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Terms of Service
TERMS OF USE Please Read This Agreement Carefully Before Using RacePartDepot.com. All content and content found on Racepartdepot.com (the "Site") are provided by Race Part Depot, LLC ("Race Part Depot")as a service to our customers, visitors, users or members ("You" or "Your") and may only be used for informational purposes. However, you may download single copies of information and content from the Site subject to the provisions below. You agree to these terms (the "Terms") automatically on downloading any content from or using this Site. If You do not agree with our Terms, do not use the Site or download any further content from it. If You find any material on this Site objectionable, bring Your concerns to the attention of our website administrator at mailto:info@racepartdepot.com. The administrator reserves the right at anytime to investigate or remove any material believed to infringe on any third-party rights. TRADEMARK/COPYRIGHT INFORMATION The following names or nicknames shall be the property of Race Part Depot for it’s sole use on the Site and in other areas as it deems necessary: "Race Part Depot ", "Racepartdepot.com", "The Depot”, and “RacePartDepot”. The Race Part Depot logo is also the property of Race Part Depot. All other names and trademarks are the property of their respective holders. SINGLE COPY LICENSE All content on this Site are copyrighted by Race Part Depot,LLC. Any unauthorized use of content at this Site may violate copyright, trademark, and other laws. You may download one copy onto a single computer of the content found at Racepartdepot.com for your own personal non-commercial internal use. As a site visitor and member this is all you are permitted to download from the Site unless you are specifically licensed to do otherwise in writing or via licensed terms accompanying specific content by Race Part Depot. This is not a transfer of title. It is a license and is subject to the following limitations: You may not modify the content or use it for commercial purpose, public display, performance, sale or rental; decompile, reverse engineer, or disassemble software content except and only to the extent permitted by applicable law; remove any copyright or other proprietary notices from the content; transfer the content to another person. You agree to prevent any unauthorized copying of the content. Termination of License: Race Part Depot may terminate this single copy license at any time if it is determined that You are in breach of these terms. You must immediately destroy any and all content you have downloaded from this Site on termination of the license. CONTENT OWNERSHIP All Content on this Site is Copyrighted by ©Race Part Depot, LLC 2008, All Rights Reserved, unless indicated otherwise. Race Part Depot retains all copyrights on all the pages and their components and all the collective works available on this Site. Content from the Site may not be copied, reproduced, modified, published, performed, uploaded, posted, transmitted or distributed in any way without Race Part Depot’s prior written consent. Race Part Depot, its parents, subsidiaries, affiliates and their respective directors, officers,employees, stockholders and agents do not give any express or implied right to You under any patents, copyrights, trademarks, or trade secret information,unless otherwise stated in these terms. However, other rights may be granted to You by Race Part Depot in writing or incorporated elsewhere in the Content on the Site. The Content is copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. DISCLAIMER THIS CONTENT IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL RACEWAY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR DAMAGES INCLUDING BUT NOT LIMITED TO; DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES CONCERNING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITY ARISING OUT OF OR RELATING TO: (1)THE USE OF OR INABILITY TO USE THE CONTENT, OR (2) RELIANCE ON THIS CONTENT; OR (3) ERRORS, MISTAKES, OMISSIONS, DEFECTS, TARDINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE BY RACE PART DEPOT OR RACEPART DEPOT’S CONTENT PROVIDERS TO PROVIDE THIS CONTENT. THE PREVIOUS APPLIES REGARDLESS OF WHETHER RACE PART DEPOT WAS ADVISED OF SUCH POSSIBLE DAMAGES. RACE PART DEPOT OFFERS NO WARRANTIES OR REPRESENTS THE IDEA THAT YOUR ACCESS TO AND USE OF THE SITE: (1) IS ENTIRELY SECURE. (2) WILL BE CONSISTANT, UNINTERRUPTED OR FREE OF INACCURACIES, (3) IS FREE OF POSSIBLE VIRUSES, UNAUTHORIZED OR UNDESIRABLE CODE, OR OTHER HARMFUL ELEMENTS. IT IS YOUR RESPONSIBILITY TO TAKE ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT AGAINST ANY DAMAGE, LOSS, CLAIM, OR HAZARD THAT MAY ARISE WHILE YOU USE THE SITE. However, the above limitation may not apply to You because some jurisdictions may not permit each of these disclaimers and limitations. RacePart Depot and its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents does not warrant the accuracy or completeness of the information, text, graphics, links or other items in the content. Race Part Depot may at any time without notice, change the Content or the products and services offered therein on the Site. In addition, RacePart Depot makes no commitment to keep Content updated on a regular basis. By using the Site, You agree to indemnify and hold RacePartDepot and its agents immune from claims, complaints, fines, penalties, or other actions that result from Your unlawful use or possession of any Content obtained via this Site. Race Part Depot will cooperate with local, state and Federal authorities in order to protect this Site, its visitors, customers, and members and RacePartDepot, LLC, its parents, subsidiaries, affiliates and their respective stockholders, employees, officers, directors, and agents and operational providers, to prevent unauthorized or illegal use of this Site or any Content found therein. LIMITATION OF LIABILITY SHOULD RACE PART DEPOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, NOTWITHSTANDING ANY OTHER TERMS OF THIS AGREEMENT, YOU AND RACE PART DEPOT BOTH AGREE THAT SUCH LIABILITY WILL NOT EXCEED: THE LESSER OF [$1,000] OR THE FEES PAID RACEPARTDEPOT ON YOUR BEHALF DURING THE YEAR IMMEDIATELY PRIOR TO THE DAY THE EVENT OR PROBLEM OCCURRED THAT RESULTED IN YOUR CLAIM. YOU AND RACE PART DEPOT BOTH AGREE THAT THE PREVIOUS LIMITATION OF LIABILITY IS AN AGREED AMOUNT OF RISK SHARED BETWEEN YOU AND RACE PART DEPOT. YOU ALSO ACKNOWLEDGE THAT RACE PART DEPOT WOULD NOT PROVIDE THE SITE TO YOU IF YOU DID NOT AGREE TO THESE TERMS. INDEMNITY In addition You agree to defend, indemnify and hold RacePartDepot, and its parents, subsidiaries, affiliates and their respective stockholders, employees, officers, directors, and agents immune to any losses, expenses, and costs including; reasonable attorneys' and expert fees' and other reasonable litigation costs or damages resulting from or in any manner related to; (1) the event that you breach these Terms, (2) unauthorized or illegal use of the Site, and (3) the unauthorized or illegal use of the Site by another using Your private personal information and/or login and password. USER SUBMISSIONS Any material, information or other communication You submit, transmit or post to this Site is considered non-confidential and non-proprietary "Submissions"), unless otherwise discussed and agreed to in writing prior to Your submission. Race Part Depot has no obligations with respect to your Submissions. Through your Submissions, You give RacePartDepot and its designees the freedom to copy, disclose, distribute, perform, incorporate and otherwise use the Submissions and all things within them for any and all commercial/non-commercial purposes as permitted by applicable law. Without further notice any or all Submissions to this Site can and will be monitored, captured, recorded, and transmitted to the authorities if deemed necessary under the law by Race Part Depot in its sole discretion. In addition, You are prohibited from posting or transmitting threatening, libelous, defamatory, obscene, pornographic, illegal or otherwise objectionable material that would violate any law. It will be considered trespassing, computer fraud and abuse, punishable under state and federal laws if you make any attempt to obtain unauthorized access or exceed authorized access to the Site. FORCE MAJEURE Race Part Depot is not responsible for failure or unavailability of the Site and/or it’s services. Race Part Depot is not responsible the failure of a transaction resulting from; strikes, lockouts, disasters, computer failure, Acts of God, the loss or destruction of data, lack of supplier availability, the damage of or corruption of storage media, power failure, nature,riots, vandalism, civil or military intervention or acts, war, terrorism or any event beyond the control of Race Part Depot. LINKS TO OTHER CONTENT Race Part Depot is not responsible for the content of any linked site or any link contained in a non-affiliated linked site that is linkable through RacePartDepot.com. These linked sites are not necessarily under the control of Race Part Depot. We reserve the right to terminate any link or linking program at any time. Race Part Depot has selected links placed on the Site for Your convenience. This selection or omission of links is not meant to endorse certain companies or products. Should you visit any of the third party sites linked to this Site it is entirely at Your own risk. Links to any part of the Site are the responsibility of the linking party. Any link that violates rights of RacePartDepot or interrupts or causes deterioration of services provided by RacePartDepot must be removed or disabled at the request of RacePartDepot. Race Part Depot is not responsible for notifying you of changes in name or location of any content on the Site. Lack of response or a failure to follow these Terms will result in treatment as listed above for unlawful or prohibited use of the Site. ADS ON SITE/ADVERTISERS Your communications with advertisers, or participation in promotions of ads on or through the Site, including payment and delivery goods or services are solely between You and the advertiser. Any other terms, dealings or representations associated with such communications are also solely between you and the advertiser. Race Part Depot is not responsible or liable for any loss of or damage incurred resulting from such dealings or the presence of advertisers or ads on the Site. Product Availability and Prices: Race Part Depot does not guarantee the availability or pricing of products offered through the Site. The products and prices placed on the Site are the responsibility of the advertisers. All product descriptions and prices provided via the Site or email are made by the participating advertiser who claims to possess the described product and not RacePartDepot. Products may not be available when you email or inquire about them. All products are subject to prior sale. All prices and terms are valid on date of publication only. The advertiser is not required to keep a product on hold for You unless you have prior written agreement with said advertiser. The advertiser is free to sell any product at any time unless You have a prior executed agreement to purchase. Submitting a purchase request through Race Part Depot’s Site does not mean a hold will be placed on any specific product for sale via an advertiser. Deposits: You are responsible for know the amount and reasons for any deposit you are asked to make or fees charged prior to purchase or lease of the product. f you make a deposit on a product placed for sale through the Site it will not guarantee that said product will be available to purchase, you have such an agreement with the Advertiser. You are responsible for confirming that a product will be held for you to purchase with the advertiser. DO NOT ASSUME YOUR DEPOSIT IS FULLY REFUNDABLE. Whether or not your deposit is refundable will be subject to the terms of your agreement with the advertiser and/or state law. Warranty: Be sure to get a written warranty from the advertiser before you complete purchase or lease of a product through the Site. Understanding and verifying the terms of a warranty offered for a product you purchase is your responsibility. It is important that you know what you are signing at the time of purchase or lease. Advertisers are not prohibited from negotiating the terms and conditions of the final sale. It is your responsibility to know what you are purchasing and to read the descriptions of the parts and equipment, recreational vehicles, automobiles, trucks, trailers, vehicles, event tickets and other products placed to buy, sell or trade by the advertiser on the Site. It is also your responsibility to physically inspect the product before purchase. As such, the advertiser is responsible for disclosing the history of products listed in ads on the Site including; previous owners,rentals, frame damage, salvage history, stolen-recovery history, water damage,cosmetic damage or defects and any mechanical damage or defects of their products. The advertiser must ensure that their product meets any city, county, state and federal emission and safety standards that may apply to the model and year of their product. Return Policy: Get a copy of the written return policy before you purchase or lease a product through the Site. You are responsible for verifying and understanding the terms of a return policy for a product being offered through the Site. APPLICABLE LAWS Race Part Depot controls this site from its offices within the state of New Jersey. There is no guarantee that the Content in this Site is appropriate or available for use in other locations, or that you may access it from areas where this content is prohibited. You are doing so under your own initiative, should you decide to access this site from one of those locations and you are responsible for complying with applicable local laws. You may not violate United States export laws or regulations via the use or export of Content found on the Site. Claims relating to the Content on the Site will be dealt with by the Laws of the State of New Jersey. Dispute Resolution: Disputes between Race Part Depot and You that may result from these Terms will first be dealt with via direct communication with Race Part Depot's management team members. If You are unable to resolve this dispute with Race Part Depot via communication, You or Race Part Depot may submit any dispute related to or resulting from these Terms to the final and binding arbitration administered by the American Arbitration Association (AAA). The nearest AAA headquarters to RacePartDepot's headquarters shall be involved in dealing with the dispute between You and Race Part Depot. The arbitrator designated by AAA will implement the intent and purposes of these Terms during negotiations. The arbitrator will also indemnify non-breaching parties for and hold them immune from losses, costs, including the costs of arbitration and reasonable attorney's fees, and expenses resulting from any breach of these Terms or from defending against any allegations of a breach of Terms that is determined to be unfounded. Set of Terms: These Terms, including the Privacy Policy incorporated herein by this reference, contains the all of the Terms between You and Race Part Depot relating to the subject matter in these pages and supersedes any written or oral agreements prior to the creation of these Terms. These Terms may not be altered or supplemented by; (1) purchase orders or other forms or contracts created by You relating to the Terms, or (2) written or verbal statements from any of RacePartDepot's employees. Race Part Depot reserves the right to make changes, without prior notice, to the Terms at any time. Race Part Depot will post all changes to the Terms on the Site. All amendments and changes to the Terms will be effective immediately upon posting them. It is Your responsibility to read the most current form of the Terms before using the Site to ensure that You agree to the terms and conditions of the Site. By using the Site,You also agree that these practices for notice of changes to these Terms are acceptable. Termination: Once You breach this agreement, Your right to access and use the Site immediately terminates. Race Part Depot reserves the right to make changes to the Site or take down the Site at any time. In addition, Race Part Depot may terminate Your right to use the Site at any time or these Terms, with or without cause. Sections 5, 6, 7, 10, 13, 14 and 17 of these Terms survive the expiration or termination of this Agreement for any reason whatsoever. Assignment: Race Part Depot has the sole discretion to assign this Agreement, in whole or in part, as it wishes. Without Race Part Depot’s prior written consent You may not assign Your rights under the Terms. Your attempts to assign Your rights under the Terms without Race Part Depot’s permission will be void. Waiver Of Breach: It is not a waiver of breach should Race Part Depot fail to enforce any part of the Terms or any breach of Terms. It is also not a waiver of any future breach should Race Part Depot fail to enforce any part of the Terms. Notice: Any notices to You under these Terms may be delievered via; electronic mail (email), a general notice that will be posted on RacePartDepot.com, or by written mail delivered by first class U. S. mail to the address You have on record in Race Part Depot’s account information. You may send notice to Race Part Depot at any time via electronic mail to info@RacePartDepot.com or via written letter delivered by first class postage prepaid U. S. mail to the following address: RacePartDepot , LLC Headings: Section headings within the Terms are for reference purposes and in no way affect the meaning or interpretation of the Terms. Invalidity: Should any part of these Terms be deemed or found invalid or unenforceable as applied to any specific event or circumstance due to conflicts with the law, regulations, ordinances or other reasons; the said part of the Terms will be reformed so that it is valid and enforceable to the maximum extent permitted in such circumstances as are described by said part of the Terms. Invalidation of any single part of the Terms will not render any other parts of the Terms invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other part of the Terms herein contained become invalid, inoperative or unenforceable. Copyright 2008 Race Part Depot , LLC, All rights reserved.
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