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 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 RACE
PART 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. Race
Part 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, Race
Part Depot makes no commitment to keep Content updated on a regular basis.
By using the Site, You agree to indemnify and hold Race Part
Depot 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 Race Part Depot, 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 RACE PART
DEPOT 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 Race
Part Depot, 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 Race Part Depot 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 Race Part Depot or interrupts or causes
deterioration of services provided by Race Part Depot must be removed or
disabled at the request of Race Part Depot. 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 Race Part Depot.
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.
If 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 Race Part
Depot’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 Race
Part Depot’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:
Race
Part Depot , 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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