www.XCALRACING.com

This website is owned and operated by Aaron Hillibush. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors access to XCAL Racing events held on the iRacing service, and a fine selection of products in our web shop. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on per transaction to your payment method.

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We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Aaron Hillibush. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

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We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

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Participants ( Known as Car # Owners ) from the 2024 XCAL Racing Web Shop Series, and participants who won a cash prize during a special event in 2024, who have not made arrangements to cash out their remaining balances or forward their balance toward the 2025 season, will no longer receive any email reminders. If they do not make arraignments within 45 days of the start of the 2024 XCAL Racing season on Wednesday January 1st 2025 they will surrender their balances to XCAL Racing. Balances will be surrendered to XCAL Racing on February 15st 2025.

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You agree to indemnify and hold Aaron Hillibush harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered, merchandise, or file downloaded from/on the website.

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To the maximum extent permitted by applicable law, in no event shall Aaron Hillibush, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Aaron Hillibush assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of XCAL Racing. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by arbitration procedures as the sole dispute resolution mechanism. Additionally you waive certain legal proceedings (such as a jury trial or class actions).

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XCAL Racing is a public community. All users that join a community have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website. A user of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).

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XCAL Racing IAAP (Individual Achievement Awards Program) Terms and Conditions
1. Eligibility

All current and prior car owners and drivers in XCAL Racing's weekly primary series (who are in good standing) are eligible to join the XCAL Racing IAAP. 

2. Entry

To join the XCAL IAAP, participants must fill out the form located on XCAL Racing IAAP. Members must be 18 years old or have parental permission.

3. Awards and Categories

There are 8 different categories for awards, each with 5 ascending tiers. These categories may change in the future, including the addition of new categories or retirement of current categories. Progression through the tiers of any category is made possible through participation in XCAL Racing's yearly primary series. Statistics from secondary series or special events are not counted in these totals. Additional benefits have become available for 2025, see PMMP Insurance below (10).
 

4. Award Determination

The determination of which award categories and tiers a member has reached is made by the President of XCAL Racing, based on the individual statistic tracking of XCAL Racing.
 

5. Membership Fees

There is a $30.00 (U.S. Dollars) yearly fee to join the XCAL IAAP.  Some awards for categories such as 'Total Laps Led' and 'Total Laps Completed', as well as Championship trophies, will only be sent out once per year after the primary series has concluded its season in full. Paid memberships that begin on or after November 1, 2024, will last a duration of one calendar year. Membership may renew automatically each year, and can be canceled anytime. There are no refunds for canceled memberships. Refunds are only issued under the circumstances listed in the General Conditions (9) below.
 

6. Use of Entries

Entries will be used for determining eligibility for various award categories and the tiers available in those categories. Additional benefits in 2025 may include, but are not limited to, Discord roles and subject matter displayed on the XCAL Racing website. Members who submit electronic images of themselves displaying awards from the XCAL IAAP give XCAL Racing the right to use those images for promotional purposes.
 

7. Privacy

Personal information will be kept confidential except for sharing required to ship potential awards and trophies to the address provided at sign-up. Your information will not be sold.
 

8. Disqualification

Participants who commit actions detrimental to XCAL Racing, our sponsors, our broadcast networks, or eSports in general risk disqualification from the XCAL IAAP. Participants who are disqualified from the XCAL IAAP are not eligible for any refund. Partial disqualification may occur in the category of 'Consecutive Starts' if one or a combination of XCAL-issued penalties make a participant ineligible for competition in a single or multiple events. In such cases, the 'Consecutive Starts' a member is scored with resets to zero and will return to one (1) after the completion of the first event they become eligible for.
 

9. General Conditions

•     Lost or damaged patch awards can be replaced for a fee of $9.95. Lost or damaged trophies cannot be replaced.

•     Statistics for award categories such as 'Total Laps Led' and 'Total Laps Completed' may only be totaled at the conclusion of the season and may vary slightly from automated systems used by iRacing and/or Sim Racer Hub. If you believe there is an error in your statistical scoring, please contact President@xcalracing.com for a review of your statistics.

•     XCAL Racing reserves the right to terminate the IAAP at any time with or without advance notice. If XCAL Racing terminates the IAAP, any paid memberships less than 180 days old will receive a full refund of membership fees. Memberships older than 180 days will not receive a refund.

•     Each registered member may receive each tier award one time.

• ​Patches, awards, and trophies may vary season to season; and may vary from what is displayed on this website or other promotional materials.

•     International tariffs and taxes are not covered by XCAL Racing. Additional fees may be required for patches, awards, and trophies sent outside the United States of America.

•     Most patches will be issued within 30 days of a member reaching an award tier. Trophies and other awards are issued on an annual basis after the conclusion of the racing season. 

• XCAL Racing, its owner, and staff are not liable for any damage caused to property or persons who receive patches, trophies, or other awards.

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10. PMMP Insurance

PMMP Insurance begins in 2025 with the season opening XCAL Racing 420 Powered by ButtKicker. Any and all penalties earned before the start of the 2025 season still apply as normal. The following benefits start after payment is received, and DO NOT apply to penalties issued BEFORE membership is purchased!

• IAAP members receive a 50% reduction on all PMMP issued for driver's penalties.

• IAAP members who do not complete their reduced PMMP do not go into the penalty bonus.

• IAAP members are immune to PMMP issued to car # owners that end an event with 4 or more Owner's Strikes.

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Please review these terms and conditions carefully. By participating in the XCAL Racing IAAP, you agree to abide by these terms. For any questions or concerns, please contact us at President@xcalracing.com.