Terms and Conditions
These terms and conditions create a contract between you and Juncos Racing, Inc. (the “Agreement”). Please read the Agreement carefully.
By placing an order with Juncos Racing Inc, you agree to the terms and conditions set out in this Agreement.
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the Governing Law clause, affects your rights as a Consumer to rely on such mandatory provisions of local law.
Definitions and interpretation
“Business” means a Buyer which is purchasing the Services in connection with their trade, business, craft or profession and is referred to in this Agreement as ‘you’;
“Consumer” means a Buyer who is purchasing the Services wholly or mainly for their personal use and is referred to in this Agreement as ‘you’;
“Digital Content” means data which are produced and supplied in digital form;
“Juncos” means where the Buyer is purchasing the Service from Juncos Racing Inc. whose office is at 4401 Gilman St, Indianapolis, IN 46224, USA, USA; and is referred to in this Agreement as ‘us’, ‘we’, and ‘our’;
“Checkout” means the online checkout that Buyers use to purchase the Services and make payment to Juncos using payment methods such as credit card, PayPal, alternative payment methods and bank transfer;
“Service” means Junco’s services through which you can buy, get, or subscribe (and which for the avoidance doubt includes Junco’s Checkout); and
“Agreement” means Junco’s terms and conditions in respect of the Services;
“Transaction” means acquiring the Services for a charge.
1. CONTRACT FORMATION
By completing a Transaction through Juncos Checkout, you make a binding offer to enter into a contract with Juncos, subject to the terms of this Agreement. The Transaction process consists of the following steps:
- You select the desired Service and agree to the terms and conditions of the Agreement.
- You can review all of the information again and, if necessary, correct it before completing the Transaction. You complete the Transaction by clicking on the button stating “place order” or a corresponding unambiguous statement that indicates that placing the order entails an obligation to make a payment.
- Juncos will confirm receipt of the Transaction of the order immediately by sending you the order confirmation. The order confirmation will result in the creation of this Agreement and is acceptance of your offer to purchase the service.
- Your Agreement with Juncos is concluded upon the successful transmission of the Service, subject to the terms of this Agreement.
2. PAYMENTS, TAXES AND REFUNDS
- Juncos Racing Inc. will charge your selected payment method for any paid Transactions, including any applicable taxes. You agree to receipt of all invoices in an electronic format, which may include email. Service prices may change at any time.
3. CONTRACT CHANGES
- Juncos reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event you refuse to accept such changes, Juncos will have the right to terminate the Agreement.
4. TERMINATION AND SUSPENSION OF SERVICES
- If you fail, or Juncos suspects that you have failed, to comply with any of the provisions of this agreement, Juncos may, without notice to you (i) terminate this agreement and (ii) preclude your access to the Services. Juncos further reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice to you, and Juncos will not be liable to you should it exercise such rights. To that extent, Juncos will warn you in advance of any modification, suspension, or discontinuance of the Service. Termination of the Service will not affect any rights accrued thereunder or the Service that you have already acquired.
5. CANCELLATION RIGHTS
- Right of cancellation: If you choose to cancel your order, you may do so within 14 days of when you received your receipt, without giving any reason. To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired.
- Effects of cancellation: We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the Transaction, and you will not incur any fees for such reimbursement.
6. REFUND POLICY
Refunds are provided at the sole discretion of Juncos and on a case-by-case basis and may be refused.
7. TRADEMARK, LOGOS & IMAGES
- By completing the Transaction, you authorize Juncos to use the trademark, logo or image uploaded on the following terms.
- We as the proprietor of the Mark and the owner of goodwill in the Mark, grant you limited, non-transferable, revocable permission to use the Mark solely:
- As uploaded without modification, (excluding color) including any trademark notices shown there.
- Until expiry of the 2024 Season or until this permission is revoked by us, whichever happens first.
- For the purposes and in the manner described as ‘use on the race cars at any race in the NTT IndyCar Series’ in the 2024 series; and
- Subject to all the limitations and restrictions set out in5.
- Your right to use the Mark is limited to the form and manner of use described in paragraph.
- No other use of the Mark is permitted under this agreement.
- You shall obtain our prior written approval of all items and materials that incorporate or bear the Mark.
- You shall not place or depict the Mark in any manner or in any materials that would tend to denigrate, disparage, tarnish, dilute, misrepresent or otherwise adversely affect or take advantage of the Mark or its reputation, us or any of our affiliates or any of our or their respective services.
- We may revoke this permission at any time with immediate effect by written notice to you by email.
- You acknowledge that we own and will retain all rights, title and interest in and to the Mar You acknowledge that neither we nor any other person has made or makes any representation or
- Warranty of any kind in relation to the Mark.
- You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us or our affiliates arising out of or in connection with any breach by you of the terms of this letter and any use you make of the Mark
- You shall, throughout the period of use in Appendix B, obtain and maintain at your own cost and expense insurance coverage for both bodily injury and property damage liability, including complete operations liability, personal injury and advertising coverage.
- You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under this agreement. We may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all of our rights and obligations under this agreement.
- This agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
- This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Indiana.
- You and we irrevocably agree that the courts of Indiana shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
8. QUALITY STANDARDS
- Customers are responsible for uploading high-quality images in JPG or PNG format. Blurry, pixelated, or distorted images may be rejected or subject to editing.
9. COPYRIGHT & PERMISSIONS
- Customers must ensure they have the necessary rights, permissions, or licenses for all images uploaded. Juncos is not liable for any copyright infringements resulting from uploaded images.
10. RELEVANCE & APPLICABILITY:
- Uploaded images should be relevant to the purpose and theme of the Power of the People. Juncos reserves the right to reject images that are unrelated or inappropriate for the context of the program.
11. CONTENT INTEGRITY & COMPLIANCE:
- Customers who upload such content will be subject to immediate action, including the removal of offensive images and potential suspension of access to the program. In such cases, no refund will be provided for any fees or charges associated with the Power of the People program.
- By using the Juncos platform, customers acknowledge and agree to abide by this refund policy and the content standards outlined in these terms and conditions. It is the responsibility of each customer to ensure that all uploaded images adhere to these standards, and failure to comply may result in the loss of access to the Power of the People program without refund.
12. EDITING & ALTERATIONS
- Juncos reserves the right to make minor edits, color alterations or adjustments to images for the purpose of optimizing display and maintaining a consistent design across the advertisement.
- Substantial alterations or manipulations to images will not be undertaken without prior consultation with the customer.
13. IMAGE PLACEMENT and ARRANGEMENT:
- Juncos retains the right to determine the final location and arrangement of images on the website, at its sole discretion.
- While reasonable efforts will be made to maintain the integrity of image placement as originally uploaded, Juncos may move images to different sections of the advertisement or positions of the advertisement on the car to enhance user experience and design cohesiveness.
14. RELEASE & INDEMNIFICATION
- By uploading and providing images to Juncos, you grant Juncos a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, and modify the images for promotional and marketing purposes across all forms of media. This permission includes, but is not limited to, the use of images in:
- Juncos official website.
- Social media platforms, including but not limited to Facebook, Instagram, Twitter, and LinkedIn.
- Print materials such as brochures, flyers, and posters.
- Digital marketing campaigns, including email newsletters and online advertisements.
- Press releases and media outreach.
- You acknowledge that Juncos may use the images in both digital and print formats, and that Juncos may modify the images as necessary to suit the requirements of various media.
- You confirm that you have the necessary rights, permissions, or licenses to grant this usage permission to Juncos and that the images provided do not infringe upon the rights of any third party.
- This permission is granted indefinitely and may be revoked by you in writing at any time. However, please note that revoking permission may affect the visibility and representation of your content in Juncos’s promotional efforts prior to the revocation.
- By providing images to Juncos, you agree to these terms and grant Juncos the specified usage permission.
- Customers indemnify and hold Juncos harmless from any claims, liabilities, or expenses arising from the use of uploaded images, including copyright infringement claims.
15. DISCRETIONARY CHANGES
- Juncos reserves the right to modify these terms and conditions at any time. Customers will be notified of any changes, and continued use of the Power of the People program constitutes acceptance of the updated terms.
- By uploading images to the Juncos website, customers acknowledge and agree to abide by these terms and conditions, ensuring the quality, relevance, copyright compliance, and content integrity of the uploaded images.