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Terms and Conditions

Conditions Of Use

Welcome to The Australian Tarmac Challenge National Series Website (www.duttonrally.com Australian Tarmac Challenge Pty Ltd). By accessing this web site, you agree to be bound by the terms and conditions of use. If you visit or shop at Australian Tarmac Challenge, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future Australian Tarmac Challenge service or visit or purchase from any business affiliated with Australian Tarmac Challenge, whether or not included in the Australian Tarmac Challenge Web site, you will be subject to the guidelines and terms and conditions applicable to such service or business.

Access to and use of the information, products and services available through this site (collectively, the "Services") are subject to the following terms and conditions. By using the Services, you are agreeing to these terms and conditions. Please direct any questions to: AUSTRALIAN TARMAC CHALLENGE Pty Ltd. Webmaster GPO Box 4695, SYDNEY 2001 AUSTRALIA

Unless expressly provided herein, the Services are licensed to you for your online viewing only. No further reproduction or distribution of the Services is permitted.

Privacy

Please review our Privacy Policy, which also governs your visit to Australian Tarmac Challenge to understand our practices.

Electronic Communications

When you visit duttonrally.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright, Trademark and Service-Mark Notices

All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Australian Tarmac Challenge or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Australian Tarmac Challenge and protected by Australian, United States and international copyright laws. All software used on this site is the property of Australian Tarmac Challenge or its software suppliers and protected by Australian, United States and internanal copyright laws. Copyright © 2007, AUSTRALIAN TARMAC CHALLENGE, GPO BOX 4695 SYDNEY 2001. All rights reserved.

The AUSTRALIAN TARMAC CHALLENGE, duttonrally.com and other marks indicated on our web site are registered trademarks of AUSTRALIAN TARMAC CHALLENGE PTY LTD, Australian Tarmac Challenge or its affiliates, in Australian or other countries. These and other AUSTRALIAN TARMAC CHALLENGE graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of AUSTRALIAN TARMAC CHALLENGE, AUSTRALIAN TARMAC CHALLENGE or its affiliates. AUSTRALIAN TARMAC CHALLENGE’ trademarks and trade dress may not be used in connection with any product or service that is not AUSTRALIAN TARMAC CHALLENGE’, AUSTRALIAN TARMAC CHALLENGE Pty Ltd’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Australian Tarmac Challenge All other trademarks not owned by Australian Tarmac Challenge or its affiliates that appears in this site are the property of its respective owners, who may or may not be affiliated with, connected to, or sponsored by Australian Tarmac Challenge or its affiliates.

This web site is for your personal use only. You may not modify, copy, distribute, display, reproduce, publish, transmit, license, create derivative works from, transfer or sell any information or services obtained from this web site. However, you may download copyrighted material for their individual and noncommercial use only. AUSTRALIAN TARMAC CHALLENGE, AUSTRALIAN TARMAC CHALLENGE and other names of AUSTRALIAN TARMAC CHALLENGE products and services are trademarks and/or service marks owned by AUSTRALIAN TARMAC CHALLENGE and may not be used without the prior written consent of AUSTRALIAN TARMAC CHALLENGE Other service or product names referred to throughout this web site may be the trademarks, or service marks of their respective owners.

License and Site Access

Australian Tarmac Challenge grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Australian Tarmac Challenge. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Australian Tarmac Challenge. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Australian Tarmac Challenge and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Australian Tarmac Challenge' name or trademarks without the express written consent of Australian Tarmac Challenge. Any unauthorised use terminates the permission or license granted by Australian Tarmac Challenge.

LINKING No sites may link to the duttonrally.com Web site without the express prior written permission of AUSTRALIAN TARMAC CHALLENGE Ordinary and automatic terms and conditions for consensual linking shall include, without limitation: (1) our right to demand that the link be removed if we believe, in our sole discretion, that the context of the link is inappropriate, inaccurate or otherwise objectionable, and (2) we determine, in our sole discretion, whether or not we want to be associated, affiliated or connected with another Web site in any manner. Merely because a link may exist on another third-party site to this Web site, whether with or without our knowledge and/or permission, does not mean that AUSTRALIAN TARMAC CHALLENGE approves of, sponsors or is associated with the third-party Web site or its goods or services. Before linking, please submit requests for a link to AUSTRALIAN TARMAC CHALLENGE

RESPONSIBILITY FOR YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. duttonrally.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use duttonrally.com only with involvement of a parent or guardian. AUSTRALIAN TARMAC CHALLENGE Pty Ltd, duttonrally.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. LINKS TO INTERNET WEB SITES MAINTAINED AND OPERATED BY THIRD PARTIES This web site contains links to Internet web sites maintained and operated by third parties. Neither AUSTRALIAN TARMAC CHALLENGE, nor its agents, nor its representatives operate or control in any way any information, products, or services contained on such third party web sites. Links to Internet web sites maintained and operated by third parties are included solely for the benefit of you, and do not constitute any endorsement by AUSTRALIAN TARMAC CHALLENGE , its agents or representatives. You expressly assume any and all responsibility related to their use of links to Internet web sites maintained and operated by third parties. In addition, we provide links to the sites of Authorised AUSTRALIAN TARMAC CHALLENGE Dealers, affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Australian Tarmac Challenge does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. INDEMNIFICATION OF AUSTRALIAN TARMAC CHALLENGE

As a condition of using this web site, you agree to indemnify and hold harmless AUSTRALIAN TARMAC CHALLENGE , its officers, directors, employees and agents, and their respective successors and assigns, from and against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorney's fees and costs (whether or not suit is brought), arising out of claims resulting from your use of this web site, including, without limitation any claims alleging facts that if true would constitute a breach by you of these Conditions of Use. COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to AUSTRALIAN TARMAC CHALLENGE on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain AUSTRALIAN TARMAC CHALLENGE property. Such disclosure, submission or offer of any Comments shall constitute an assignment to AUSTRALIAN TARMAC CHALLENGE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, AUSTRALIAN TARMAC CHALLENGE will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. AUSTRALIAN TARMAC CHALLENGE is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any of your Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material 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. You shall remain solely responsible for the content of any Comments you make. You agree that AUSTRALIAN TARMAC CHALLENGE may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your personal identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that AUSTRALIAN TARMAC CHALLENGE may use your information for marketing and promotional purposes.

RISK OF LOSS

All items purchased from Australian Tarmac Challenge are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. PRODUCT INFORMATION AND DESCRIPTIONS Most AUSTRALIAN TARMAC CHALLENGE products displayed at the Site are available in select Authorised AUSTRALIAN TARMAC CHALLENGE Dealers stores in the Australian and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in Authorised AUSTRALIAN TARMAC CHALLENGE Dealers stores. The prices displayed at the Site are quoted in Australian Dollars and are valid and effective only in Australian. AUSTRALIAN TARMAC CHALLENGE attempts to be as accurate as possible. However, Australian Tarmac Challenge does not warrant that product descriptions, color (actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate) or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Australian Tarmac Challenge itself is not as described, your sole remedy is to return it in unused and unopened condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

1. The materials on this web site are to be used for informational purposes only and may include inaccuracies or typographical errors. Changes are periodically made to the information on this web site. AUSTRALIAN TARMAC CHALLENGE reserves the right to make improvements and/or changes to the content of this web site at any time, with or without notice. AUSTRALIAN TARMAC CHALLENGE makes no representations about the suitability of the information and services contained on this web site for any purpose. To the full extent permissible by applicable law, AUSTRALIAN TARMAC CHALLENGE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Australian Tarmac Challenge does not warrant that this site, its servers, or E-mail sent from Australian Tarmac Challenge are free of viruses or other harmful components. Australian Tarmac Challenge will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. All information and services contained in this web site are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, expressed or implied, as to the operation of this site or the information, content, materials, or products included on this site, and no advice or information published by AUSTRALIAN TARMAC CHALLENGE, its agents or representatives shall create any warranty. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimer may not apply to you, and you might have additional rights.

2. AUSTRALIAN TARMAC CHALLENGE cannot control and edit content provided by a third party prior to transmission on this web site, nor can AUSTRALIAN TARMAC CHALLENGE ensure prompt removal of inappropriate or unlawful content after transmission. Third party postings are not reviewed for truth or accuracy and do not represent the opinions, beliefs, or statements of AUSTRALIAN TARMAC CHALLENGE

3. In no event shall AUSTRALIAN TARMAC CHALLENGE , its agents or representatives be held liable for any direct, indirect, punitive, incidental, special or consequential damages, including attorney's fees, lost profits, or lost revenues, arising from or in any way connected with the use of this web site or with the delay or inability to use this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if AUSTRALIAN TARMAC CHALLENGE and/or its agents or representatives have been advised of the possibility of damages. Portions of the above limitation may not be applicable to those person’s residing in states or jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages.

GOVERNING LAWS

By visiting duttonrally.com you agree that all legal issues arising from or related to the use of the duttonrally.com web site and its services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of NSW applicable to contracts entered into and wholly to be performed within said state, unless expressly stated to the contrary elsewhere within these Conditions of Use.

DISPUTES

Any dispute relating in any way to your visit to duttonrally.com or to products you purchase through Australian Tarmac Challenge shall be submitted to confidential arbitration in Melbourne, VIC, except that, to the extent you have in any manner violated or threatened to violate Australian Tarmac Challenge’ intellectual property rights, Australian Tarmac Challenge may seek injunctive or other appropriate relief in any state or federal court in the state of VIC, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the VIC Arbitration Association or similar. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION OF AUSTRALIAN TARMAC CHALLENGE

As a condition of using this web site, you agree to indemnify and hold harmless AUSTRALIAN TARMAC CHALLENGE , its officers, directors, employees and agents, and their respective successors and assigns, from and against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorney's fees and costs (whether or not suit is brought), arising out of claims resulting from your use of this web site, including, without limitation any claims alleging facts that if true would constitute a breach by you of these Conditions of Use.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to Australian Tarmac Challenge.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. It is your sole responsibility to regularly review such terms and conditions. Continued use of this web site following any such changes shall constitute your acceptance of such changes.