Introduction
Welcome to the Racequip® Helmet, Seats, Harness, Shoes, Suit, Jacket, Gloves website located at racequip.us. By accessing or using our website, you agree to be bound by the following Terms and Conditions, along with our Privacy Policy.
Please read through these terms carefully before using our website. The following Terms of Use agreement sets forth the standards of use of the Racequip® Helmet, Seats, Harness, Shoes, Suit, Jacket, Gloves Online Service. By using racequip.us, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at racequip.us. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Definitions
The terms “us” or “we” or “our” refers to the owner of the website. The term the “Racetrack” or “site” refers to the website, racequip.us. The term “you” or “user” refers to the user or viewer of our website.
Racing Products: Refers to any racing safety product sold on our website, including but not limited to helmets, racing suits, shoes, gloves, seats, harnesses and accessories.
Purchaser: Refers to the individual purchasing or expressing interest in purchasing racing products on our website.
Content: Refers to any information, images, documents, promotions or products displayed on or available through our website.
Acceptance of Agreement
By registering for and/or using this website in any way, including but not limited to visiting or browsing the website, you agree to and are bound by this Agreement. In addition to reviewing this Agreement, please read our Privacy Policy.
For your convenience, we will highlight important clauses in bold.
You may not use this website if you do not accept this Agreement or are unable to be bound by them.
Restrictions on Use of Our Website
You agree not to use the Service for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Service in any way that could damage the Service, the website, or general business interests.
You further agree not to use the Service to:
- Harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- Violate any intellectual property rights of the Service, third parties, or us;
- Upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- Perpetrate any fraud;
- Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- Violate any applicable law or regulation;
- Disseminate or post harmful content including but not limited to hate speech, child pornography, or radical religious ideologies;
- Access or query the Service with any automated system, other than through currently available public interfaces and pursuant to this Agreement and the Privacy Policy.
You agree you will not reproduce, copy, modify, decompile, disassemble, reverse engineer, or make derivative works of or merchandising or commercialize in any way any Content, Service, or technology.
Sale of Products
Our website allows for the purchase of racing safety products. All purchases are subject to product availability. We make all reasonable efforts to accurately display product images, descriptions, and pricing. Despite our efforts, a small number of items may be mispriced. We will verify pricing when processing your order and before we take payment.
If an item’s correct price is higher than our stated price, we will either contact you for instructions before shipping or cancel your order.
Product Descriptions
We make every effort to accurately describe our products and their features on the website. However, we do not warrant that those descriptions are accurate, complete, reliable, current, or error-free. The product images displayed on the website are for illustrative purposes only and may differ from the actual product. While it is our goal to provide accurate product information, manufacturers may alter their product information without our knowledge. Customers should not solely rely on the information presented and should always read labels, warnings, directions and instructions provided with the product before using or consuming it. For additional information, please contact the manufacturer directly.
Order Confirmation
After placing an order, you will receive an order confirmation email from us acknowledging that we have received your order. This email confirmation does not confirm acceptance of your order. Our acceptance of your order and the formation of the contract of sale will take place when we dispatch the products ordered unless we notify you that we do not accept your order or you have cancelled it.
Pricing and Availability
All prices displayed on the website are in U.S. dollars. We reserve the right to limit quantities of any product offered for sale on the website. If we are unable to fulfill your order for any reason, we will notify you and you will not be charged for the product.
Shipping and Delivery
When your product is ready for shipment, we will notify you with shipment tracking information. We will make every reasonable effort to deliver your order according to the requested shipping method and delivery estimate stated during the checkout process. However, delays are occasionally inevitable.
We partner with reliable shipping carriers (such as UPS, FedEx and USPS) to deliver orders in a timely manner, however, we cannot guarantee a specific delivery date or time. Therefore, we shall not be liable for any failure or delay in delivering an order arising from circumstances beyond our reasonable control.
Title to products purchased by you and risk of loss transfers to you when the products are delivered to the carrier. If an order seems incorrect or damaged when it arrives, contact us within 5 business days so we can investigate. We want you to be fully satisfied!
Sales Tax
Sales tax is applied according to state and local tax rates at the location your order ships to.
If you are exempt from sales tax, you must provide us with a valid tax-exempt certificate. Otherwise, we must charge sales tax as required by state and local tax laws.
Returns and Refunds
Please inspect orders promptly upon receipt. If the product is not what you ordered, arrived damaged, or is defective, contact us right away so we can correct the issue.
For most products, you may return items in new and unused condition within 30 days of delivery for a full refund minus any shipping costs.
We may apply restocking fees up to 20% for any items that are not returned in original packaging. Special order or customized items are not eligible for return or refund.
To initiate a return, please email us at [email protected] or call 1-770-505-0193. We will provide return instructions or initiate a replacement as appropriate. We strive to make returns and refunds hassle-free! Credits are applied to your original payment method.
Please note that protective items such as helmets, suits, shoes, gloves, etc. may not be returnable if they have been exposed to hazardous materials, bodily fluids, or other unsanitary conditions.
User Account
In order to purchase products, you may need to register and create an account. You agree to provide true, accurate and complete registration information and keep it updated.
You are solely responsible for any activity occurring in your user account and shall keep your account password confidential. You must notify us immediately of any breach of security or unauthorized use of your account.
We reserve the right to suspend, delete, or restrict access to your user account with or without notice if we suspect it has been used in violation of these Terms and Conditions. You may delete your user account at any time by emailing us at [email protected].
User Content
If you post, upload, input, provide or submit your personal data to us, we may collect and process your personal data under applicable data protections laws. You may choose to provide product reviews, feedback, content and other information to be made available through our Service (“User Content”).
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive. We claim no intellectual property rights over your User Content.
You retain all ownership over your User Content. If you delete your User Content from the Service, copies of your User Content may remain viewable in cached and archived pages, or if other users have copied or stored your User Content.
Our Proprietary Rights
As between you and Racequip® Helmet, Seats, Harness, Shoes, Suit, Jacket, Gloves, we own, solely and exclusively, all rights, title and interest in and to the Service, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Service, and the compilation of the content, code, data and materials on the Service, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.
Your use of the Service does not grant to you ownership of any content, code, data or materials you may access on or through the Service.
Copyright Policy
We respect the intellectual property rights of others. Upon proper notice, we will remove copyrighted content. If you believe your work has been copied and posted on the Service in a way that constitutes infringement, please provide the following information to our Copyright Agent:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You acknowledge that if you fail to comply with the notice requirements above, your notice may not be valid. Please send any notice of alleged copyright infringement to our Copyright Agent at [email protected] or Racequip Copyright Agent 1900 Gateway Blvd Suite 165, San Mateo, CA 94404.
Trademarks
The trademarks, service marks, and logos of Racequip® Helmet, Seats, Harness, Shoes, Suit, Jacket, Gloves (the “Racequip Trademarks”) used and displayed in this Service are our registered and unregistered trademarks or those of our third-party licensors. Other company, product and service names located in the Service may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Racequip Trademarks, the “Trademarks”). Nothing in this Agreement or on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks, without our prior written permission specific for each such use.
Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance and in writing by us. All goodwill generated from the use of Racequip Trademarks inures to our benefit.
Elements of the Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Trademarks may be used by you or any other third-party without our prior written consent for each such use.
##DMCA Notice
The website and any products sold adhere to intellectual property laws. Upon proper notice, we will remove copyrighted content. If you believe any products sold or content uploaded violates your intellectual property rights, you may send to the following information to our DMCA Agent:
- Your name, address, telephone number, and email address
- A description of the copyrighted work that you claim has been infringed
- The URL or location of the alleged infringing materials
- A statement by you stating under penalty of perjury that you are the copyright owner and that you have a good-faith belief that the disputed use is not authorized by you as the copyright owner
- Your electronic or physical signature as the copyright owner
You acknowledge that if you fail to comply with the notice requirements above, your DMCA notice may be invalid
Please send any notice of alleged copyright infringement to our DMCA Agent at [email protected] or Racequip DMCA Agent 1900 Gateway Blvd Suite 165, San Mateo, CA 94404.
Errors on the Website
While we try to maintain accurate displays, descriptions, typography, and listings on the website, inadvertent technical or factual inaccuracies may occur. We reserve the right to correct any errors, inaccuracies or omissions at any time and to change product information, descriptions, and terms without prior notice.
We cannot and do not guarantee the accuracy of any content available on the website. The content and functionality on the website are provided “as is” without warranties of any kind.
Disclaimer and Limitation of Liability
You assume all responsibility related to the suitability of products sold on racequip.us to protect against serious injury or death. No warranty is made as to product ability to protect the user from any injury or death. User assumes that risk.
The website and all content and functionality on the website are provided on an “as is” basis without warranties of any kind, either express or implied.
We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the website or its content will meet your requirements, that access to the website will be uninterrupted, timely, secure, error-free or virus-free, or that defects will be corrected.
We do not make any representations regarding the use, accuracy, reliability, or validity of, any content available on or through the website. You are solely responsible for any damage to your computer system, mobile device, or loss of data resulting from your use of the website.
Under no circumstances will we be liable to you or any third-party for any special, indirect, incidental, consequential, exemplary or punitive damages or lost profits, even if we were advised of the possibility of such damages.
In no event shall our total liability to you from all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Service.
Certain jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Racequip® Helmet, Seats, Harness, Shoes, Suit, Jacket, Gloves, its affiliates, vendors, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms and Conditions;
- Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
- Any claim that your User Content caused damage to a third party.
This defense and indemnification obligation will survive termination of this Agreement and your use of the Service.
Ability to Accept Terms and Conditions
You affirm that you are over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Racequip® Helmet, Seats, Harness, Shoes, Suit, Jacket, Gloves without restriction or notification.
General
We reserve the right to discontinue or modify any aspect of the Service at any time. We reserve the right to immediately remove your access to the Service without notice if you violate these Terms and Conditions.
You waive any right to pursue class action lawsuits against us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
These Terms and Conditions and the relationship between you and Racequip shall be governed by the laws of the State of Georgia without giving effect to conflict of laws principles. You agree that any claim arising out of or relating to these Terms and Conditions that is not subject to arbitration shall be resolved exclusively by a state or federal court located in Fulton County, Georgia, and you hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue therein.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Racequip® Helmet, Seats, Harness, Shoes, Suit, Jacket, Gloves
1900 Gateway Blvd Suite 165, San Mateo, CA 94404
Tel: 1-770-505-0193
Email: [email protected]
