Thank you for choosing to join DEInsider. By purchasing this product you understand and agree that your use of DEInsider will be governed by the Dale Earnhardt, Inc. / DaleEarnhardtInc.com Terms of Use shown below. The personal information you provide in this transaction will be provided to Dale Earnhardt, Inc. and the use of such information by Dale Earnhardt, Inc. shall be governed by the Dale Earnhardt, Inc. Terms and Conditions of Use / Privacy Policy. Dale Earnhardt, Inc./DaleEarnhardtInc.com Terms of Use IMPORTANT! READ CAREFULLY: THESE TERMS OF SERVICE ("SUBSCRIBER AGREEMENT" OR "AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU AND DALE EARNHARDT INC. AND ITS SUPPLIERS, AND LICENSORS (COLLECTIVELY, "DEI"). PRIOR TO ACCESSING THIS SERVICE, YOU MUST INDICATE YOUR ACCEPTANCE BY CLICKING THE "AGREE" BUTTON AT THE END OF THE AGREEMENT. BY USING THIS SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, INCLUDING ALL AMENDMENTS. DEI provides video and audio content of DEI via its "DEInsider" Subscription Service (the "Service"). By completing the registration process, clicking the "AGREE" button, and using the Service, you agree to be bound by all of the terms in this Subscriber Agreement at any time. DEI may change the terms in this Subscriber Agreement. When the terms are changed, the changes will appear in this document, which you can access at any time by selecting http://www.daleearnhardtinc.com/content/signin/ppterms.aspx. If you agree to be bound by the changes, you should click on the "AGREE" button at the end of the Agreement. If you do not agree to be bound by the changes, you should not use the Service again and you should cancel your subscription to the Service. Even if you do not click on the "AGREE" button, by continuing to use the Service after DEI has posted any such changes in the Subscriber Agreement, you are agreeing now to be bound by all of the changes. PRIVACY OF INFORMATION By using the Service, you are also bound by our Privacy Policy, available at, which governs your visit and use of the Service. FEES AND PAYMENTS You can always find the current Subscription Fees and charges posted on daleearnhardtinc.com under http://www.daleearnhardtinc.com/content/signin/become.aspx. You agree to provide DEI with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service using your user name and password without your authorization, you must call DEI's Customer Service at the telephone number 1-866-DEI-1815 (334-1815) You will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees that may be incurred in an effort to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated by DEI or DEI for breach of this Services Agreement. You must call DEI's Customer Service at the telephone number 1-866-DEI-1815 (334-1815) about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to DEI's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You agree to pay or have paid all fees and charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. DEI may change the fees and charges then in effect, or add new fees or charges upon prior notice to you either by e-mail or publishing the changes on the website at http://www.daleearnhardtinc.com/content/signin/become.aspx You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service. YOU, AND NOT DEI, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. YOUR RIGHT TO CANCEL SERVICES; NO REFUND POLICY You may cancel the Services at any time; however, by clicking the "I AGREE" button and utilizing the Services, you acknowledge and agree that there shall be no refund to you should you decide to cancel the Services, and that all payments made are non-refundable. All subscriptions start the day you order the Service (and such day is included in the calculation of the termination periods). All cancellation dates will be the date that your cancellation notice is received. You may cancel the Services by calling the telephone number 1-866-DEI-1815 (334-1815). You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with DEI. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or the enforcement or application of this Agreement; (2) any policy or practice of DEI, including any DEI Privacy Policy, or DEI's enforcement or application of these policies; (3) the content available through the Service or the Internet or any change in content provided through the Service; (4) your ability to access and/or use the Service; (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods. COPYRIGHT AND LIMITATIONS ON USE Only one individual may access the Service at the same time using the same user name or password, unless agreed otherwise by DEI. The content available through the Service is the property of DEI and is protected by copyright and other intellectual property laws. Content received through the Service may be used and viewed for your personal, non-commercial use only. You agree to use the Service in a manner that complies with all applicable laws. You agree not to copy, deep link, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Service to anyone, including but not limited to others in the same company or organization, without the express prior written consent of DEI. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in the Service. In addition to any other remedies available in equity or law to DEI, failure to comply with any of the terms and conditions in this Subscriber Agreement shall immediately terminate this Agreement and your ability to use the Service. The Service includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. DEI does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations. IF YOU ARE USING A THIRD PARTY'S MEDIA PLAYER SOFTWARE TO VIEW THE SERVICES, THE USE OF SUCH SOFTWARE WILL BE GOVERNED BY THE LICENSING AGREEMENT ACCOMPANYING SUCH SOFTWARE. Any personal information you provide to such third party in connection with your use of their software is governed by that third party's privacy policy and terms of use. DISCLAIMER OF WARRANTIES AND LIABILITY Due to the number of sources from which content in the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Service. NEITHER DEI NOR ITS AFFILIATES OR PARENT COMPANIES, NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (COLLECTIVELLY, "INDEMNITEES") WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE. THE INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH ITS WEBSITES. IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICE. THE INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE INDEMNITEES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO DEI FOR THE USE OF THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE INDEMNITEES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. INDEMNIFICATION. Subscriber agrees to defend, indemnify and hold harmless the Indemnitees and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by Subscriber or Subscriber's account. TRADEMARKS. The following intellectual property is either owned and/or exclusively licensed by Dale Earnhardt Inc. or its affiliates: the DEI corporate name and logo; the Dale Earnhardt Tribute Concert name and logo; the Dale Earnhardt Foundation name and logo; the "E" guitar logo; the Dale Earnhardt Legacy logo; "The Intimidator" trademark; the stylized numbers #1, #8 and #15 trademarks; the images, likenesses, names and signatures of Dale Earnhardt, Dale Earnhardt, Jr., Kerry Earnhardt; Michael Waltrip and Steve Park;Martin Truex, Jr. and the images and likenesses of the #1, #8 and #15 NASCAR Winston Cup Series race cars, as well as the #8 NASCAR Busch Series race car. All rights reserved. All other trademarks appearing on Service are the property of their respective owners. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify DEI immediately of any unauthorized account use. DEI shall not in any way be responsible for any loss that you may incur as a result of any unauthorized use of your account and password. You may not use the Service for any unlawful purpose or for any purpose other than as expressly authorized herein. DEI may refuse to grant you a user name for any reason, including that it impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined solely by DEI. DEI may discontinue, terminate or change the Service, or its availability to you, at any time, and you may always terminate your subscription at any time. You may only receive the Service if you are a Service subscriber in good standing with a valid, authorized credit card on file with DEI. If DEI terminates or discontinues your subscription with cause (for example, due to your breach of this Agreement), you will not receive any refund or partial refund for any charges already billed to your account, and DEI reserves all other rights available to it for such breach. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of DEI. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of North Carolina, as if the Agreement was a contract wholly entered into and wholly performed within State of North Carolina. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. I AGREE