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Terms of Use

I-SimRace Terms of Service

 

The following Terms of Service Agreement (the “TOS“) is a legally binding agreement that governs the

relationship between I-SimRace, LLC(“I-SIMRACE“), with registered office at 1415 Mesa Creek San

Antonio, Texas 78258  and our users in connection with the use of the website located at

www.isimrace.com(the “Site“), or the other current and future online and mobile websites, platforms,

services, applications, and networks owned or operated by I-SIMRACE (the Site and these other

websites, platforms, services, applications and networks constituting the “Service“).

ACCEPTANCE OF TERMS

PLEASE READ THIS TOS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS IN THIS TOS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN

THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICE.

 

USE OF THE SERVICE

User Accounts; Registration. Any and all users of the Service, whether they are registered account

holders or not, are considered “users“ of the Service for purposes of this TOS. Once an individual

registers for the Service and creates an account through the Service (“Account“), the user is then be

considered a “member.“ Please see the discussion below as to restrictions on who may create an

Account and otherwise access our Services. To register and become a member of the Service, you must

be at least 16 years of age. No one under the age of 16 years may create an account or otherwise become a

member of the Service. In addition, you must be in good standing and not an individual that has been

previously barred from receiving I-SIMRACE services under the laws and statutes of the United States or

other applicable jurisdiction. Individuals under the age of majority may become “users“ of the Services

but only under the circumstances described in these Terms of Service and the incorporated Privacy

Policy.

 

Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent

that (i) you will furnish factual, correct, current and complete information with regard to yourself as may

be requested by the data registration process, (ii) you will maintain and promptly update your

registration and profile information in an effort to maintain its accuracy and completeness at all times,

(iii) your use of the Service and your use of services available on the Service do not violate any applicable

law or regulation, and (iv) you are 16 years of age or older. If you knowingly provide any a false, untrue,

inaccurate or incomplete information, I-SIMRACE will have the right to suspend or terminate your

Account (and your right to use the Service), and to prohibit your further use of (or refuse to accept any

attempt to use) the Service, or any portion thereof.

 

 

Use of the Service by Minors. It is I-SIMRACE’s priority to ensure the safety and privacy of all its visitors,

users and members of the Service, especially that of children. Accordingly, children under the age of 16 years

are prohibited from creating Accounts and otherwise using the Service. The Service and our offerings are

not targeted towards children under the age of 16 years. All individuals who wish to participate in simulated

racing experiences that we offer (“SRE “) may be required to establish an Account. Since children under

the age of 16 years are not allowed to create their own Account, a parent or legal guardian may create an

Account for himself/herself that additionally identifies the name of one or more minor(s) under their

legal control. While the inclusion of the name of a minor(s) on the Account of a parent or legal guardian

will be sufficient to enable the applicable minor(s) to access SRE (subject to any other conditions of

admittance, including the provision of a Release of Liability (“Acknowledgement and Express

Assumption of Risk and Release of Liability“) signed by a parent or legal guardian), the parent or legal

guardian expressly agrees that the applicable minor(s) will not otherwise be allowed to access the

Account of the parent or legal guardian or access any of the Services offered to members.

 

PRIVACY POLICY

In connection with your use of the Service, please review our Privacy Policy, located at isimrace.com to

understand how we use information we collect from you when you access, visit or use the Service. The

Privacy Policy is part of and is governed by this TOS and by agreeing to this TOS, you agree to be bound

by the terms of the Privacy Policy and agree that we may use information collected from you in

accordance with its terms.

 

CONDUCT

 

You agree not to make use of the Service for the purpose of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that may be

deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,

libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise

objectionable;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any I-SIMRACE officials, forum

leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual

or entity;

d) uploading, posting, emailing, transmitting or otherwise offering any content that you personally do

not have the right to offer pursuant to any applicable law, or by reason of any contractual or fiduciary

relationship with one or more third parties;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe

upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

 

f) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized

advertising, promotional flyers, “junk mail,“ “spam,“ or any other form of solicitation, except in any such

areas that may have been designated for this purpose;

g) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a

software virus or other computer code, any files and/or programs which have been designed to

interfere, destroy and/or limit the operation of any computer software, hardware, or

telecommunication equipment;

h) disrupting the normal flow of communication, or otherwise acting in any manner that would

negatively affect other users‘ ability to participate in any real time interactions;

i) interfering with or disrupting any of our Services, servers and/or networks that may be connected or

related to the Site, including, but not limited to, the use of any device software and/or routine to bypass

the robot exclusion headers;

j) intentionally or unintentionally violating any local, state, federal, national or international law,

including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and

Exchange Commission, in addition to any rules of any nation or other securities exchange, that would

include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ,

and any regulations having the force of law;

k) providing informational support or resources, concealing and/or disguising the character, location,

and or source to any organization delegated by the United States government as a “foreign terrorist

organization“ in accordance to Section 219 of the Immigration Nationality Act;

l) “stalking“ or with the intent to otherwise harass another individual; and/or

m) collecting or storing of any personal data relating to any other member or user in connection with

the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

 

OUR RIGHT TO MANAGE THE SERVICE; USER MISCONDUCT

Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i)

monitor or review the Service for violations of this TOS and for compliance with our policies; (ii) report

to law enforcement authorities and/or take legal action against anyone who violates this TOS; (iii)

refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent

technologically feasible) any content or functionality on the Service or any portion of the content or

functionality on the Service; (iv) manage the Service in a manner designed to protect our and third

parties‘ rights and property or to facilitate the proper functioning of the Service; (v) screen our users or

members, or attempt to verify the statements of our users or members, and/or (vi) monitor disputes

between you and other users or to terminate or block you and other users for violating this TOS.

Interactions with other Users. You are solely responsible for your interactions with other users of the

Service. Please note that there are risks that may arise when dealing with strangers, including persons

who may be acting under false pretenses. Please choose carefully the information you post on the

Service and that you give to other users of the Service. You are discouraged from publicly posting your

 

telephone number or street address on the Service. Information posted to the Service by other users of

the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or

deceptively labeled. You assume all risks associated with dealing with other users with whom you come

in contact through the Service. Opinions and other statements included in User Content (as defined in

Section 8 below) do not represent the opinions or statements of I-SIMRACE and the posting of User

Content on the Service does not constitute I-SIMRACE support or endorsement of any opinions or

statements expressed in the applicable Contribution.

Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS TOS, WE RESERVE

THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND

USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, IN WHOLE OR IN

PART, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN

THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.

 

 

EXPORT CONTROLS

 

You are responsible for complying with United States export controls in connection with your use of the

Service and for any violation of these controls, including any United States embargoes or other federal

rules and regulations restricting exports. You represent, warrant and covenant that you are not (a)

located in, or a resident or a national of, any country subject to a U.S. government embargo or other

restriction, or that has been designated by the U.S. government as a “terrorist supporting“ country; or

(b) on any of the U.S. government lists of restricted end users.

 

CONTENT YOU PROVIDE THROUGH THE SERVICE

As a member of the Service, you may be able to upload, submit, store, send or receive content (“User

Content“). You are entirely responsible for the content of, and any harm resulting from, any User

Content that you post on or through the Service. You retain ownership of any intellectual property rights

that you hold in the User Content. In short, what belongs to you remains yours. However, when you

upload, submit, store, send or receive content to or through the Service you hereby grant I-SIMRACE the

following non-exclusive, worldwide, fully paid, royalty-free, perpetual, irrevocable licenses:

a) With respect to any User Content submitted or made available for inclusion on areas of the Service

that are not publicly accessible, a continuous, binding license to permit us to use, distribute, reproduce,

modify, adapt, publicly perform and/or publicly display the applicable Content on the Service, for the

purpose of providing and promoting the specific feature of the Service where you posted the applicable

User Content and/or made it available for viewing.

b) With respect to any User Content submitted or made available for inclusion on the publicly accessible

areas of the Service, a continuous, binding and completely sub-licensable license to permit us (and our

sublicensees) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or

 

publicly display the applicable User Content, whether in whole or in part, and to incorporate the

applicable User Content into other works in any arrangement or medium currently used or later

developed.

Those areas which may be deemed “publicly accessible“ areas of the Service are those areas which are

meant to be available to the general public, and which would include message boards and groups that

are openly available to both visitors and members. Areas on the Service which are not open to the

public, would include our mail system and instant messaging within the Service.

Notwithstanding the foregoing, any content that we provide to you through the Service (whether in the

form of text, photos, videos or otherwise) or any content that we permit you to create using the

interactive software tools available as part of the Service (e.g., the creation of an avatar or other digital

personality), whether or not you submit or make the content you creates available for inclusion on the

Service, in whole or in part, shall, as between you and us, be and at all times remain solely owned by

and be the property of I-SIMRACE.

 

FEEDBACK REGARDING THE SERVICE

The Service may include an area for our users and members to contribute feedback regarding the

Service. When you submit ideas, documents, suggestions and/or proposals (“Feedback“) through the

Service, you acknowledge and agree that:

a) your Feedback does not contain any type of confidential or proprietary information;

b) I-SIMRACE shall not be liable or under any obligation to ensure or maintain confidentiality, expressed

or implied, related to any Feedback;

c) I-SIMRACE shall be entitled to make use of and/or disclose any Feedback in any manner as it may see

fit;

d) Your Feedback shall automatically become the sole property of I-SIMRACE; and

e) I-SIMRACE is under no obligation to either compensate or provide any form of reimbursement in any

manner or nature in connection with your submission of any Feedback.

 

INDEMNITY

You hereby agree, at your expense, to indemnify, defend and hold harmless, I-SIMRACE, its officers,

directors, investors, members, managers, partners, affiliates, employees, agents, service providers and

other contractors from and against any loss, cost, damages, liability and/or expense, including

reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought

against I-SIMRACE based on any User Content you submit, post, modify, transmit or otherwise make

available through the Service, your use of the Service or your connection with Service, your violations of

the Terms of Service and/or your violation of any rights of another person. You will not be required to

indemnify and hold I-SIMRACE harmless from and against any claims, liabilities, damages, losses, or

expenses resulting from I-SIMRACE’s own negligent conduct.

 

 

CANCELLATION AND TERMINATION

As a member of the Service, you may cancel or terminate your Account, associated email address and/or

access to the Service by submitting a cancellation or termination request using our Contact Us form

located here https://vradventures.net/contact/ .

 

LINKS TO THIRD PARTY SITES

The Service may contain links to websites operated by third parties (“Third Party Sites“). You may be

able to share User Content or other information with Third Party Sites through links on the Service;

however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot

review, all of the material, including goods or services, made available through Third Party Sites. The

availability of these links on the Service does not represent, warrant or imply that we endorse any Third

Party Sites or any materials, opinions, goods or services available on them. Third party materials

accessed through or used by means of the Third Party Sites may also be protected by copyright and

other intellectual property laws. THIS TOS DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A

THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU

SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM

YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

 

I-SIMRACE’S PROPRIETARY RIGHTS

The Service contains proprietary and confidential material that is protected by applicable intellectual

property rights and other laws. Therefore, except as expressly permitted by applicable law or as

authorized by I-SIMRACE or an applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,

distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based

on the Service, in whole or part.  I-SIMRACE grants you a personal, non-transferable and non-exclusive

right and/or license to make use of the object code for the Service on a single computer, smart phone,

tablet or similar mobile device, as long as you do not, and shall not, allow any third party to duplicate,

alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an

attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or

otherwise transfer any rights in the Service. Furthermore, you agree not to alter or change the Service in

any manner, nature or form, and not to use any modified versions of the Service. You also agree not to

access or attempt to access the Service through any means other than through the interface which is

provided by I-SIMRACE for use in accessing the Service. You acknowledge, understand and agree that all

of I-SIMRACE’s trademarks, copyright, trade name, service marks, and other I-SIMRACE logos and any

brand features, and/or product and service names are trademarks that are owned by I-SIMRACE and

shall remain the property of I-SIMRACE. You agree not to display and/or use I-SIMRACE logo or marks

unless expressly agreed in writing by I-SIMRACE.

 

WARRANTY DISCLAIMERS

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF I-SIMRACE’S SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES AND

SOFTWARE ARE PROVIDED ON AN “AS IS“ AND/OR “AS AVAILABLE“ BASIS. I-SIMRACE AND OUR

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY

DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT.

b) I-SIMRACE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS

MAKE NO WARRANTIES THAT (I) I-SIMRACE’S SERVICES OR SOFTWARE WILL MEET YOUR

REQUIREMENTS; (II) I-SIMRACE’S SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE

OR ERROR-FREE; (III) RESULTS WHICH MAY BE OBTAINED FROM THE USE OF I-SIMRACE’S SERVICES OR

SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ANY

INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR

SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) ANY SUCH ERRORS CONTAINED IN

THE SERVICE OR SOFTWARE WILL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF I-SIMRACE’S

SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOU AT YOUR SOLE DISCRETION AND SOLE RISK, AND

YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF

ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS RESULTING

FROM SUCH DOWNLOADING AND/OR DELIVERY, OR FOR ANY LOSS OF DATA THAT COULD RESULT

FROM THE DOWNLOADING OR DELIVERY OF ANY SUCH INFORMATION OR MATERIAL.

D) NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU

FROM I-SIMRACE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY

WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

HEALTH RISKS

A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN

EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER

SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN

CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY

PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN

EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING

SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS

OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND

AGREE THAT I-SIMRACE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,

PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,

SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES

WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER

 

INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID

DAMAGES MAY OCCUR, AND RESULT FROM:  A) THE USE OR INABILITY TO USE OUR SERVICE;  B) THE

COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;  C) UNAUTHORIZED ACCESS TO OR THE

ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;  D) STATEMENTS OR CONDUCT OF ANY SUCH

THIRD PARTY ON OUR SERVICE;  E) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR

THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND

LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

NOTICES

 

I-SIMRACE may furnish you with notices, including notices relating to any changes to the TOS, through

email, regular mail, MMS or SMS, text messaging, postings on the Service, or other reasonable means

currently known or any which may be herein after developed.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

I-SimRace, LLC respects the intellectual property rights of others, and we ask that all of our users and

members do the same. When appropriate, as determined in our sole discretion, I-SIMRACE may disable

and/or terminate the Accounts of any member who violates our TOS and/or infringes the rights of

others. If you feel that your work has been duplicated in such a way that would constitute copyright

infringement, or if you believe your intellectual property rights have been otherwise violated, you

should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of

the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been

infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by

the copyright owner, its agents or the law;

 

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your

notice is the truth and accurate, and that you are the copyright or intellectual property owner,

representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

 

 

CHANGES TO THIS TOS

I-SIMRACE reserves the right to update and/or change the terms of this TOS. We will notify you of

material changes to this TOS by providing display notice on the Site. Accordingly, you are responsible for

periodically reviewing this TOS so that you are informed about the specific terms and conditions in this

TOS as then in effect. If you do not agree to the changes, you should discontinue your use of the Service

prior to the time the modified TOS takes effect. If you continue using the Service after the modified TOS

takes effect, you will be bound by the modified TOS. Where practical, we will try and provide advance

notice of changes to this TOS, but if the TOS is reviewed only at our kiosks during a periodic visit to a

SRE, or is not reviewed online or elsewhere regularly, you may not receive actual advance notice of

changes.

 

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and I-SIMRACE and shall govern the use of our

Services, superseding any prior version of this TOS between you and us with respect to I-SIMRACE’s

Services. You may also be subject to additional terms and conditions that may apply when you use or

purchase certain other of our Services, affiliate Services, third-party content or third-party software.

 

LEGAL DISPUTES AND ARBITRATION AGREEMENT

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your

Right to File a Lawsuit in Court

Initial Dispute Resolution. We are available by email at support@isimrace.com to address any concerns

you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner.

Each of you and I-SIMRACE agree to use best efforts to settle any dispute, claim, question, or

disagreement directly through consultation and good faith negotiations which shall be a precondition to

either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty

(30) days from the time informal dispute resolution is pursued pursuant to sections above, then either

party may initiate binding arbitration. All claims arising out of or relating to this TOS (including their

formation, performance and breach), the parties‘ relationship with each other and/or your use of the

Service shall be finally settled by binding arbitration administered on a confidential basis by AAA, in

accordance with the American Arbitration Association, excluding any rules or procedures governing or

permitting class actions. Each party will have the right to use legal counsel in connection with arbitration

at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA

 

American Arbitration Association Rules and Procedures. The arbitrator, and not any federal, state or

local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to

the interpretation, applicability, enforceability or formation of this TOS, including, but not limited to, any

claim that all or any part of this TOS is void or voidable. The arbitrator shall be empowered to grant

whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in

writing and provide a statement of the essential findings and conclusions, shall be binding on the parties

and may be entered as a judgment in any court of competent jurisdiction. The interpretation and

enforcement of this TOS shall be subject to the Federal Arbitration Act.

The AAA rules governing the arbitration may be accessed at AAA Rules, Forms & Fees | ADR.org. If you

initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S.

Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the

filing fees, you should submit a request for payment of fees to AAA along with your form for initiating

the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. We will also be

responsible for paying all other arbitration costs arising in connection with the arbitration other than

costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not

constituting fees or amounts payable to AAA. You will not be required to pay fees and costs incurred by

I-SIMRACE if you do not prevail in arbitration.

The parties understand that, absent this mandatory provision, they would have the right to sue in court

and have a jury trial. They further understand that, in some instances, the costs of arbitration could

exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and I-SIMRACE each further agree that any arbitration

shall be conducted in your respective individual capacities only and not as a class action or other

representative action, and you and I-SIMRACE each expressly waive your respective right to file a class

action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set

forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a

class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety

and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims. Notwithstanding the parties‘ agreement to resolve all disputes

through arbitration, either party may seek relief in a small claims court for disputes or claims within the

scope of that court’s jurisdiction.

30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class

action waiver provisions set forth above by sending written notice of your decision to opt-out to the

following email: support@isimrace.com.com. The notice must be sent within thirty (30) days of

registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the

terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by

them.

Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply,

the parties agree that any litigation between them shall be filed exclusively in state or federal courts

located in the County or Clark, Nevada. The parties expressly consent to exclusive jurisdiction in the

County of Clark, Nevada for any litigation.

 

Applicable Law. You agree that federal laws and the laws of the State of Nevada, without regard to

principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen

or may arise between you and I-SIMRACE.

NOTICE TO NEW JERSEY USERS

Notwithstanding any terms set forth in this TOS, if any of the provisions set forth in Sections 14, 16 or 23

are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not

apply to you but the rest of this TOS shall remain binding on you and I-SIMRACE. In addition, for New

Jersey residents, the limitation on liability is inapplicable where attorneys‘ fees, court costs, or other

damages are mandated by statute. Notwithstanding any provision in this TOS, nothing in this TOS is

intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-

Consumer Contract, Warranty and Notice Act.

NOTICE TO CALIFORNIA USERS

 

Under California Civil Code Section 1789.3, users located in California are entitled to the following

consumer rights notice: We are located at 3200 S Las Vegas Blvd, Las Vegas NV, 89109. If a user has a

question or complaint regarding the Service, please send an email to support@isimrace.com. California

residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California

Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA

95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

WAIVER AND SEVERABILITY OF TERMS

If I-SIMRACE fails to exercise or enforce any right or provision of this TOS, the applicable failure shall not

constitute a waiver of the applicable right or provision. If any provision of this TOS is found by a court of

competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to

give effect to the parties‘ intentions as reflected in the provision, and the other provisions of the TOS

shall remain in full force and effect.

 

ASSIGNMENT

I-SIMRACE may assign or license this TOS or any part thereof, and may delegate any of its obligations

hereunder. You may not assign this TOS or any part thereof, nor transfer or sublicense your rights

hereunder.

 

QUESTIONS ABOUT THE SERVICE OR THIS TOS

 

If you have any questions or concerns about the Service or this TOS, you may contact us at:

 

 

Mailing Address:

i-SimRace, LLC

1415 Mesa Creek

San Antonio, Texas 78258

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