Terms of Use

Terms of Use

Please read these Terms of Use carefully before you start to use the Website JukasaMotorSpeedway.com, herein called “JMS” or the “Site”. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF AN ORDER), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, AND TO COMPLY WITH ALL APPLICABLE CANADIAN LAWS AND REGULATIONS.

If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this Site. We reserve the right to revise these Terms of Use from time to time. If we make changes, we will post them on the Terms of Use page of the Site. You may wish to check this page from time to time because your use of the Site following any changes indicates your agreement to be bound by those modifications.

JMS reserves the right to update or amend these Terms of Use and this website at any time and without prior notification. Any such change, update or modification will be effective immediately upon posting the modified version on the Site. It is your responsibility to review the Site from time to time to ensure that you continue to agree with all the Terms of Use.

JMS offers its e-Commerce services only to adults who can purchase them with a credit card or other permitted method of payment. If you are under 18, you may use JukasaMotorSpeedway.com services only under the supervision of a parent or guardian.

JMS in its sole discretion reserves the right to refuse service to any persons, terminate any accounts, reject performance of services on any material, or cancel any orders.

JMS reserves the right to disengage, ban, lockout, suspend (permanently or temporarily) any user that violates its policies.

Occasionally, materials are submitted to JMS that would make great promotional materials. If we wish to use such materials publicly, we will request the right to use them from you. You have the right to decline our use of those materials.

Orders placed with JMS are non-refundable.

By submitting images or other documents to JMS, for archival purposes or any other reason, you agree that if any such media is lost or damaged, JMS is without liability. Furthermore, you represent and warrant the following to JMS: (a) no materials submitted to JMS are submitted in violation of any copyright laws; (b) any materials submitted were either created by you, you have the right to permit JMS to perform duplication services and use the materials, or you have the permission of the copyright owner to duplicate/use the submitted materials; and (c) no materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate provincial or federal law or the rights of a third party. By submitting images or other documents, you understand that JMS is relying on these representations.

If any loss, damage, delay, or non-performance as a result of acts of God, or natural disaster or catastrophe; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labour dispute; power failures or other disruptions to services and utilities on which JMS relies; or any other unforeseen and external occurrence for which JMS is not responsible and could not predict which is required for the performance of its obligations, then JMS will not be liable for any such loss, damage, delay, or non-performance of services.
You understand and agree that when you place an order with JMS your email address will be added to our newsletter subscription service. You can unsubscribe from this service by clicking “unsubscribe” on a newsletter or by emailing your request to info@jukasamotorspeedway.com.

You also agree that you will indemnify, defend and hold harmless JMS from and against any and all damages, costs, and expenses, including attorneys’ fees (i) arising from claims or demands brought by any third party against JMS regarding the infringement of any copyright law or violation of other applicable provincial or federal law stemming from materials you submitted or (ii) arising from or related to your breach of these Terms. In the event that JMS discovers media/images submitted with an order violate these Terms, JMS will take any and all steps necessary to comply with applicable law, including, but not limited to, reporting to and complying with relevant authorities.

JMS takes its obligations under the copyright laws seriously. If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through JMS’s service to info@jukasamotorspeedway.com. Please (1) identify the copyrighted work you claim is being infringed; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.

The information herein represents the full agreement between you and JMS. No other representations, oral or written, form any part of an agreement with JMS. Additionally, this Terms of Use cannot be orally modified, and no provisions of it can be waived by either party except in writing. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

If any court or other body of competent jurisdiction declares any part of this Agreement to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected. The unenforceable part will simply not be considered to be part of this Agreement.