FAQ | Privacy Policy | Terms and Conditions


FAQ

Thank you for your interest in Kasey Kahne Racing and The Kasey Kahne Foundation.

Your question may be answered in our Frequently Asked Questions below.

Due to the volume of emails we receive, if your question is answered in the FAQ, we may be unable to provide a personal response.

1. What is Kasey Kahne’s autograph policy?
Due to the overwhelming number of inquiries we receive, we are not able to accept autograph requests or items to be signed at this time. We respectfully ask that you please do not send requests or items to Kasey Kahne Racing, the Kasey Kahne Foundation or Hendrick Motorsports.

Please visit the appearance page on Kasey’s website at www.kaseykahne.com/appearances and/or Kasey’s official Facebook page at www.facebook.com/kaseykahne to see Kasey’s appearance schedule where you could have a chance to meet him and potentially receive an autograph.

The Kasey Kahne Store also offers autographed items for purchase at www.kaseykahnestore.com, or at the Kasey Kahne Racing Shop located at 265 Cayuga Drive, Mooresville NC 28117 – (704) 662-8549.

If you have sent an item to be autographed prior to April 1, 2014, the request will be fulfilled however please note it could take up to 1 year to get it signed and mailed back to you.

2. How do I find out appearance information for my area or race I will be attending?
Please check Kasey’s website at www.kaseykahne.com/appearances for all public appearances, or follow @KKRteam and @Hendrick5Team on Twitter.

3. Does Kasey Kahne Racing offer shop tours?
The Kasey Kahne Store in Mooresville, NC is open Monday-Friday from 11a-3p and you are able to view the shop area from the store. We offer shop tours at Kasey Kahne Racing several times per year through special Store/Foundation events.

4. Is Kasey Kahne Racing or the Kasey Kahne Foundation hiring?
There are currently no open positions at Kasey Kahne Racing or the Kasey Kahne Foundation. If any positions become available, job descriptions and information on how to apply may be listed in the news section of www.kaseykahne.com

5. Does Kasey Kahne Racing provide for racing sponsorships?
At this time, we are fully committed to the teams and drivers at Kasey Kahne Racing. Therefore, we are unable to review or support any sponsorship proposals received from other teams or aspiring drivers.

6. Is there a Fan Club for Kasey Kahne?
We are currently looking into ways to improve the fan experience with Kasey and are not currently accepting renewals or new memberships to Klub Kahne. Stay tuned for some new ideas.

7. Does Kasey Kahne grant requests to meet children or adults with life-threatening illnesses?
Yes. The Kasey Kahne Foundation accommodates as many wish requests as possible. There are a handful of steps involved in processing the requests. Your request should be faxed to the foundation at (704) 662-8576 on letterhead from an official wish or dream granting organization. It is important to note that due to the logistics involved, at-track wishes are only granted through select wish granting organizations.

8. Does Kasey Kahne call, write or visit individuals?
Due to the travel and sponsor demands of his schedule, Kasey is not able to call, write or visit individuals.

9. What is the mission of the Kasey Kahne Foundation?
The Kasey Kahne Foundation is committed to raising awareness and funds for charities supporting chronically ill children and their families. The KKF also strives to empower youth and inspire their future through education by donating to programs dedicated to fulfilling children’s needs for success.

10. What charities do you support?
We currently support the Ronald McDonald House of Charlotte, Friends of the NASCAR Hall of Fame, Boys & Girls Club of King County, WA and the Make-A-Wish Foundation as our partner programs.

11. Do you accept proposals for funding from other charities?
We are not accepting unsolicited proposals at this time.

12. Do you provide grants to individuals?
No, unfortunately, the foundation is structured to limit grants directly to individuals or families.

13. Does the Foundation donate autographed items for charity events?
Unfortunately we no longer offer an autographed item request program.

14. Does Kasey Kahne make personal appearances on behalf of charities?
Due to the overwhelming number of requests, Kasey Kahne’s charitable appearances are limited to events that benefit the Kasey Kahne Foundation and our partner programs.

15. Questions? Please contact us:
Kasey Kahne Racing: info@kaseykahne.com
Kasey Kahne Store: https://www.kaseykahnestore.com/page.php?link=contact-us
Kasey Kahne Foundation: info@kaseykahnefoundation.com


Privacy Policy

Kasey Kahne, Inc. Privacy Policy

Our Commitment to Privacy

We at Kasey Kahne Motorsports, Inc. (“KKM”) are dedicated to protecting your privacy and handling any personal information we obtain from our registered users (“Registered Users”) with care and respect. The Privacy Policy (the “Policy”) for our web site portal (the “Site”) was developed as an extension of our commitment to combine the highest-quality service with the highest level of integrity in dealing with our customers and partners. The Policy is designed to answer your questions regarding our privacy policy and principles. This statement will be continuously assessed against new technologies, business practices and our customers’ needs. This Privacy Policy is incorporated in and part of the Terms of Use (VIEW), which governs your use of this website.

Q1. What information do we collect?
Q2. How do we use the information we collect?
Q3. With whom do we share your information?
Q4. How do we protect your information?
Q5. What about other web sites linked to our web site?
Q6. How can you change your information?
Q7. How do I “unsubscribe”?
Q8. How am I notified of material changes to this Policy?

Q1. What Information Do We Collect?
When you visit our Site you may provide us with several types of information: personally-identifiable information you knowingly choose to disclose that is collected on an individual basis, web site use information collected as you browse our Site, content you may choose to contribute to the Site through blogs, chat and/or message boards, or anything else you may post, and your email communications with us.

Personal Information. We will not collect any personally-identifiable information about you (e.g., your name, address, telephone number, email address, credit card information) through the Site unless you have provided it to us voluntarily (e.g., Site registration, orders of goods and services).
Web Site Use Information. In some cases, we may automatically (i.e., not via registration) collect technical information when you connect to our Site that is not personally-identifiable. Examples of this type of information include the type of Internet browser you are using, the type of computer operation system you are using and the domain name of the web site from which you linked to our site. Additionally, when you view our Site, we may store some information on your computer. This information will be in the form of a “cookie” or similar file and can help us in many ways. For example, cookies allow us to tailor a web site to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
User Created Content. We promote and support active and open debate among our Registered Users through blogs, chat and/or message boards, and other portions of the Site permitting content posted by Registered Users (“User Content”). You are permitted to post User Content so long as all of your postings are done in a lawful and civil manner. We do not claim ownership of User Content; provided, however, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed. Moreover, if you submit photographs, videos, music, text or other content, it may be published online or offline (including on-air, on a CD or DVD, through wireless distribution, and transmission of soft copies, or any other media or format currently existing or hereafter developed), and we may publish your name, voice, likeness and other personal information in connection with publishing the User Content or a portion of the User Content, and we may use the User Content and any excerpt from the User Content in connection with advertising, marketing, publicity and promotional activities. You acknowledge and agree that User Content will be publicly available and that, as a result, you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
Email Communications. If you open emails from us, we may receive a confirmation noting you opened the email, if your computer supports such capabilities. We also may keep track of what emails we send you. Additionally, we keep a record of what communications you have opted to receive or not to receive.

Q2. How Do We Use the Information We Collect?
As applicable, the information you provide to us may be used to:

Send you newsletters and/or other email communications for which you have registered;
Contact you about the Kasey Kahne, his companies, and his sponsors via telemarketing, SMS text-messaging, e-mails or postal mailings (e.g., updates, new products and services, and upcoming events);
Contact you relating to your registration status;
Confirm or fulfill an order you have made;
To better understand your needs and how we can improve and enhance our services;
Customize the advertising and content you see;
Monitor compliance with our Terms and Conditions of Use and other applicable agreements and policies; and
For other purposes disclosed when you provide your information.
By using this Site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do-not-call registry or similar registry. Notwithstanding that your mobile number may be listed on state and/or federal do-not-call registries, we retain the right to contact you via text-message based marketing. In addition, by registering and/or using the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”). Notwithstanding that your telephone number may be listed at the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule.

Q3. With Whom Do We Share Your Information?
We may share your personal information with others under the following circumstances:

Affiliated Websites and Entities. We may use your personal information in connection with other websites directly affiliated with Kasey Kahne, including KaseyKahneFoundation.org, KaseyKahne.com, KKR9.com, and KlubKahne.com. We may also use your personal information in connection with Kasey Kahne promotions made in connection with Kasey Kahne’s personal sponsors and partners.
Service Providers. We may use other companies and individuals to perform supporting functions for products and services offered through the Site on our behalf. For example, from time to time, we may use a third-party advertising company to serve ads when you visit the Site. Such a company may use certain information (not including your name, address, email address or telephone number) about your visit to the Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, a third-party advertiser may place or recognize a unique cookie on your browser as discussed above.
Protection of Rights. We will release your personal information if we believe such action is appropriate to: (i) comply with legal process, (ii) enforce the Terms and Conditions of Use Agreement or (iii) identify, contact or bring legal action against persons who may be causing injury to you or a third party, or to otherwise protect the rights, property or personal safety of KKM, its employees, other Site users or others.
Asset Transfers. We continue to develop our charitable activities and in doing so might choose to buy other businesses, charities or assets. Personal information is generally one of the transferred assets acquired in such purchases. Also, if we choose to sell some or all of our assets, personal information, including the information collected from you through the Site, could be included in the transferred assets.
Additional Functionality. We may link personal information collected from you through various means, including information collected automatically through the use of cookies and purchase information, or other personal information you provide to help us (or our service providers and listing providers, partners or affiliates) offer content, including, without limitation, listing recommendations, advertisements, products and services that we believe will be of interest to you and pre-populate certain data-fields (to assist in your registration or subsequent use of the tools and/or services available on the Site).
Aggregate Data. In all other circumstances, we may use certain anonymous data automatically generated by our servers so that we can understand how to make the Site more convenient and useful to our audience. In addition, we may share this information, in aggregate form with our current and potential advertisers, service providers and listing providers, partners, affiliates and/or marketing allies so they can try to present advertisements in content more effectively. We may also aggregate information to share information with the public regarding products, services, content or tools that may be of interest to them.
Third Parties. We may provide other third parties with aggregate – but not individual – information about visitors to our Site. We do not now and do not intend to sell, rent or market personal information about you to third parties.
California Civil Code Section 1798.83 permits visitors of KKM who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: web@kaseykahne.com or write to us:

KASEY KAHNE MOTORSPORTS, INC.
Attention: WEBSITE ADMINISTRATOR
130 Infield Court
Mooresville, NC 28117

Q4. How Do We Protect Your Information?

Information Security. You understand and agree that “perfect” security does not exist anywhere, including the Internet. As a result, KKM cannot ensure or warrant the security of any information you transmit to KKM via its Site, and you do so at your own risk. Notwithstanding this fact, we use encryption/security software in our efforts to safeguard the confidentiality of the information we display and collect from unauthorized access or disclosure and accidental loss, alteration or destruction. Your information is kept on servers that are located behind a firewall.
Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.

Q5. What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by web sites linked to or from our Site nor the information or content contained therein. Please remember that when you use a link to go from our web site to another web site, or if you “click” on a button that takes you off of our Site and onto a different web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including web sites that have a link on our web site, is subject to that web site’s own rules and policies. Please read over those rules and policies before proceeding.

Q6. How Can You Change Your Information?
To revise or remove personal information you submitted on the Site during registration, the purchase of a product or service, or elsewhere you may contact us at info@kaseykahne.com to make such changes, you expressly authorize us to access your data for purposes of completing your requested modifications and/or deletions. If you would like us to no longer use your personal information, please e-mail us at info@kaseykahne.com with your request.

Q7. How Do I “Unsubscribe”?
You also have the ability to terminate e-mail correspondence from us at any time. You may be given the chance to opt out of direct mailings when you disclose your e-mail address to us. Further, all of our e-mail correspondence contains an “Unsubscribe” link at the conclusion of the message. To opt out, simply click the link, or, in the case of text messages, send an e-mail to the “Unsubscribe” URL listed in the e-mail, and you will be opted-out of future messages from that particular email service. To opt-out or request that we not use your personal information to market information to you, you also may e-mail info@kaseykahne.com with your request.

Q8. How Am I Notified of Material Changes to This Policy?
We reserve the right to change our privacy policies and procedures in any manner at any time in our sole discretion. If we make material changes to our privacy policies and procedures, we will post those changes on our Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Your Consent
By using the Site, you signify your agreement to the terms of this Policy. If material changes are made to this Policy, you will signify your agreement with the new Policy by continuing to use the Site thirty days after a notice of material change is posted.

The Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site or providing us with your information, you consent to this transfer.

Questions about this Privacy Policy
If you have any questions about this privacy policy or the privacy practices of this Site, contact us via email at web@kaseykahne.com or write to us:
KASEY KAHNE MOTORSPORTS, INC.
Attention: WEBSITE ADMINISTRATOR
130 Infield Court
Mooresville, NC 28117

Effective Date
This Privacy Policy is effective as of August 15, 2008.


Terms and Conditions

Read This “Terms of Use” Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 08/15/2008.
This website is an official website of Kasey Kahne and is ©Copyright Kasey Kahne Motorsports, Inc. Kasey Kahne Motorsports, Inc. and its parents, subsidiaries, owners, employees, agents and representatives shall be collectively referred to herein as “KKM”. KKM operate this website through agreements with Motorsports Management International, LLC (“MMI”) and its vendors. KKM, MMI, and their vendors are hereinafter collectively referred to as the “Operators” of the website. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of the KKM is not permitted.

This Terms of Use Agreement (hereinafter “Agreement”) sets forth the standards of use of the KKM Online Service (hereinafter “Service”). By using the kaseykahne.com, klubkahne.com, mmi98.com/kasey/, kaseykahnestore.com, kaseykahneracing.com, kkr9.com, kaseykahnefoundation.org, kaseykahnefoundation.com, kkf9.com, kkf9.org websites (each hereinafter a “KKM website”), you (hereinafter the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on any KKM website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. Unless explicitly stated otherwise, any new features that augment or enhances the current Service, including the release of new KKM properties, shall be subject to the Agreement.

1. Description of Service.
For this Service, Operators are providing the Member with an online information web site pertaining to the race car driver Kasey Kahne. Member must provide: (a) all equipment necessary for their own Internet connection, including computer and modem; (b) Member’s access to the Internet, and (c) payment of any fees relate with such connection.

2. Registration.
When you register on this KKM website, you must provide true, accurate and complete registration information. Should Operators suspect that your information is not accurate and complete – your account may be subject to suspension or termination. To comply with the Children’s Online Privacy Protection Act, at this time the KKM website is only available to users who are at least thirteen (13) years old. If you are under thirteen (13), you may not individually register to use the KKM website.

As part of the registration process, you will be asked to provide an email address, date of birth and to select a username and password. You, not the Operators or the website, will be responsible for all activities occurring under your username, and for keeping your password secure. Please read KKM’s Privacy Policy for additional information as to Operators’ handling of your personal information. Operators retain the right to revoke and/or terminate any Member’s registration and all privileges associated with such registration at any time, including for any violation of this Agreement.

3. Use of the Service.
You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: (a) use the Service to sell a product or service; (b) use the Service to increase traffic to your Web site for commercial reasons, such as advertising sales; (c) take the results from the Service and reformat and display them, or mirror any portion of the results on your Web site; and/or (d) use the Service as part of a “meta-search” offering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. If you are uncertain whether your intended use of the Service is permissible, please contact KKM. In addition, KKM shall have the right in its sole discretion to suspend or terminate the Service or your access to it.

4. Content.
“Content,” as used herein, is all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted. “Member Content” is any Content provided by and/or originating from a Member. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not the Operators or the website, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.

You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with any and all Content provided by and/or originating from a Member, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and/or permissions to use such Content and authorize Operators and the website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and this Agreement.

You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant KKM and the website all of the license rights granted herein.

You understand that Operators do not monitor or control the Content of information posted by Members, and instead simply provides a service by allowing Members to access information that has been made available. Because Operators do not control the Content posted via the Service, they do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Operators or the website be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Operators’ sole discretion as to what action should be taken, including suspension and/or termination of your account.

In addition, you agree to NOT use the Service to:

Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, email, transmit or otherwise make available any Content that shows nudity, partial nudity or adult content;
Upload, post, email, transmit or otherwise make available any Content that exhorts others to commit illegal acts;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, an official of Operators, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; repost Content that was deleted;
Post or submit links on behalf of someone else that was banned from the Service;
Allow usage by others in such a way as to violate this Agreement; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Members of the Service are able to type, or otherwise act in a manner that negatively affects other Members’ ability to engage in real time exchanges;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law;
“Stalk” or otherwise harass another;
Upload, post, email, transmit or otherwise make available any Content that includes personal or identifying information about another person without that person’s explicit consent;
Upload, post, email, transmit or otherwise make available any Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
Use KKM and the website as a forwarding service to another website;
Solicit passwords or personal identifying information for unintended, commercial or unlawful use from other Members;
Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so;
Upload, post, email, transmit or otherwise make available any Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; and/or
Collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge and understand that Operators may or may not pre-screen Content, but that Operators and their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content for any reason, including for example, content that is available via the Service. Without limiting the foregoing, Operators and their designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Operators or submitted to Operators and the website, including without limitation information in KKM message boards and in all other parts of the Service.

You acknowledge, consent and agree that Operators have the right to access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Operators and the website, its Members and the public. Further, Operators reserve the right to cooperate with legitimate law enforcement requests for information at their sole discretion.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Operators and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You agree that Operators and the website have no responsibility or liability for the Content maintained or transmitted by the Service. You acknowledge that Operators reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Operators reserve the right to modify these general practices and limits from time to time.

5. Termination of Account.
You agree that Operators may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, (h) engagement by you in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Services. Termination of your KKM/website account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Operators’ sole discretion and that Operators shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

6. Content Submitted for Inclusion.
Operators do not claim ownership of Content that you submit or make available for inclusion on the Service. However, with respect to Content that you submit or make available for inclusion in “publicly accessible” areas of the Service, you grant KKM a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. You agree never to sue Operators for use of said Content. Any copyright owner will cooperate with Operators to register such copyright should KKM need to enforce its licensed rights against others. “Publicly accessible” areas of the Service are those areas of the KKM network of properties that are intended by Operators to be available to the general public, including, without limitation, message boards, story submissions and/or all other areas of the site accessible by the general public.

7. Disclaimer of Warranties.
THIS SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER TO THE FULLEST EXTENT ALLOWED BY LAW. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED. OPERATORS AND THEIR LICENSORS ALSO DISCLAIM ANY WARRANTIES REGARDING THE USE OR RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, AND/OR REALIBILITY, AS WELL AS REGARDING THE SECURITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. KKM AND ITS LICENSORS ADDITIONALLY DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED FROM MEMBERS OR THROUGH AND LINKS PROVIDED BY THE SERVICE, AND FOR ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

8. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL OPERATORS OR THEIR LICENSORS BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OPERATORS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
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.

Without limiting the foregoing, under no circumstances shall Operators or their licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

9. Indemnity and Hold Harmless.
You agree to hold harmless and indemnify Operators, and, from and against any third party claim arising from or in any way related to your use of the Service, including without limitation any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another. The foregoing includes, without limitation, indemnity for any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Operators will provide you with written notice of such claim, suit or action.

10. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Operators and their employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

11. Modifications and Interruption to Service.
Operators reserve the right to modify or discontinue the Service with or without notice to the Member. Operators shall not be liable to any Member or any third party should Operators exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Operators does not guarantee continuous, uninterrupted or secure access to our website and operation of the KKM website may be interfered with or adversely affected by numerous factors or circumstances outside of Operators’ control.

12. Third-Party Sites.
KKM’s website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Operators are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Operators have no responsibility related thereto. We encourage all Members to review the terms of use and privacy policies of third-parties’ sites.

13. Disclaimer Regarding Accuracy of Vendor Information.
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Operators make every effort to ensure that the information on this website is accurate, they can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Operators make no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.

14. Governing Jurisdiction of the Courts North Carolina.
KKM’s website is operated and provided in the State of North Carolina. As such, KKM’s website operations is subject to the laws of the State North Carolina, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. Operators make no representation that its website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access KKM’s site you agree to do so subject to the internal laws of the State North Carolina.

15. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

16. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Kasey Kahne Motorsports, with all rights reserved, or is the property of KKM and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of KKM is strictly prohibited. Member agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy KKM’s web pages or the content contained therein without prior written permission of an authorized officer of KKM.

kaseykahne.com, klubkahne.com, mmi98.com/kasey/, kaseykahnestore.com, kaseykahneracing.com, kkr9.com, kaseykahnefoundation.org, kaseykahnefoundation.com, kkf9.com, kkf9.org are proprietary marks of KKM. KKM’s trademarks may not be used in connection with any product or service that is not provided by KKM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KKM. All other trademarks displayed on KKM’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with KKM.

17. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, KKM designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: Kasey Kahne Motorsports, Inc, 215 Overhill Dr., Suite A, Mooresville, NC 28117, By Telephone: 704.235.5789, By Email: web@kaseykahne.com

18. Botnets.
Operators retain the right, at their sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Operators reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at their discretion.

19. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Operators, in their sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.

20. Privacy Policy
This site’s Privacy Policy, which is available here (http://www.kaseykahne.com/page.php?_=privacy), is hereby incorporated in these Terms of Use. By using this website, you consent to the collection and use of your information as we have outlined in the Privacy Policy. Operators may decide to change this Privacy Policy from time to time, and further use of the website following changes shall be deemed acceptance and acknowledgment of said changes. In the event of an inconsistency between this Agreement and KKM’s Privacy Policy, this Agreement shall control.

21. Products and/or Services
Features, specifications, and prices of any products described, displayed, or depicted on KKM’s website are subject to change at any time without notice. Some weights and measures may be approximate. The KKM website may refer to products and services that are generally available for purchase in the forty-eight (48) continental United States, Alaska and Hawaii, but may not be available in a Member’s particular country or locality. The reference to any such products or services on the KKM website does not imply, infer, or warrant that any such products or services are or will be available at any time.