Terms of Use
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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
