Terms of Use

Please read these terms and conditions of use carefully before using this site. This site is owned and operated by The Promotion In Motion Companies, Inc. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use, please do not use this site. We reserve the right, at our discretion, to update or modify these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Proprietary Rights

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. All trademarks, service marks, and trade names are proprietary to The Promotion In Motion Companies, Inc. or its content providers, with the exception of NASCAR, which is proprietary to National Association for Stock Car Auto Racing, Inc. and which is used by The Promotion In Motion Companies, Inc. with the permission of National Association for Stock Car Auto Racing, Inc.; Welchs, which is proprietary to Welch Foods, Inc. and which is used by The Promotion In Motion Companies, Inc. with the permission of Welch Foods, Inc.; Sun-Maid, which is proprietary to Sun-Maid Growers of California and which is used by The Promotion In Motion Companies, Inc. with the permission Sun-Maid Growers of California; Fisher, which is proprietary to John B. Sanfilippo & Son, Inc. and which is used by The Promotion In Motion Companies, Inc. with the permission of John B. Sanfilippo, Inc. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, except that you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited and is a violation of The Promotion In Motion Companies Inc’s and/or National Association for Stock Car Auto Racing, Inc.’s, Welch Foods, Inc.’s, Sun-Maid Growers of California, and John B. Sanfilippo & Son, Inc.’s copyright and other proprietary rights.

User’s Grant of Limited License

By posting or submitting content to this site (i.e., by submitting a photo or other content to be posted on our web site), you:

1. Grant The Promotion In Motion Companies, Inc. and its affiliates and licensees the unrestricted right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose, without compensation to you; and

2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by The Promotion In Motion Companies, Inc. will not infringe or violate the rights of any third party.

Disclaimer of Warranties

ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PROMOTION IN MOTION COMPANIES, INC., ITS SUBSIDIARIES AND ITS LICENSORS, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE PROMOTION IN MOTION COMPANIES, INC., ITS SUBSIDIARIES, AND/OR ITS LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROMOTION IN MOTION COMPANIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PROMOTION IN MOTION COMPANIES, INC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by The Promotion In Motion Companies, Inc., you agree to defend, indemnify, and hold harmless The Promotion In Motion Companies, Inc. and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site or from the breach of these Terms of Use by you. The Promotion In Motion Companies, Inc. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Promotion In Motion Companies, Inc. in asserting any available defenses.

International Use

The Promotion In Motion Companies, Inc. makes no representation that materials on this site are appropriate or available for use in locations outside the United States, 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.

Severability and Integration; General Information

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and The Promotion In Motion Companies, Inc. with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and The Promotion In Motion Companies, Inc. with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. This agreement shall not be modified except in writing, signed by both parties. The failure of The Promotion In Motion Companies, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings of these Terms of Use are for convenience only and have no legal or contractual effect.

Termination

The Promotion In Motion Companies, Inc. reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.