Terms of Use Agreement
Please read these Terms of Use carefully before using this site. By using this site, you agree to these Terms of Use, as amended from time to time with or without notice to you. K1 Speed, Inc., reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and you agree to be bound by such modifications, alterations or updates. This site and the services provided to you are provided on an “AS IS” basis. You agree that K1 Speed reserves the right to modify or discontinue this site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. K1 Speed will not be held responsible or liable for timeliness of or removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
Trademarks, Copyrights & Restrictions
This site is controlled and operated by K1 Speed. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by trademarks or copyrights which are owned and controlled by K1 Speed or by other parties that have licensed their material to K1 Speed (collectively “Intellectual Property”). Material from www.k1speed.com or any web site owned, operated, licensed or controlled by K1 Speed (the “Web Sites”) may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the Intellectual Property and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other Web site or networked computer environment is prohibited.
Privacy
Review our Privacy Policy
Disclaimer
The materials in the Web Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, K1 Speed disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. K1 Speed does not warrant that the functions contained in the Web Sites (the “Service”) will be uninterrupted, error-free, accurate, reliable, of any quality, that defects will be corrected, or that the Web Sites or the server that makes them available are free of viruses or other harmful components, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. K1 Speed does not make any representations regarding the use or the results of the use of the materials in the Web Sites in terms of their correctness, accuracy, reliability, or otherwise. Visitors (and not K1 Speed) assume the entire cost of all necessary servicing, repair or correction. You understanding and agree that K1 Speed does not provide professional advice of any kind and that any advice or any other information obtained via the Web Sites may be used solely at your own risk. Applicable law may not allow the exclusion of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other Terms of Use remain enforceable notwithstanding. The material that visitors read in the Web Sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in any bulletin boards, chat rooms, or other forums including social media outlets which may be conducted on the Web Sites (collectively “Forums”) are not necessarily those of K1 Speed or its affiliated or related entities or content providers and K1 Speed makes no representations or warranties regarding that information or those opinions. Furthermore, neither K1 Speed, nor its content providers is responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the Web Sites.
Submissions
universe, and K1 Speed shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When visitors submit material to K1 Speed or the Web Sites, visitors agree that K1 Speed has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
K1 Speed is not responsible for any material posted on its Forums, including, but not limited to social media sites such as Facebook, Twitter, etc. Visitors shall not submit or otherwise publish through such Forums any content which:
a. libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening;
b. infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
c. violates any law;
d. advocates illegal activity;
e. advertises or otherwise solicits funds or is a solicitation for goods or services;
f. impersonates or misrepresents your association with any person or entity; or
g. conceals or misrepresents the origin thereof.
Indemnification
You agree to indemnify and hold harmless K1 Speed and its representatives, subsidiaries, affiliates, related parties, officers, directors, shareholders, employees, agents, representatives, independent contractors, advertisers, partners, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or in connection with the Web Sites, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT K1 SPEED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF K1 SPEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THE WEB SITES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.
In some jurisdictions, K1 Speed is not permitted to limit liability, and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, K1 Speed maximum liability shall be limited to $100.00.
Waiver of Punitive Damage Claims & Class Actions
By this Agreement, you and K1 Speed both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Reservation of Rights
K1 Speed reserves all rights, including but not limited to any and all Intellectual Property, patents, trade secrets, and any other proprietary right that it may have in respect to the Web Sites, the content thereof, and goods and services that may be provided. By making services available to you, K1 Speed is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Web Sites or services or any and all Intellectual Property, patents, trade secrets and any other proprietary right that K1 Speed may have with respect to the Web Sites without K1 Speed prior written consent.
Notification of Infringement of Intellectual Property Rights
If you believe that your property has been used in any way that could be considered an infringement or a violation of any intellectual property rights, please contact K1 Speed at:
K1 Speed, Inc.
Attn: General Counsel
18500 Von Karman Ave, Suite 1100
Irvine CA, 92612
Applicable Law
You agree that these Terms of Use and any dispute arising out of your use of the Web Sites or products or services provided will be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California. Any action visitors, any third party or K1 Speed bring to enforce, in connection with these Terms of Use or any matters related to the Web Sites shall be brought only in either the state or federal courts located in Irvine, California, and visitors expressly consent to the jurisdiction of said courts. By using the Web Sites, you accept that jurisdiction is granted to the courts of California located in Orange County, and that any disputes will be heard by said courts.
Unless otherwise specified, the materials in the Web Sites are presented solely for the purpose of entertainment and promoting programs, services and other products available in the United States, its territories, possessions, and protectorates. The Web Sites are controlled and operated by K1 Speed from its offices within the State of California, United States of America. K1 Speed makes no representation that materials in the Web Sites are appropriate or available for use in other locations. Those who choose to access the Web Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by K1 Speed.