TERMS & CONDITIONS
Race Ready Products Website Agreement:
Please review these terms and conditions before accessing the RACE READY PRODUCTS website. By accessing this website you hereby agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, do not access this site. RACE READY PRODUCTS may modify this site at any time and these modifications will be effective immediately when posted. You agree to review this agreement periodically to be aware of any changes and your continued use or access shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of this site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are RACE READY PRODUCTS, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of the material from different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant RACE READY PRODUCTS a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create, derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to RACE READY PRODUCTS by all means and in any media now known or hereafter developed. You also grant to RACE READY PRODUCTS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional misappropriation of any proprietary right in your communications to RACE READY PRODUCTS.
2. Use of the Site
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE INTERNET. RACE READY PRODUCTS PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND RACE READY PRODUCTS SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLEY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULLNESS OF ALL OPTIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. RACE READY PRODUCT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL RACE READY PRODUCTS BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS, PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF RACE READY PRODUCTS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIMS ATTRITUBALE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, RACE READY PRODUCTS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Indemnification.
You agree to indemnify, defend and hold harmless RACE READY PRODUCTS, its officers, directors, employees, agents, licensors, suppliers and ant third party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, (including negligent or wrongful conduct) by you or any other person accessing the service.
4. Third Party Rights
The provisions of paragraph 2 (Use of the Service) , and 3 (indemnification) are for the benefit of RACE READY PRODUCTS, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination
This agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraph 1 (Copyright, Licenses, and Idea Submissions), 2 (Use of Service), 3 (Indemnification), 4 (Third Party Rights), and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous
This agreement shall be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between RACE READY PRODUCTS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. RACE READY PRODUCTS failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. RACE READY PRODUCTS may assign its rights and duties under this Agreement to any party at any time without notice to you.
Misprint.
RACE READY PRODUCTS is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. Prices, quantities, and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by RACE READY PRODUCTS.
Reservation of Rights.
Any rights not expressly granted herein are reserved.
No Presence Outside of California.
All internet and mail order sales are transacted by RACE READY PRODUCTS which has no presence outside the state of California. No returns will be accepted without prior authorization
