MIDWAY SPEEDWAY PARK TERMS AND CONDITIONS OF USE

By using this web site (the “Site”), you agree to be bound by the following Terms and Conditions.  If you do not agree with any of these Terms and Conditions, do not use this Site. 

            1.         You may only access the Site through the interface that is provided by Midway Speedway Park (the “Company”).

            2.         All logos, names, trademarks, service marks, and other intellectual property contained on this Site are owned or licensed by the Company.  All images, text, and other material on the Site are protected by copyright.  You may not use, copy, duplicate, sell, exploit, or misappropriate any intellectual property or other material on this Site, in whole or in part.  Violation of these restrictions may subject you to damages or penalties as provided by law.

            3.         While the Company uses reasonable efforts to ensure that information and material on this Site is accurate, the Company cannot guarantee its accuracy or correctness.  All content on the Site is provided to you “as is” and without representation or warranty of any kind, whether express, implied or arising by operation of law.  This disclaimer includes, but is not limited to, warranties of merchantability, fitness for particular purpose, non-infringement, and title.

            4.         The Company will take reasonable steps to protect the confidentiality of your personally-identifiable financial information.  However, the Company cannot guarantee that any information posted or transmitted by you via the Site will remain confidential or private.  The Company may, but is not obligated to, monitor the posting and transmitting of information by you on the Site.

            5.         All concepts, ideas, designs, inventions, suggestions, or other material transmitted by you via the Site may be used by the Company for any purpose whatsoever without compensation to you.

            6.         You are prohibited from posting or transmitting on this Site any obscene, pornographic, profane, defamatory, discriminatory, threatening, or unlawful material, or material which would otherwise incite or encourage conduct that could give rise to criminal offenses or civil liability.  The Company assumes no liability for any content or material posted or transmitted on the Site by parties other than the Company.

            7.         The links provided on the Site to other web sites are provided solely for your convenience.  The Company does not represent or warrant the accuracy, utility, functionality, or legality of any such web sites.  The links shall not be construed as implying the Company’s association, sponsorship, approval, or endorsement of any such linked web site, except as may be expressly stated in writing on the Site.  The Company is not responsible for the content on any such linked web sites, and your use thereof is solely at your own risk.  Such linked web sites, as well as affiliate services, third party content, or third party software that you may use in connection with the Site, may have terms and conditions applicable to your use thereof. 

            8.         This Site, your use thereof, and any disputes arising out of such use shall be governed exclusively by the laws of the Commonwealth of Virginia (without regard to its conflicts of laws principles) and, as applicable, the federal laws of the United States.  All information on the Site applies only to access and use of the Site within the United States.  In using the Site, you agree to comply with all international, federal, state, and local laws, rules, regulations, ordinances, treaties, and other governmental requirements (collectively, “Laws”), including without limitation the Export Administration Act and the Arms Export Control Act.

            9.         All tickets purchased for Midway Speedway Park and related attractions are non-transferable and non-refundable.  No rain checks will be given, except at the sole discretion of the Company.

            10.       Your use of this Site is at your sole risk.  You, on behalf of yourself and your heirs, personal representatives, successors, and assigns, release and forever discharge the Company, its parent and subsidiary companies, its affiliates, and the respective owners, shareholders, members, partners, officers, directors, employees, and agents of each of the foregoing (collectively the “Company Group”), from any and all claims, liabilities, actions, suits, losses, judgments, expenses, fines, penalties, and fees, including without limitation attorneys’ fees (collectively, “Losses”) that you may suffer or incur as a result of your use of the Site, the Midway Speedway Park, or any portion thereof, except to the extent such Loss is the direct result of the gross negligence or intentional misconduct of the Company.  The foregoing disclaimer includes, but is not limited to, any Losses relating to viruses or other electronic malfunctions.  You agree to indemnify, defend and hold harmless each member of the Company Group for, from and against any and all Losses that any of such parties may suffer or incur as a result of (i) any information or content that you submit, post, or transmit on or through the Site, (ii) your use of the Site, (iii) your violation of any of these Terms and Conditions, and/or (iv) your violation of any Law, except to the extent such Loss is the direct result of the gross negligence or intentional misconduct of the member of the Company Group seeking indemnification.

            11.       The Company may terminate or suspend your access to all or any part of the Site, without notice, if the Company believes, in its sole discretion, that you have violated any Law, have violated any of these Terms and Conditions, or that you have violated the rights of a third party.

            12.       If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the remaining Terms and Conditions shall remain in full force and effect to the extent permitted by law.  The failure of the Company to exercise or enforce any of the Terms and Conditions or remedy in relation thereto shall not constitute a waiver of the Company’s ability to enforce any such term and condition at a later time.

            13.       No provision of these Terms and Conditions may be waived, modified, or amended, except by (i) posting on the Site by the Company, or (ii) a written waiver signed by the highest ranking officer of the Company.

            14.       The Company reserves the right to revise, amend, and/or delete any of these Terms and Conditions at any time and without notice.  By using the Site, you agree to be bound by the Terms and Conditions in effect at the time of use.

Revised January 3, 2011