Terms of Use

  1. INTRODUCTION AND ACCEPTANCE
    1. Andretti Autosport Holding Company, LLC and its parents, subsidiaries, and affiliated entities (collectively, “Andretti Group,” “us,” “we,” or “our”) offer you access and/or use of certain of our services and materials including, but not limited to, website (www.andrettiautosport.com), content, products, mobile applications, and any other services and materials which may be made accessible after the date hereof (individually, a “Service”; collectively, the “Services”). These Terms of Use form an agreement that governs your access and/or use of our Services.
    2. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING AND/OR USING OUR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY ACCESSING AND/OR USING ANY OF OUR SERVICES YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use and will indicate at the top of this page the date these Terms of Use were last revised. Your continued access and/or use of the Services after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check these Terms of Use to determine if there have been changes and to review such changes.
    3. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE OR ANY FUTURE TERMS OF USE, DO NOT VIEW, DOWNLOAD, OR OTHERWISE ACCESS AND/OR USE (OR CONTINUE TO ACCESS AND/OR USE) THE SERVICES.
  2. COPYRIGHT NOTICES
    1. Copyright 2022 Andretti Autosport Holding Company, LLC® All rights reserved.
    2. Unless otherwise specified, the Services and their content are owned by Andretti Group and/or third-party licensors (collectively, “Andretti Licensor Group”) and are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The content of the Services, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of Andretti Group except that you may download, display, or print one copy of the material on any single computer solely for your personal, non-commercial or home use provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Andretti Licensor Group’s copyrights and other proprietary rights. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Andretti Licensor Group.
  3. TRADEMARKS
    1. All trademarks, logos, service marks and trade names are proprietary to Andretti Group.
    2. Certain of the other trademarks used in connection with the Services belong to their respective owners.
  4. ACCESS AND/OR USE

    1. You represent and warrant that you:

      1. have not previously been suspended or removed from the Services or from any other offerings by us;
      2. that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party; and
      3. that you understand that the access and/or use of the Services is at your own risk.

      The Service and their content may not be appropriate or functional for access and/or use outside the United States of America. Users located outside the United States access and/or use the Services understanding this limitation.

    2. We may offer certain portions of our Services at no charge (e.g., websites) and others (e.g., mobile applications) for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to access and/or use our Services. In addition, the license to access and/or use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers). For example, unless we specifically tell you otherwise, the access and/or use of any of our mobile applications is limited to the relevant device and/or operating system you are using at the time you purchase the license to access and/or use the application.
    3. Our Services are provided for your personal, non-commercial access and/or use only. You acknowledge that we reserve the right to discontinue the Services, in whole or in part, at any time. When accessing and/or using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.
    4. WE RESERVE THE RIGHT TO REVOKE ANY LICENSE OR AUTHORIZATIONS UNDER THESE TERMS OF USE AT ANY TIME.
    5. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
    6. You understand and agree that your access and/or use of the Services and/or their content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your access and/or use of the Services and their content.
  5. PROMOTIONAL MESSAGES. Our Services may include sending you promotional emails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, will be sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, email address, mobile number).
    1. You may opt-out of receiving our emails/newsletters by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
    2. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”):
      1. unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan, you may be charged message and/or data charges by your wireless carrier;
      2. by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges;
      3. we may send you messages through our Message Service;
      4. if you have any questions about our Message Service or need assistance, you may contact us;
      5. we are not aware of any wireless carriers that do not support our Message Service; however, you must have a text or SMS enabled mobile phone;
      6. we do not guarantee or warrant that you will receive all or any of our messages; and
      7. our Message Service may be administered by a third party (the “Administrator”) and we reserve the right to condition access and/or use of our Message Service to your acceptance of applicable Administrator terms and conditions.
    3. Certain portions of our Services may provide mobile alerts to the device you use to access and/or use such Services. Additionally, if you are a registered user, you will be able to sign up for certain alerts specific to your personal settings. The types and frequency of mobile alerts that you will receive will depend on your selections at registration. To sign up to receive mobile alerts, you must be a registered user of the Services and you must be 18 years of age or older. Mobile alerts may not be available for all users. Message and data rates may apply.
  6. SUBMISSIONS
    1. You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Andretti Group through or in connection with the Services, including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain the property of Andretti Group. Such disclosure, submission or offer of any submission shall constitute an assignment to Andretti Group of all rights, title and interest in all copyrights and other rights in the submission.
    2. Andretti Group is and shall be, under no obligation:
      1. to maintain any submission in confidence;

      2. to pay to anyone any compensation for or in connection with the use of any submission;

        or

      3. to respond to any submission.
    3. You represent and warrant that no submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right.
    4. By making any submission through, in connection with or related to the Services, you agree that Andretti Group has the right (but not the obligation) to copy, publish, distribute or use such submission, or any parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.
    5. Andretti Group does not, cannot and does not agree to consider or review every submission, and is not liable or responsible for the content of any material posted on the Services by users.
    6. You agree to not upload, post, distribute or otherwise publish on the Services any material that:
      1. is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
      2. infringes on the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity;
      3. is illegal in any way or advocates illegal activity; or
      4. advertise or solicits funds, goods or services.
    7. You are and shall remain solely responsible for the content of any submission you make.
  7. DISCLAIMER OF WARRANTIES. ANDRETTI GROUP AND THE THIRD PARTIES ENGAGED IN THE PROVISION OF ANY PORTION OF THE SERVICES AND THE OFFICERS, STOCKHOLDERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUCCESSORS OF EACH OF THEM (COLLECTIVELY, “ANDRETTI SUPPLIER GROUP”) AND ANDRETTI LICENSOR GROUP INTEND FOR THE INFORMATION CONTAINED IN THE SERVICES TO BE ACCURATE AND RELIABLE; HOWEVER, ERRORS SOMETIMES OCCUR. THE SERVICES ARE PROVIDED “AS IS”. ANDRETTI SUPPLIER GROUP AND ANDRETTI LICENSOR GROUP DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ACCESS AND/OR USE OF THE SERVICES IS AT YOUR OWN RISK. ANDRETTI SUPPLIER GROUP AND ANDRETTI LICENSOR GROUP ARE NOT LIABLE FOR DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  8. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANDRETTI SUPPLIER GROUP AND/OR ANDRETTI LICENSOR GROUP BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST DATA, LOST BUSINESS OR BUSINESS INTERRUPTION, IN CONNECTION WITH YOUR ACCESS AND/OR USE OR INABILITY TO ACCESS AND/OR USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE TOTAL LIABILITY OF ANDRETTI SUPPLIER GROUP AND ANDRETTI LICENSOR GROUP TO YOU FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE FEE PAID BY YOU WITHIN THE SIX-MONTH PERIOD PRIOR TO THE TIME THAT THE CLAIM AROSE.
  9. INDEMNIFICATION
    1. You agree to indemnify, defend, and hold harmless Andretti Supplier Group and Andretti Licensor Group from and against any and all claims, expenses, damages, suits, losses, actions, judgments, liabilities, and costs (including reasonable legal fees) arising out of, related to, or that may arise in connection with:
      1. your access and/or use of the Services;
      2. content provided by you or through access and/or use of our Services;
      3. any actual or alleged violation or breach by you of these Terms of Use;
      4. any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
      5. your acts or omissions.
    2. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
  10. TERMINATION; SURVIVAL
    1. We reserve the right in our sole and absolute discretion and at any time to terminate, suspend or block your access and/or use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Andretti Supplier Group and/or Andretti Licensor Group shall not be liable to you or any third party for any termination, suspension or block of your access and/or use of our Services.
    2. Any suspension, termination or block shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension, termination or block shall survive including, but not limited to, the rights and licenses that you have granted hereunder, disclaimer of warranties, limitations of liability, indemnification, dispute resolution, and miscellaneous.
  11. DISPUTE RESOLUTION
    1. These Terms of Use are made in the State of Indiana and shall be governed by the substantive provisions of Indiana law without regard to its conflicts of laws rules.
    2. Andretti Supplier Group and Andretti Licensor Group shall be entitled to injunctive relief restraining the breach or threatened breach of your obligations under these Terms of Use, and to specific performance thereof. You agree that monetary damages would not be adequate compensation for any loss incurred by reason of such a breach and agree to waive the defense in any action for injunctive relief or specific performance that a remedy at law would be adequate. Andretti Supplier Group and Andretti Licensor Group shall not be required to furnish a bond in order to obtain equitable relief and if bond cannot be waived, security thereon shall not be required.
    3. Any dispute or claim involving these Terms of Use other than those detailed above shall be submitted to private arbitration (not administered by the American Arbitration Association (“AAA”)) in Marion County, Indiana, utilizing the commercial rules of the AAA then in effect. This arbitration provision shall be deemed to be self-executing and in the event that you fail to appear at any properly noticed arbitration proceeding, an award and corresponding judgment may be entered against you in accordance with the terms of this paragraph, notwithstanding your failure to appear. The arbitrator shall have no authority to change any provision of these Terms of Use; the arbitrator’s sole authority shall be to interpret or apply the provisions of these Terms of Use. The arbitrator is explicitly authorized to award attorneys’ fees as part of the award. The decision of the Arbitrator shall be final and binding and shall be the exclusive remedy for any alleged breach of these Terms of Use. Judgment upon the award may be entered in any court having jurisdiction thereof and shall be final, binding, and unappealable.
    4. You agree that for any matters involving injunctive or other provisional relief for us to protect our trademarks or copyrights that any such legal action or proceeding with respect to these Terms of Use shall be brought exclusively in the State Courts or United States District Court located in Marion County, Indiana. You irrevocably consent to the personal jurisdiction of such courts, and all courts to which appeals may be taken from such courts, agree to accept service of process by certified or registered mail and hereby irrevocably waive any rights to a jury trial of any claim or cause of action arising out of or relating to these Terms of Use, and any jurisdictional or venue defenses otherwise available to you.
    5. The rights and remedies set forth herein are intended to be cumulative, and the exercise of any right or remedy by us shall not preclude or waive our exercise of any other rights or remedies hereunder or pursuant to law or equity.
  12. AMENDMENT; ADDITIONAL TERMS
    1. We reserve the right in our sole and absolute discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your access and/or use of the Services generally, unique parts of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
    2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Services or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Services from time to time for any changes or Additional Terms. Your access and/or use of any our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue access and/or use of our Services and Services Content.
  13. MISCELLANEOUS
    1. These Terms of Use contain the entire and only understanding with respect to the access and/or use of the Services.
    2. If a reasonable basis exists for believing that any provision of these Terms of Use violates any (i) federal, state or local law or regulation, or (ii) code, rule, regulation or directive adopted by a sanctioning organization or an industry trade association affecting performance of these Terms of Use (collectively, “Law”), then these Terms of Use shall be promptly modified to the extent necessary to bring about compliance with such Law; provided, however, that if such modification would cause these Terms of Use to fail in their essential purpose or purposes, they shall be deemed terminated.
    3. You may not assign your rights or performance obligations under these Terms of Use without the prior written consent of us.
    4. Section and other headings are for reference only and shall not affect the interpretation or meaning of any provision of these Terms of Use.