect to Customer, Customer shall reimburse Provider for such expenses upon demand. Customer agrees that all amounts that Customer owes relating to this Agreement shall bear interest at a rate of 1.5% per month, or the highest interest rate permitted by applicable law if such rate is lower than 1.5% per month.

(b) Applicable Law and Forum. This Agreement shall be governed by U.S. federal and Arizona laws, excluding conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby consent and agree to submit to the exclusive jurisdiction in Maricopa County in the state of Arizona, USA, except that Provider may elect to bring an action in any forum having jurisdiction if determined by Provider to be necessary to enforce its rights arising out of or relating to this Agreement.

(c) Arbitration. Any and all disputes between you and Provider arising out of or relating to this Agreement will be subject to and settled by binding arbitration, in the applicable forum as provided above, in accordance with the rules of the American Arbitration Association, except that Provider may, in addition to or in lieu of arbitration, pursue legal action in the regular court system if determined by Provider to be necessary to stop, prevent or obtain recourse for a breach of this Agreement that Provider determines to be serious. You agree that any arbitration, and all negotiations, discussions and settlements, are subject to obligations of confidentiality and shall not be disclosed by you to any third-party.

(d) Severability. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. Any provision held to be invalid or unenforceable in any particular jurisdiction shall not, as a result, be considered invalid or unenforceable in any other jurisdiction.

(e) Notices. All notices to you may be given by any reasonable means including email, conventional mail, facsimile, by posting such notices on the iSpeedway Web Site, or by otherwise broadcasting notices or messages. All notices to Provider must be by email directed to the following address: support@ispeedway.com and must include a descriptive title in the subject line giving Provider adequate notice of the contents of the email.

(f) Non-Waiver. Provider shall not be deemed to have waived any right or provision of this Agreement unless a waiver is expressly acknowledged and agreed to by Provider in a signed writing. Provider's delay in exercising or enforcing any right or provision of this Agreement shall not be construed to constitute a waiver of such right or provision.

(g) Entire Agreement. This Agreement and all other Applicable Terms as referenced herein constitute the entire agreement with you relating to the subject matter of this Agreement and such Applicable Terms. This Agreement and all applicable Additional Provider Terms shall be the sole source of any obligations of Provider with respect to the subject matter hereof and shall control over any documents or information that are alleged to impose conflicting obligations on Provider, including information on the iSpeedway Web Site. This Agreement may not be modified except as provided in Section 6 of this Agreement or in an express written amendment signed by the parties to which the amendment applies.

(h) Assignment. Your subscription to iSpeedway and any of your rights or obligations under this Agreement may not be sublicensed, assigned or otherwise transferred in whole or in part without Provider's express written consent, which shall not be unreasonably withheld, and any such transfer shall be void without such consent. Upon any transfer, your rights hereunder shall terminate and the transferee shall be fully bound by this Agreement, but you shall remain responsible for any liability incurred prior to the transfer and shall remain responsible for compliance with all obligations applicable to the customer under this Agreement. As a condition of the validity of the transfer, you shall deliver all materials that you have relating to iSpeedway to the transferee, including a copy of this Agreement, and shall promptly provide Provider with an original executed written document under which the transferee agrees to be bound by this Agreement. Provider reserves the right to assign and otherwise transfer any and all rights and obligations under or relating to this Agreement to any person without notice including any affiliate or any person that acquires all or substantially all of Provider's business or assets relating to iSpeedway. In the event of a transfer of any of Provider's rights or obligations under this Agreement, references in this Agreement to "Provider" shall refer to the transferee to the extent of the transfer. Provider may also designate persons as third party beneficiaries of some or all of Provider's rights under this Agreement, in which event references in this Agreement to "Provider" shall refer to Provider and such designated beneficiaries with respect to such rights.

(j) Interpretation. The parties agree that the rule of interpretation that provides that ambiguous language of a contract shall be construed against the drafter shall not apply to this Agreement and that this Agreement shall therefore be interpreted neutrally and not for or against either party. When required by the context, whenever a noun or pronoun is used in this Agreement in the singular the same shall include the plural, and the masculine gender shall include the feminine and neutral genders, and vice versa. The following terms shall have the following meanings when used in this Agreement: (i) the term "person" includes an individual, corporation, limited liability company, partnership, trust, government agency or other entity or association; (ii) to do something "indirectly" includes doing any act through another, requesting, encouraging or assisting another to do an act, or allowing another to do an act when it would be reasonably possible to prevent that act; (iii) the term "include" or "including" and similar terms shall be construed to mean "including but not limited to"; (iv) the term "intellectual property" or "proprietary rights" includes trade secrets, publicity rights and other trade values, invention rights, patents and privileges of use, copyrights, database rights, design rights and mask work rights, and trademarks and similar rights; and the term "trademarks" includes service marks, trade dress, trade names and other protectable commercial symbols. The section titles in this Agreement are solely used for convenience and shall not be construed to alter the meaning of the actual provisions of this Agreement. Periods of time established by this Agreement in days shall be calculated using calendar days and not business days unless otherwise expressly provided in this Agreement.

(k) Definition of Provider Affiliates, Agents and Vendors. As used in this agreement, "affiliates" of Provider include individuals or companies that control Provider, that are controlled by Provider, or that are under common control with Provider; "agents" of Provider include directors, officers, managers and employees of Provider and Provider's affiliates; and "vendors" of Provider include contractors and licensors of Provider and Provider's affiliates and any other party involved in creating, producing or delivering any aspect of iSpeedway on behalf of or in conjunction with Provider and Provider's affiliates.

(l) Definition of Customer Affiliates, Agents and Vendors. As used in this agreement, "affiliates" of Customer include individuals or companies that control Customer, that are controlled by Customer, or that are under common control with Customer; "agents" of Customer include directors, officers, managers and employees of Customer and Customer's affiliates; and "vendors" of Customer include contractors and licensors of Customer and Customer's affiliates.

(m) Approvals. Any agreements, authorizations, approvals or consents by Provider contemplated by this Agreement must be in writing and given by an authorized representative of Provider to be effective whether or not expressly stated in a particular provision. Any agreements, authorizations, approvals or consents that may or must be given by Provider under this Agreement may be withheld in Provider's sole discretion unless this Agreement specifically provides to the contrary. Any decisions or determinations that may or must be made by Provider under this Agreement are to be made by Provider in its sole discretion unless this Agreement specifically provides to the contrary.

(n) Relationship. The relationship of the parties hereunder is that of vendor-customer and licensor-licensee. Nothing in this Agreement and no actions in connection herewith shall be construed to give rise to a partnership, joint venture or other relationship. Customer has no authority to act on behalf of or bind Provider or Provider vendors, agents and affiliates.