23race.com Website Privacy and Use Policy

Acknowledgment and Acceptance of Terms

Gemini Technology Systems, Inc. ("Gemini"), Michael Jordan Motorsports a/k/a MJMS Racing, LLC ("MJMS"), and/or their partners, affiliates, parents, sponsors, and subsidiaries (collectively referred to herein as "Jordan") understands your concern with privacy and the collection and use of your personal information while visiting or interacting with the 23race.com website and is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interacts with our web site. By accessing 23race.com, you acknowledge that you fully understand Jordan's Privacy Statement and freely consent to the information collection and use practices described in this Web Site Privacy and Use Policy. The amount and type of information which we receive depends on how you use the site.

This Web Site Privacy and Use Policy was last updated on 11/15/2010.

Limitation on Scope of Content

The Jordan Website contains information regarding Gemini, MJMS, the Jordan Motorsports Race Team and its members, and Jordan's products and promotional programs. The promotional programs described in this site are available only in those states and territories of the U.S. specifically referred to within the description of each such program. All pricing information referred to in this site, unless otherwise specifically stated, is in U.S. dollars.

The policies described in this Web Site Use and Privacy Policy do not apply to Jordan's offline communications, data collection practices, or other activities.

No Representation or Warranty

Jordan reserves the right to modify the information contained in this site at any time without notice. While Jordan makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and Jordan does not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this site. This site, and all information and materials contained herein, are provided to you "as is" and without warranty of any kind. This site may contain hypertext links to other World Wide Web sites which are completely independent of this site. Jordan makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such hypertext link, and any hypertext link to the World Wide Web site of another person or entity shall not in any manner be construed as endorsement by Jordan of such person's or entity's World Wide Web site, products or services, and Jordan will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your linking to any other off-site pages or other sites is at your own risk. Your confidential use of this site cannot be guaranteed by Jordan. Jordan shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of this site or any information you transmit to this site.

Normal Website Usage

If you visit Jordan's Website, we may gather and store certain information about your visit. The information that we collect does not personally identify you and cannot be linked back to you unless you decide at some point to identify yourself. If you are browsing, we may collect the following information: the type of browser and operating system used, the IP address, the date and time you access our site, the number of times you have accessed our site, whether your computer is enabled for Java or cookies, browser language, application and plug-ins, the pages you visit and if you linked to 23race.com from another website, and the address of that website. We use this information to generate statistics and measure site activity to better provide you with a smooth and efficient experience in using our website.

Use of Cookies

Cookies are pieces of information that a Website transfers to an individual's hard drive for record-keeping purposes so that we may track site and user activity. The use of cookies is an industry standard and you will find them at most major Websites. By showing how and when visitors use the site, cookies help Jordan to determine better which areas of our site are popular and which areas are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. Most browsers are initially set to accept cookies. If you'd prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of our site will not function properly if you do so.

Surveys

Periodically, we may request visitors to provide information and feedback in the form of surveys. These surveys are voluntary and the visitor always has the option to decline. Any information collected will be used to evaluate the products and services of Jordan.

Collection of Personally Identifiable Information to Provide a Service or Correspondence

There are instances where Jordan requests and collects information which may be personally identifiable to provide the Website visitor a service or correspondence (e.g., e-newsletters, promotions, mailed brochures, and/or press releases). This personal information, such as name, mailing address, e-mail address, type of request, and possibly additional information, is collected and stored in a manner appropriate to the nature of the data, and may be passed on to our sponsors, affiliates, and fulfillment associates. Once our sponsors, affiliates, and/or fulfillment associates receive this information that data also becomes the property of each respective sponsor, affiliate, and/or fulfillment associates. Any request to opt out of future communications from such sponsors, affiliates and/or fulfillment associates must be made directly to each such party.

Transmission of Information

Even though we endeavor to ensure that all available procedural safeguards are integrated into our Website, transmission of information through our website has the potential of being unstable, unreliable and insecure. Jordan makes every effort to ensure the secure collection and transmission of sensitive user information using industry-accepted data collection and encryption methodologies such as SSL (Secure Sockets Layer) and PGP (Pretty Good Privacy); there is a risk however, that information may be illegally intercepted.

Secure Sockets Layering (SSL)

We take all reasonable steps to protect our customers' personal information against loss, misuse, and alteration. Our website uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions. Because we use SSL, placing an order online at our website is just as safe as giving your credit card number over the phone.

When you make a purchase online, either a solid key or a locked padlock icon will appear in the lower right of your browser window. This icon indicates that your transaction session is secured through Secure Sockets Layer (SSL). If one of these icons does not appear, please contact Michael Jordan Motorsports at (262) 642-8756 to complete your purchase.

E-news and Promotional E-mails

From time-to-time, we may offer free e-newsletters and occasionally send out promotional e-mails as a service to our visitors. We send e-mails only if the user has opted to receive communications from Jordan through its websites, its affiliates, or sweepstakes. If a user elects to use our referral service to inform a friend about our site, we ask the user for the friend's name and e-mail address. Jordan will automatically send the friend a one-time e-mail inviting them to visit the site. Jordan does not store this information and the information is used for the sole purpose of sending this one-time e-mail.

Personally Identifiable Information Collected Through Sweepstakes, Giveaways, or Promotional Events

There will be times when we offer sweepstakes, giveaways, or other promotional events through this website. In such cases, we may ask you for personally identifiable information in order to process your entry. There may be other times we request personally identifiable information. IN ALL SUCH CASES, WE RESERVE THE RIGHT TO SHARE PERSONALLY IDENTIFIABLE INFORMATION WITH CERTAIN CAREFULLY SELECTED ASSOCIATED COMPANIES, ALL OF WHOM HAVE AGREED TO ABIDE BY THE TERMS OF THIS ONLINE PRIVACY AND USE POLICY AND TO COMPLY WITH STATE AND FEDERAL LAW. SUCH ASSOCIATED COMPANIES MAY INCLUDE, WITHOUT LIMITATION, THE FOLLOWING: SWEEPSTAKES ADMINISTRATORS, OUR TEAM SPONSORS, OR FINANCIAL INSTITUTIONS. BY ENTERING A SWEEPSTAKES OR GIVEAWAY CONTEST OR BY VOLUNTARILY SHARING YOUR PERSONALLY IDENTIFIABLE INFORMATION WITH US, YOU AGREE TO ALLOW US TO SHARE ANY AND ALL SUCH INFORMATION WITH OUR ASSOCIATED COMPANIES. IF YOU DO NOT AGREE TO THE SHARING OF SUCH INFORMATION, PLEASE DO NOT ENTER OUR SWEEPSTAKES, GIVEAWAYS, OR PROMOTIONAL EVENTS.

Copyright/Trademark Ownership

The original content of the Jordan Website, including without limitation the text, software, graphics, photos, and images ("Content"), are owned by or licensed to Jordan, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Jordan reserves all rights not expressly granted in and to the Website and the Content. You may use the information, text or graphics contained in this site only for your personal use and may not reproduce, adapt display, publically perform, distribute, or publish the Content, in whole or in part, for any purpose whatsoever without the express written consent of Gemini, MJMS, and/or their affiliates or sponsors.

The Jumpman mark and design are registered trademarks of Nike, and are used by license agreement. The Jordan name, mark and any affiliated or derivative design may not be used, downloaded, copied or distributed in any way without the express written consent of Gemini and/or Jordan. Each respective Sponsor's name and/or trademark(s) is/are the sole and exclusive property of each such Sponsor, and no rights have been granted to any third-party for their use of such names or marks by their inclusion within this Website. Nothing on the Website shall be construed as conferring any license under any of Jordan's, its affiliate's, or Sponsor's trademark or other intellectual property rights, whether by estoppel, implication, or otherwise. Certain images displayed have been provided by third parties. Such images are a© of each respective individual or entity, 2008-20010. All rights reserved.

Chat Rooms and Forums

The Jordan Website may in the future include chat rooms, forums, message boards, and/or news groups. If so, Jordan shall be deemed as a passive conduit will not be liable for any of the transmitted information. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive unsolicited emails or "spam." Jordan cannot safeguard the privacy of personally identifiable information that is disclosed and can be viewed or accessed online in this manner.

User Submissions

The Jordan Website may now or in the future permit the publication of communications or data posted by you and other users ("User Submissions"). Any User Submission that you post to the Jordan Website shall automatically be deemed non-confidential. By posting a User Submission, you expressly grant Jordan a royalty-free, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and further including the unfettered right to sublicense such rights.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you agree that you will not: (i) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the sole owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage Jordan, its Sponsors, or any third party; (iii) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (iv) post advertisements or solicitations of business; (v) post chain letters or pyramid schemes; or (vi) impersonate another person.

Jordan does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Jordan expressly disclaims any and all liability in connection with User Submissions. Jordan does not screen communications and/or submissions in advance, and shall not be responsible for screening or monitoring User Submissions. If notified by a user of a User Submission that allegedly does not conform to this Agreement, Jordan may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Submission.

Children's Online Privacy Protection

The Jordan Website complies with the Children's Online Privacy Protection Act of 1998 ("COPPA"). COPPA and its accompanying FTC regulation protects the privacy of children using the Internet. Jordan does not knowingly collect contact or personally identifiable information from children under 13. The Jordan Website is not intended to solicit information of any kind from children under 13, and is designed to block our knowing acceptance of any such information, wherever age related information is requested. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at kreig@23race.com.

No Offer to Sell or Lease

All of the information contained in this site is for informational purposes only and in no way constitutes an offer to buy or sell products of Jordan and/or its respective Sponsors. The purchase of any motorcycle shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract, as entered into between yourself and an authorized dealer. This site shall not be used or relied upon by you as a substitute for information that is available to you from a manufacturer, authorized distributor, or an authorized dealer.

Limitation of Liability

In no event shall Jordan, its Sponsors and/or its affiliates or their officers, directors, employees, attorneys, agents, or assigns be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever , Including without limitation, lost profits or damages resulting from lost data or business interruption, resulting from your use or inability to use the Jordan Website, whether based on warranty, contract, tort or any other legal theory, and whether or not Jordan is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Jordan shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.

You further acknowledge that the use of motorized vehicles can be dangerous and may lead to serious injury or death, and that any information you receive through the Website concerning the operation of motorized vehicles is for general reference and is not in any way a substitution for professional training. Your use of any such information is entirely at your own risk, as even proper operation and used of a motorized vehicle may not prevent serious injury or death.

Indemnity

You agree to defend, indemnify and hold harmless Jordan, its officers, directors, employees, attorneys, agents, assigns, and Sponsors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Jordan Website; (ii) your violation of any term of this Policy; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Jordan Website. Jordan shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.

Changes to this Statement

Jordan has the right, in its sole discretion, to occasionally update this Web Site Use and Privacy Policy at any time and without Notice, and it is your responsibility to review this Policy for any changes. When we do, we will also revise the "updated" date at the top of this privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.

Consent to Terms of Online Privacy and Use Policy

If any provision of this Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect. No waiver of any term of this Policy shall be deemed a further or continuing waiver of such term or any other term, and Jordan's failure to assert any right or provision under this Policy or any other Agreement shall not constitute a waiver of such right or provision. By using this site, you signify your assent to this Web Site Privacy and Use Policy. If you do not agree to this policy, please do not use this site.

If you have questions or comments regarding the Web Site Use and Privacy Policy, please contact kreig@23race.com and note "Web Site Use and Privacy Policy" in the Subject line of the e-mail or contact us via mail by sending a letter to Jordan Privacy Team, 2010 Energy Drive, East Troy, WI 53120-1357.