David's Racing Products - Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
By using David's Racing Products or any website owned or operated by David's Racing Products you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions of Use at any time. Please check these Terms and Conditions of Use periodically for changes. Your continued use of www.davidsracingproducts.com following the posting of changes to these Terms and Conditions of Use will mean you accept those changes.
The information presented here has been compiled by David's Racing Products from internal and external sources. However, no representation is made or warranty given as to the completeness or accuracy of such information. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. You should therefore verify information obtained from this site before you act upon it by calling and speaking with a representative of David's Racing Products. David's Racing Products shall not be liable for any damages or injury resulting from your access to, or inability to access this Internet site, or from your reliance on any information provided in the site.
Use of Content
This site is owned and operated by David's Racing Products. All content included on this site, such as text, graphics, logos, button icons, images, audio/video clips, multi-media, and software, is the property of David's Racing Products or its content suppliers and protected by U.S. and international copyright laws. No material from www.davidsracingproducts.com or any website owned, operated, licensed, or controlled by David's Racing Products may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by David's Racing Products. This permission terminates automatically if you breach any of these Termsand Conditions of Use. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without permission from David's Racing Products, "mirror" any material contained on this Site on any other server. For purposes of these Terms and Conditions of Use, the use of any such material on any other website or networked computer environment is prohibited. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks, service marks, and trade names are proprietary to David's Racing Products.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software \(collectively, the \"Software\"\) are licensed to you by David's Racing Products. David's Racing Products does not transfer title of the Software to you. You own the medium on which the Software is recorded, but David's Racing Products retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Any communications you send to this Internet site or otherwise to David's Racing Products by electronic mail, with the exception of personally identifiable information, are on a non-confidential basis, and David's Racing Products is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any David's Racing Products shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of goods or services.
Hyperlinks to or from other sites
David's Racing Products is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from www.davidsracingproducts.com. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from www.davidsracingproducts.com from such third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from www.davidsracingproducts.com, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.
Limitation of Liability
IN NO EVENT WILL David's Racing Products, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING www.davidsracingproducts.com OR THE www.davidsracingproducts.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE www.davidsracingproducts.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON www.davidsracingproducts.com.
IN ADDITION TO THE TERMS SET FORTH ABOVE, David's Racing Products ITS AFFILIATES NOR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN www.davidsracingproducts.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer of Warranty
www.davidsracingproducts.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Indemnification
You will indemnify and hold David's Racing Products, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a Interactive Medium, your use of the www.davidsracingproducts.com website, your connection to the www.davidsracingproducts.com website, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
Miscellaneous
These Terms and Conditions of Use shall be governed by the laws of the State of California, without regard to its conflicts of laws principles. You agree that any lawsuit arising out of or relating to these Terms and Conditions of Use shall be filed only in the courts located in the City of Sonora, State of California and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such lawsuit. If any provision of these Terms and Conditions of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
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