Use Agreement
Privacy Policy
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Heman Racing, Inc. Terms of Use Agreement and Privacy Policy for HeManRacing.com

HeManRacing.com  (the "Site") is published and maintained by Heman Racing, Inc. (HMR)

11 Plains Road, Augusta, NJ 07822. You can e-mail us at Webmaster@HeManRacing.com. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below (“Terms of Use”).

Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this site.

Heman Racing, Inc. is a sports car racing team. We sell Nothing at this time.

Your Right to Use the Site and Its Contents

This Site is only for your use. You may not distribute, exchange, modify, sell or transmit anything you copy from this Site for any other business, commercial or public purpose. As long as you comply with the terms of these Terms of Use, HMR grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Ownership

All materials on this Site, including but not limited to images, software, and text (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, HMR is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download one (1) copy only of the Content to be used only by you for your use. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.

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Trademark Notice

HMR and HemanRacing.com the trademarks and service marks of HMR.  All other marks used in the Site are the property of their respective owners. By making them available on this Site, HMR is not granting you any license to utilize those proprietary logos, service marks, or trademarks

Rules for User-Supplied Material

This Site may have an area, which allows you to upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.

Responsibility for User's Material

The Site is interactive. You may use it to send communications. You agree to be responsible for the content of your communications. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although HMR may from time to time monitor or review the Site, HMR is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. HMR will fully cooperate with any law enforcement authorities or court order requesting or directing HMR to disclose the identity of anyone sending such materials.

HMR's Rights to User's Material

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way HMR uses such material.

Any material submitted to this Site may be changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by HMR anywhere in the world, in any medium, forever. Furthermore, HMR is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that HMR is not obligated to use any such ideas or materials and you have no rights to compel such use.

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Procedure for Making Claims of Copyright Infringement

The site is protected from copyright infringement claims in accordance with the Digital Millennium Copyright Act 17 U.S.C. Section 512.  HMR is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent Heman Racing, Inc., 11 Plains Road, Augusta, NJ 07822

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. Sending a message to HMR does not cause HMR to have any special responsibility to you.

Links

This Site may contain links to other Internet sites.

Links - From this site to another HMR provides links to other organizations as a service to our Internet visitors but is not responsible for the information provided in other web sites.

Links from this Site to any other site do not mean that HMR approves of, endorses or recommends that site. HMR disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. HMR makes no representations whatsoever about any other Web sites that you may access through this Site.  When you access a non- HMR site, please understand that it is independent from HMR, and that HMR has no control over the content on that Web site.

A hyperlink to a non- HMR Web site does not mean that HMR 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 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.

Links - From another site to this site

Persons may not copy any of the materials from this Site onto your own Web  server without prior written permission. Nor may you link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) without prior written permission. Any such copying or isolated linking will be considered a violation of copyright and could subject you to legal action.

Notice To/Regarding Children Under the Age of 13

If you are less than 13 years old you are not permitted to use the Site without written permission from your parent or parents.

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Availability / Liability of Services

The services displayed on the Site may not be available for purchase in your particular locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.

Services will only be available from HMR when such provide professional services are set forth in written proposals that incorporate HMR professional services terms and conditions. You and HMR may make additions to the Scope of Services by mutual agreement

HMR’s Right to Change Terms and Conditions of Use and/or Content on the Site

HMR may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. HMR may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification

You agree to indemnify, defend and hold HMR and all of its agents, directors, employees, and officers, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in HMR' defense of any claim. HMR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HMR.

Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." THE CONTENT ON THIS SITE, HMRMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HMR’S NEGLIGENCE, SHALL HMR BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF HMR OR AN AUTHORIZED REPRESENTATIVE OF HMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HMR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $150.00.

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Termination

HMR reserves the right, in its sole discretion, to terminate your access to the Site, with or without notice.

General Provisions

These Terms Use and any additional terms posted on this Site together constitute the entire agreement between HMR and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without reference to its conflicts of law rules.

Accessibility Policy

HMR believes that the HMR Internet site should be friendly and easy-to-use for all consumers, including those with disabilities. In that spirit, we have developed the HMR, which expresses our commitment to the development of an Internet site that is accessible to all users, including those with disabilities.

HMR believes that it is essential for our employees to be informed about the challenges faced by disabled users and the technologies available to improve the user experience. HMR believe that when the challenges confronted by disabled users are known, solutions can be incorporated in the research and design of the HMR Internet site. To this end we provide our employees with information describing the challenges faced by members of the disability community when attempting to access software applications and information technologies. HMR educates our employees with respect to how assist disabled users. HMR values feedback from members of the disability community.

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Online Privacy Policy

Your Privacy

At HMR we believe that, as an our Internet site visitor (“you”) have a right to know our practices regarding the information we collect when you visit our Internet site and what type of information is collected. The guidelines contained herein only apply to your visits to the Internet site operated by HMR .

While HMR does not generally require that you provide us with personally identifiable information in order to visit and use the HMR sites, please note that in order to participate in some activities, such as sending messages to HMR, it will be necessary for you to provide this information.

Collection of Information

HMR may ask you to provide "personal information", meaning individually identifiable information that you provide on our Web sites such as your email address, name, mailing address, or telephone number which is associated with individually identifiable information, to enable you to order services. HMR may combine the information you provide on our Web sites with other information we may collect from you or from third parties so that we can more effectively tailor our site and services.

A "cookie" is a bit of information that a Web site sends to your Web browser that helps the site remember information about you and your preferences.

"Session" cookies are temporary bits of information that are erased once you exit your Web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on Web sites and to collect aggregate statistical information. This site uses session cookies.

"Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., passwords), helping to determine what areas of the Web site visitors find most valuable, and customizing the Web site based on your preferences. This site use session cookies but not persistent cookies.

Profile - HMR uses information that we collect through the survey form to create a database of user profiles.  This information is used to provide offers and Services. 

Log Files - Like most standard Web site servers HMR uses log files.  This includes internet protocol (IP) addresses, browser type, date/time stamp, and number of clicks.  HMR uses this information for our internal security audit log, trend analysis and system administration, and to gather broad demographic information about our user base for aggregate use. 

HMR may contact you to provide information about services. HMR will not share the personal information you provide on the HMR Web sites with any other parties, except (a) with your consent; (b) as may be required by law or court order; (c) to persons or companies with whom HMR conducts business, such as subcontractors, joint ventures, complementary and supplementary service providers; or (d) when necessary to protect the personal safety or property of our users, the public or HMR.

Security

While HMR cannot guarantee that unauthorized access will never occur, rest assured that HMR takes care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.

Notice To/Regarding Children Under the Age of 13

Due to the Child Online Privacy Protection Act, children under 13 years of age are not permitted to use the HMR site.

Use and Disclosure of Anonymous Aggregated Information

HMR may also collect, aggregate and maintain anonymous information about the visitors to our Web sites, such as visitors' browsing habits. This data can then be used to tailor HMR's Internet site content to deliver a better experience for our visitors. In addition, HMR may also share such aggregate information about our visitors with business partners.

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Consent to Processing

By providing any personal information to the HMR Site, all users, fully understand and consent to the collection and processing of such information in the United States of America.

Policy Governs Use; Changes to Privacy Policy

The terms of this policy will govern the use and any information collected while it is in place. HMR reserves the rights to change this policy at any time, so please re-visit this page regularly. Changes to this privacy policy are effective at the time they are posted to this site.

Corrections or Additions

If a user’s personally identifiable information changes (such as zip code, email or postal address), or if a user no longer desires our service, HMR provides a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done by contacting HMR directly, as suggested below.

Questions:

If you have any questions or comments about our personal information practices or about this privacy statement, please send us an email at Webmaster@HeManRacing.com .


 
 

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