Terms and Conditions

Introduction

Thank you for visiting VisionRacer's Web site, which is a service provided by VRI (NZ) Ltd t/a SimRoom ("VisionRacer" or "we" or "us"), and is located at visionracer.com (the "Site"). This page sets out the terms and conditions ("Terms and Conditions") which will govern your use of the Site and compliance with these rules is a condition to your use of the Site. We reserve the right to modify these Terms and Conditions. Accordingly, please review this page often. VisionRacer will give notice of changes to the Terms and Conditions by posting the revised Terms and Conditions on this Site, together with the date the Terms and Conditions were last updated. Modifications will be effective immediately upon posting.  Your continued use of this Site indicates your agreement to be bound by the modified Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, promptly exit this Site.  If you have any questions regarding these Terms and Conditions, please email your questions to ask@visionracer.com. Should you choose to subscribe to any VisionRacer services, you must also agree to the Master Services Agreement, which contains additional terms of service.

Section A - User Information

User Information

By using this Site, (1) you represent and agree that you are bound by these Terms and Conditions; and (2) you have read VisionRacer's Privacy Policy (visionracer.com/global/privacy.html) and consent to the use of your personal information by VisionRacer and others in accordance with the terms of and for the purposes set forth in VisionRacer's Privacy Policy.

Section B - Ownership and Copyright

Ownership and Copyright

All pages within this Site and any material made available for download are the property of VisionRacer, its subsidiaries, affiliates, vendor and/or licensors.
The Site is protected by New Zealand and international copyright and trademark laws.
Any rights not expressly granted herein are reserved.

The contents of the Site, including without limitation any materials accessed through or made available for use or download through this site are copyrighted and may not be copied, distributed, modified, or used, in whole or in part, without the prior written consent of VisionRacer, except that you may download content from the Site to any single computer for your personal use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements.  No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

You do not acquire ownership rights to any content, document or other materials viewed through the Site.  The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  All software used on this Site is the property of VisionRacer or its software suppliers and protected by New Zealand and international copyright laws.

Section C - License; Restrictions on Use

License; Restrictions on Use

VisionRacer hereby grants you a limited, nonexclusive, revocable, and non-transferable license to use and access the Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices, and pursuant to the requirements and restrictions of these Terms of and Conditions. If you have purchased an online subscription to the Site, it is personal to the individual whose name appears in the first and last name field of the subscription order form and it cannot be shared with or used by any other individual or entity. You may not frame or utilize framing techniques to use, surround or enclose any of VisionRacer's names, trademarks, service marks, logo, or other proprietary information (including; images, text, page layout, or form) of VisionRacer and/or our affiliates or subsidiaries without VisionRacer's express written consent.  You may not use any meta tags or any other "hidden text" utilizing VisionRacer name or trademarks without the express written consent of VisionRacer.

As a condition of your use of this Web site, you warrant to VisionRacer that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree not to deep-link to the site for any purpose, unless specifically authorized by VisionRacer to do so.  If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.  Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by VisionRacer. If you use the materials other than as permitted in this license, you will be violating VisionRacer's copyright and other proprietary rights.

Section D - Trademark Notice

Trademark Notice

VisionRacer is a trademark owned by VisionRacer. VisionRacer's trademarks may not be used in connection with any product or service that is not VisionRacer's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits VisionRacer.  All other trademarks and logos used in this Site are the trademarks, service marks or logos of their respective owners. VisionRacer does not make any claims to the marks of others which might appear on the Site.  You gain no right to use any marks of VisionRacer or any other entity by virtue of your use of this Site.

Section E - Confidential And Proprietary

Information/Visitor Submissions

Confidential and Proprietary Information/Visitor Submissions

Please refer to our Privacy Policy (simroom.com/global/privacy.html) for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Site.  By accessing, using or browsing this Site, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy.  If you do not agree with our Privacy Policy, do not use this Site.  All remarks, suggestions, ideas, graphics, or other information communicated to VisionRacer through its Site (collectively, the "Submission") will forever be the property of VisionRacer.  VisionRacer will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future VisionRacer products or operations.  Without limitation, VisionRacer will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere.  VisionRacer will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.  You acknowledge that you are responsible for whatever material you submit, and you, not VisionRacer, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

You agree not to try to access and not to access any information through the Site which does not pertain to you and which you are not properly authorized to receive.  You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify VisionRacer of the unauthorized access, and assist VisionRacer in identifying and correcting the circumstances which permitted such unauthorized access.  You will keep confidential all information you receive concerning another individual or entity confidential, shall not use such information, shall return such information to VisionRacer immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form.

Section F - Security

Security

You may be required to enter a valid User I.D. and password ("Access Codes") to access certain areas of the Site or to purchase products.  It is your sole responsibility to monitor and control use of these Access Codes for all purposes.  You accept all responsibility for the security of your Access Codes, and utilization of the Site via the Access Codes.  You agree that you shall be solely liable for all authorized and unauthorized access using the Access Codes.   Do not disclose your Access Codes to anyone not authorized to act on your behalf. VisionRacer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section F

Section G- Forward Looking Statements

Forward-Looking Statements

The Site may contain forward-looking statements regarding VisionRacer's business, customers, partners, future products and services or other factors that may affect future earnings or financial results.  Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements.  Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.

Section H -Disclaimer of Warranties

Disclaimer of Warranties

VisionRacer DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES, ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITH ALL FAULTS. VisionRacer MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

VisionRacer SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE.  VisionRacer DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

VisionRacer DOES NOT WARRANT THAT ANY FILES IT MAKES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING.  YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.  YOU AGREE THAT VisionRacer SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET, INCLUDING ANY SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VisionRacer OR VisionRacer AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Section I - Violation of the Terms and Conditions

Violation of the Term and Conditions

You understand and agree that in VisionRacer's sole discretion, and without prior notice, VisionRacer may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if VisionRacer believes that the information you provide has violated or is inconsistent with these Terms and Conditions, or violates the rights of VisionRacer, or any third party, or violates the law. 

You agree that monetary damages may not provide a sufficient remedy to VisionRacer for violations of these Terms and Conditions and you consent to injunctive or other equitable relief for such violations. VisionRacer may release user information about you if required by law or subpoena.

Section J - Limitation Of Liability Regarding

Use Of Site Limitation of Liability From Use of Site

VisionRacer AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INJURIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR INABILITY TO USE THE SITE, SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE,  ANY USE, PERFORMANCE, OR POSSESSION OF THIS SITE, ANY HYPERLINKED WEB SITE, ANY DEFECT IN THE SITE OR ITS CONTENTS, AND/OR ANY BREACH OF THESE TERMS AND CONDITIONS. THIS LIMITATION APPLIES (A) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND (B) REGARDLESS OF WHETHER OR NOT VisionRacer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF THE EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN VisionRacer, AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANY SUBSCRIPTION OR MEMBERSHIP FEE WHICH YOU MAY HAVE PAID FOR THE SERVICE.

Section K - Indemnity

Indemnity

You agree to indemnify and hold VisionRacer, and its subsidiaries, affiliates, officers, agents, vendors, licensors, and other partners and employees, harmless from any loss, liability, injury (including injuries resulting in death), claim, or demand, including reasonable attorneys' fees and costs, of any kind due to, arising out of, or relating to your use of the Site or its content, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms and Conditions.

Section L - Accuracy and Integrity of Information

Accuracy and Integrity of Information

Although VisionRacer attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site.  It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform VisionRacer so that it can be corrected.  Information contained on the Site may be changed or updated without notice.

Section M - Visitor/Member Chat Rooms And Other Interactive Areas

Forums and Other Interactive Areas

You may post or submit comments, content and other materials so long as it is not illegal, vulgar, obscene, sexually explicit, threatening, harmful, defamatory, harassing, abusive, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

VisionRacer reserves the right, but is not obligated to, monitor, filter, or review any areas of the Site, including the conduct, where visitors or users transmit or post communications, content, or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such communications. VisionRacer, however, will have no liability related to the content of any such communications. VisionRacer retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. The maker of any such material agrees to indemnify and hold VisionRacer harmless from and against any claim or suit, including damages, costs and attorney fees, brought by any governmental agency or third party as a result of the making of such material.

By providing these materials to VisionRacer, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted VisionRacer an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against VisionRacer for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to VisionRacer.

Section N - DMCA Policy

DMCA Policy

As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site: David Harvey, VRI (NZ) Ltd t/a SimRoom, PO Box 1229, Nelson 7040, New Zealand; Ph. +64 3 526 8670.

If you believe any service or user content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. 512):

A physical or electronic signature of the copyright owner or authorized agent;

Identification of the copyrighted work(s) claimed to have been infringed;

Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);

A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section O - Links or Pointers to other Sites

Links or Pointers to Other Sites

The Site may automatically produce search results that reference and/or link to third party web sites throughout the World Wide Web. VisionRacer makes no representations whatsoever about any other web site that you may access through this Site.  When you access a non-VisionRacer site, please understand that it is independent from VisionRacer, and that VisionRacer has no control over the content on that Web site.  In addition, a hyperlink to a non-VisionRacer Web site does not mean that VisionRacer endorses or accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Section P - Advertising

Advertising

The Site may contain advertisement and/or sponsorship. The advertisers and/or sponsors that provide these advertisements and sponsorship are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. VisionRacer is not responsible for the acts or omissions of any advertiser or sponsor.

Section Q - Termination

Termination

VisionRacer reserves the right, in its sole discretion and without liability to you, to change, suspend, or terminate your access to all or part of this Site or discontinue any aspect of the Site, with or without cause, and with or without notice.

Section R - Statute of Limitations

Statute of Limitations

Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

Section S - Choice of Law and Venue

Choice of Law and Venue

This Site is controlled by VisionRacer from its offices in Nelson, New Zealand.  It can be accessed from all fifty states, as well as from other countries around the world.  Each of these places has laws that may differ from those of Wisconsin.  By accessing this Site, both you and VisionRacer agree that the statutes and laws of New Zealand will apply to all matters related to these Terms and Conditions and the use of the Site, without regard to conflicts of laws or principles thereof.  Each party also agrees and hereby submits to the exclusive personal jurisdiction and venue of the high court sitting in Nelson City, New Zealand, and waives any jurisdictional, venue or inconvenient form of objections to such courts.

VisionRacer makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Section T - International Use

International Use

By choosing to access the Site from any location other than the New Zealand, you accept full responsibility for compliance with all local laws that are applicable. VisionRacer makes no representation that materials on the Site are appropriate or available for use in locations outside the New Zealand, and accessing them from territories where their contents are illegal is prohibited.  You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any New Zealand export laws and regulations.

Section U - Severability

Severability

In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Section V - Entire Agreement

Entire Agreement

These Terms and Conditions constitute the entire agreement between VisionRacer and you pertaining to the subject matter hereof.  In its sole discretion, VisionRacer may from time-to-time revise these Terms and Conditions by updating this posting.  You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound.  Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Effective Date of these Web Site Terms and Conditions of Use:   April 30, 2010.

Privacy Policy

VRI (NZ) Ltd t/a SimRoom ("VisionRacer" or "we" or "us") desires to protect the privacy of our online guests at visionracer.com (the "Site").  We do collect certain information from users, including the collection of information to facilitate the services offered and to provide better services to users.  This privacy policy ("Privacy Policy") is intended to provide you notice of our information management practices, including the types of information gathered and how it is used and safeguarded.  Your use of this Site constitutes acceptance of this Privacy Policy and the Terms of Use, which are hereby incorporated by reference. (visionracer.com/global/terms-conditions.html)

Collection and Our Use of Information

We will collect no personally identifiable information about you when you visit our Site unless you voluntarily choose to provide that information to us.  Any personally identifiable information that you provide to us via our Site will be used only for such purposes as are described either in this Privacy Policy or at the point of collection, such as to respond to your questions or comments, to register, to send you a requested brochure or to otherwise send information to you.

Protection of Children’s Personal Information

We do not publish content that is targeted to children.  We do not intend to collect personally identifiable information from anyone under 13 and will not knowingly collect, maintain, or disclose such information.  If you are under 13, you should not enter any personally identifiable information about yourself on our Site.  If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will make reasonable efforts to remove the information from our database, at your written request.  To request the removal of your child’s information, please send us an e-mail to ask@visionracer.com and be sure to include in your message the same information, including e-mail address that your child submitted.

Aggregate and Statistical Data

We may collect certain aggregate data called web log information (such as your web browser, operating system, pages visited, etc.) and use cookies when you visit the Site (collectively, the "Aggregate and Statistical Data"). For instance, when you visit the Site, our web server will automatically recognize some non-personal information, including but not limited to the date and time you visited the Site, the pages you visited, the referrer (the website you came from), the type of browser you are using, the type of operating system you are using, and the domain name and address of your Internet service provider. Neither the web log information nor cookies (as discussed below) collects any personal information. They do not contain personal information, such as your name or e-mail address, and in no way are used to identify our users. Aggregate and Statistical Data helps us design the Site, to identify popular features, and for other managerial purposes.

Use of Cookies

We may store cookies on your computer to improve the quality of your visit to our Site. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. We use "cookie" technology for several purposes. First, we use it to track general information about our users. The information collected through cookies is non-personally identifiable information and we use this information for statistical and market research purposes. We also use cookies to establish a link between your computer and VisionRacer. This link assures that, when you return to VisionRacer, you will be able to log in without the necessity of providing your password, or help us to avoid asking for the same information on your return visits to the Site. You have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. Refer to your browser’s instructions or "Help" button to learn more about cookies.

Personally Identifiable Information

You may also be asked to provide personally identifiable information on the Site which may include your name, address, telephone number, credit card number, and e-mail address (your "Personally Identifiable Information"). Depending on the use of our service, we may collect additional Personally Identifiable Information that you voluntarily provide to us, such as your age, gender, education, and occupation. This information may be gathered when feedback or e-mails are sent to the Site, when you register for an account, use our service, post information on the Site, use a credit card to pay for any payments, or when you enter a promotion, sweepstake, survey, or contest. In all cases, you have the option of providing us with the Personally Identifiable Information, though certain services and features may not be available to you if you do not provide personally identifiable information. You agree that we may contact you to provide you with information we believe may be of interest to you. At that time, you will be offered the opportunity to opt out of this service. You may remove your e-mail address from the list at any time by clicking on the unsubscribe link provided at the bottom of every e-mail. We will not rent or sell your Personally Identifiable Information or share it with anyone except as otherwise stated in this Privacy Policy.

Non-Personally Identifiable Information

Data that is not personally identifiable, such as answers to surveys, comments, ideas and suggestions that do not include your personally identifying information, are deemed to be non-confidential, and we are free to disclose and use such data, without any obligation whatsoever to you for any purpose and through any means.

Use and Sharing of Information

We may share your Personally Identifiable Information with our vendors, contractors or partners in connection with services that these individuals or entities perform for or with us, or when it is required to complete a customer-requested transaction, delivery or to provide services. 

These vendors, contractors or partners are restricted from using this data in any way other than to provide services for us, and they may not share or resell this data. 

The services they provide may include such activities as direct mailing, fulfillment services (such as billing and payment) and e-mail campaigns. We may use your Personally Identifiable Information along with the Aggregate and Statistical Data to improve our marketing and promotional efforts; to statistically analyze Site usage; to improve our content and product offerings; and to customize the Sites’ content, layout and services. We believe these uses allow us to improve the Site and better tailor it to meet our visitors’ needs.

We also may disclose Personally Identifiable Information about you to a subsequent owner or operator of our Site if we assign our rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of our assets or the Site’s assets and/or services to a subsequent owner or operator.  You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of such web site, and your continued use of the Site signifies your agreement to be bound by the Terms of Use and Privacy Policy of the Site’s subsequent owner or operator.

We may also disclose Personally Identifiable Information to third parties in the following instances: 1) we have been given your consent to disclose; 2) we have previously informed you of the disclosure, including by means of our Privacy Policy; 3) we are required by law or court order to disclose, or we believe in good faith that the law requires it; 4) disclosure is necessary to identify, contact, or bring legal action against, someone who may cause or be causing harm to, or interference with, our rights or property, other Site users, or anyone else; or 5) to respond to an inquiry, request or complaint that you have made.  We may also use IP addresses in cooperation with internet service providers to identify users if we deem it necessary to comply with laws, to enforce compliance with this Privacy Policy or our Terms of Use, or to protect our Site, customers, or others.

Security

We will make reasonable efforts to ensure that whatever information you provide will be maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from our Site, and you provide such information at your own risk.

Correct or Remove Information

If you have submitted Personally Identifiable Information through the Site and would like that information deleted from our records, you would like to update or correct that information or you have and questions or comments regarding our Policy, please contact us at our e-mail address, ask@visionracer.com with the subject line "Privacy Policy Question", and provide us with your name, postal address and any other information necessary to respond to your question. We will use commercially reasonable efforts to make corrections or remove your name and address from future mailings.

Links to Other Sites

VisionRacer may from time to time offer links to other sites from sites within the VisionRacer domain. VisionRacer has no control over these external sites or their content, and cannot be held responsible for any actions they may take or any information they might collect. You may arrive at one of these sites through clicking on a banner advertisement, as part of a co-branding arrangement, or simply by selecting a link on an VisionRacer web page. You should be aware that this Privacy Policy does not apply to your use of these sites.  If you provide any information to such sites, different rules regarding the collection and use of your Personally Identifiable Information may apply. Before using these linked sites, you may wish to review their privacy policies to understand how they treat privacy, security, data collection, and distribution. These sites might issue their own cookies or collect data or personal information. Use caution when visiting an external site.

Changes to Policy

We may, at any time, revise these policies by updating this posting.  Your continued use of this Site indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review these policies for changes.  If you have any comments or questions about this policy, please contact us at ask@visionracer.com.

Consent to Processing in New Zealand

By providing any personally identifiable information to VisionRacer pursuant to this Privacy Policy, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection and processing of such information in New Zealand. The server on which this website is hosted may be outside the country from which you access this Site and may be outside your country of residence. Some of the uses and disclosures mentioned in this Privacy Policy may involve the transfer of your Personally Identifiable Information to various countries around the world that may have different levels of privacy protection than your country. By submitting your Personally Identifiable Information through this Site, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your Personally Identifiable Information as described in this Privacy Policy. If you do not consent to the terms of this Privacy Policy, please do not use this Site.

Effective Date of this Privacy Policy:   April 30, 2010.

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