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CALIFORNIA WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov Assume this applies to every product on this site unless otherwise noted.
TERMS OF SERVICE
OVERVIEW
This website is operated by The Race Car Factory. Throughout the site, the terms “we”, “us” and “our” refer to The Race Car Factory. The Race Car Factory offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. In any event, users under the age of 18 should not submit any information to this site without their parent’s permission
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Please see The Race Car Factory Race Team™ Member program for more details specifically about this program.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time, without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Products used for racing have no warranty and we and our vendors have no liability for their use. Many of our products are designed only for racing whether they are designated as such on our site, and may be illegal for street use in your jurisdiction, and you are responsible for complying with any and all laws.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please see below in this document to view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Race Car Factory, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Race Car Factory and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Ohio.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@theracecarfactory.com
Credit Card
We accept MasterCard, Visa, Discover, and American Express Diners Club and JCB. Make sure to enter your complete account number and expiration date and security codes. For your protection, we security check all credit card orders. You will be required to enter the correct billing address to process an order.
Race Car Factory Race Team™ Member Program
Team members will pay the membership price as defined at the time of joining, less any discounts. Discounted memberships will renew at the current membership price at time of renewal.
As a team member, you will have access to special offers, including overstock and discontinued items, member only promotions and other perks that are for members-only. As a member, you will also have access to in-depth consultation for your products, and other special consideration. Please contact a Race Car Factory representative for more information and a personalized tour. The Race Car Factory reserves the right to change Member benefits without notice, at any time.
Refund Policy
Returns & Warranties
Inspect your shipment upon arrival! Call before order if unsure about fitment!
Report any damage or shipping related breakage immediately to the carrier. Used items still under manufacturer’s warranty may have to be inspected by a factory representative before a refund or exchange can be authorized.
Items marked as Closeouts cannot be returned
If you are not completely satisfied, return the new/unused item in the original box pre-paid (customer is responsible for shipping cost) postmarked within 30 days of purchase, un-installed, with a copy of the invoice, for a refund/exchange.
You must contact the Race Car Factory for a Return Authorization form, fill out and return to us. Contacting the Race Car Factory for the RMA form will satisfy the 30-day requirement. However, merchandise must be returned following approval within 30 days, or the 30-90 day period terms will be in effect.
Once a return has been approved, the credit will be processed within 7 days to original form of payment. A 15% restocking fee will be deducted from any item returned not meeting the 30 days after the ship date requirement. A 15% re-boxing fee will be deducted for any item not returned in its original packaging. No returns will be excepted after 90 days past the ship date.
When making a return, please remember a few rules of thumb so your return can be processed as quickly as possible:
• Completely fill out the return form we supply and make a copy for your own records. NO returns will be accepted without a copy of the original invoice.
• Return shipping
•o Purchase and print a FedEx label, and then drop off your package at any FedEx or FedEx/Kinko’ s location or have a FedEx driver pick up the package at your selected address for a slightly higher fee.
• Send the package pre-paid (FedEx, UPS or US Postal Service INSURED) to:
The Race Car Factory
Attn: Returns
10155 Gottschalk Parkway
Auburn Twp., OH 44023
No COD or freight-collect shipments will be accepted. Credit will be issued for merchandise only - no refunds on handling/shipping charges.
Delivery and Shipping Policy
Ground
Orders will be shipped by ground unless specifically requested by the customer. Orders from $0-$50 will incur a $6 additional handling fee. Orders from $50-Up will incur a $9 additional handling fee. Shipping will be based on your zip code and dimensions. Oversize and Heavy items will incur a higher cost. Orders to Alaska Hawaii, US Territories and International shipping will also entail extra cost.
Enhanced
The below priority shipping options are available on orders placed before 6:00 pm EST Monday through Friday that ship within the continental USA. Our standard shipping charges will apply (Orders $0 - $30 will incur a $6 shipping fee, and orders $30 and up will incur a $9 shipping fee) in addition to the priority shipping below; Oversize and heavy items will affect cost.
• 2-Day Delivery (Two business days) $15.99 per 18 pounds dimensional weight. Up to 72 pounds total.
• Next-Day Delivery (By end of next business day) $25.99 per 18 pounds dimensional weight. Up to 72 pounds total.
• Saturday Delivery (Most areas) $18.99 per package will be added to normal Next-Day Delivery charges. Available on orders placed between 9:00 pm EST Thursday and 9:00 pm EST Friday.
These policies can be modified for Race Team members. Please login in with your Race Team membership to see the current policy. We reserve the right to change those terms at any time.
Privacy Policy
Neither your name nor anything about you is sold or shared with any other company.
The following states the Race Car Factory policy regarding the privacy rights of visitors to this website. We respect your right to privacy and your desire for a secure online shopping experience.
Our postal address is:
10155 Gottschalk Parkway
Auburn Twp., OH 44023
We can be reached by telephone at 1-440-543-2590
Information we collect and how it’ s used
We collect aggregate information on visits made to our pages. This information helps us improve the content of our site.
When you purchase a product on theracecarfactory.com.com, we ask you for the following information: name, address, phone number, e-mail address, and credit card. This information is used to process your order and if necessary, to contact you for help when we are processing an order. All information we collect is stored in a secure database.
The Race Car Factory also collects e-mail addresses and SMS information to inform our customers that we received the order, and to send notifications of special offers and promotions.
About Children (Under 18)
For their protection, we ask that children do not submit information to us without the consent of a parent or guardian.
Secure Shopping
We use VeriSign as our SSL (Secure Socket Layer) digital certificate provider, providing our customers the strongest certificate services available. Your credit card information is encrypted while traveling the Internet.
Disclosure of Information Policy
We never make your e-mail address available to any other company or organization.
If you supply us with your postal address, you may receive periodic mailings. If you do not wish to receive such mailings, please let us know by calling us, or writing us at the above address.
If you have supplied us with your postal address, we do not share your name and address with any companies.
Need to make a change?
If you would like to change any of your transactional information in our database please feel free to contact us. You’ll find our phone number and address at the top of this page.
Fraud Alerts
Phishing
A fraud method in which the fraudster sends out legitimate-looking email in an attempt to gather personal and financial information from recipients. The fraudster sends an email to an unsuspecting customer. That fraudulent email might look just like a legitimate Race Car Factory email (including use of our logo). If the customer falls for the bait (thus the “fishing” reference), the thief could get credit card numbers, PINs, expiration dates credit card / bank account numbers and even Social Security numbers.
Vishing
Vishing is very similar to "phishing" but instead of occurring through e-mail it is over the phone. The fraudster will typically pretend to be a legitimate business, and fools the customer into thinking they will profit, such as through a Secret Shopper Scam. In these scams, fraudsters pose as a trusted retailer or bank and obtain personal information from the customer by requesting they "verify" the information on file. The information is then used to generate fraudulent transactions.
A good rule of thumb: If someone is contacting you to verify your personal information, it is very likely you did not provide it to them in the first place, and it is not a legitimate request. Legitimate companies will not expect you to provide your social security number or other personal information when they call you. If you receive a call like this, do not provide any information. If in doubt, call back a trusted number for the company, such as in the one on a statement or invoice, the back of your credit/debit card, or on their official website (not the one sent through a suspicious email. Do not use the phone number provided by the person on the phone.)
Smishing
A combination of the terms "SMS" and "phishing." It is similar to phishing, but refers to fraudulent messages sent over SMS (text messaging) rather than email. The fraudster may text you saying you’ve won a free gift card. Remember, you can’t win a contest you didn’t enter. The Race Car Factory doesn’t notify winners of any contest or ask for any information from you via text message.
Tips to avoid these scams
• Never provide personal information in response to an unsolicited request, whether it is over the phone or internet.
• Do not respond to any suspicious looking email, automated calls or text messages. A trusted company will never ask a customer for sensitive information over a call you didn’t initiate.
• Don’t trust the Caller Id. Fraudsters can manipulate the Caller ID to have it display a legitimate business’s name. To be safe you can check to see if the phone number matches the number that appears on your bank statement, credit/debit card, or phone book.
• If a credit/debit card company actually calls to notify you of suspicious charges, they will not ask for your personal information. Instead they will verify that they have reached the cardholder and ask for them by name. Then they may ask the cardholder to verify the last 4-digits of their Social Security Number (Note: They will NOT ask for the entire Social, Account, Expiration, or PIN). They will then verify if you made that particular charge or not. If anything sounds suspicious, hang up and call your financial institution directly.
• Avoid fraudulent sites by entering web addresses directly into the browser yourself or by using bookmarks you create.
• If you have fallen victim to such a scam and given out your personal account information, contact your financial institution immediately to protect your accounts, block your cards, fill out a fraud affidavit, and take other protective measures as necessary.
Don't respond or reply to an email, phone call, or text message that:
• Requires you to supply personal or account information directly in the email
• Threatens to close or suspend your account if you do not take immediate action
• Invites you to answer a survey that asks you to enter personal or account information,
• States that your account has been compromised or that there has been third-party activity on your account, then asks you to enter or confirm your personal or account information
• States that there are unauthorized charges on your account, then asks you to provide your personal or account information
• Asks you to enter your User ID, Password or account numbers, PIN or card expiration dates into an email, webpage or text message
