TERMS OF USE

 

THESE TERMS AND CONDITIONS OF USE (THE "TERMS") SET FORTH THE TERMS ON WHICH MADDOGSMOTORSPORTS.COM, LLC AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES ("THE COMPANY," "WE," "OUR" OR "US") PROVIDE THE CUSTOMER ("YOU" OR "YOUR") ACCESS TO THIS WEB SITE ("MADDOGSMOTORSPORTS.COM") AND OUR SERVICES. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE MADDOGSMOTORSPORTS.COM.


FULL RELEASE BY YOU:


1.  Eligibility for Use. The services provided on maddogsmotorsports.com are available only to individuals who can form legally binding contracts under applicable law. By using this site, you represent that you are able to form a legally binding contract. We may refuse our services to anyone at any time in our sole and absolute discretion.


2.  Payment. You agree to pay for all orders placed.


3.  Typographical Errors/Pricing Errors
In the event that a Maddogs Motor Sports product is mistakenly listed at an incorrect price, Maddogs Motor Sports reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Maddogs Motor Sports reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Maddogs Motor Sports shall issue a credit to your credit card account in the amount of the incorrect price.


4.  Your Information. You agree that any information provided by you through maddogsmotorsports.com: (i) shall not be fraudulent; (ii) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any law, statute, ordinance or regulation; (iv) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) shall not be obscene; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, or other disabling devices that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.


5.  System Integrity. You agree that you may not use any device, software or routine to interfere or attempt to interfere with the proper working of maddogsmotorsports.com. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to, or share your password with, any third parties. You may not use your password for any unauthorized purpose.


6.  Ownership of maddogsmotorsports.com and Information Contained Herein. maddogsmotorsports.com is owned and operated by the Company. All information, including, without limitation, text, graphics, software and all HTML, CGI and other codes and scripts in any format used to implement Maddogs Motor Sports ("Content") are our property or that of our licensors. The Content on maddogsmotorsports.com is or personal use only. You may not copy, modify, upload, download, transmit, (re)publish or otherwise distribute any Content from maddogsmotorsports.com except as expressly permitted by these Terms and conditions. Doing so will violate our copyright, trademark and other proprietary rights. All Content on maddogsmotorsports.com is protected by United States Copyright Law, Trademark Law and applicable international treaties and conventions governing intellectual property. Any and all of our trademarks and trade names used in connection with maddogsmotorsports.com shall remain our exclusive property. Nothing contained in the Terms and conditions shall be deemed to give you any rights in, or to, any of our trademarks.


7.  Operating Policies. Those visiting and/or using the maddogsmotorsports.com Web site are forbidden to use this site to assist in the sale or purchase of automotive parts or related products in any manner that prevents, or may prevent, maddogsmotorsports.com from participating as a compensated facilitator of such sale or purchase. Any such action is in direct violation of the policies of maddogsmotorsports.com and this site's Terms and Conditions of Use.


maddogsmotorsports.com reserves the right to remove postings and/or suspend use of all maddogsmotorsports.com services at any time, without notice or cause. Additionally, maddogsmotorsports.com may stop offering and/or supporting the website at any time.


Website use will be automatically and entirely suspended in cases where improper activities are pursued on this site, including, but not limited to, posting or listing items for sale without use of the maddogsmotorsports.com system and/or in any way seeking to circumvent the fees or other consideration received by maddogsmotorsports.com for use of its marketplace.


Postings or listings in violation of this site's Terms and Conditions of Use include, but are not limited to:

Using chat areas to arrange purchases or sales outside of the maddogsmotorsports.com system including information or solicitations for additional sales in communications related to purchase or sale transactions on the maddogsmotorsports.com system.


Directing users of the maddogsmotorsports.com site to any other Web site or to an e-mail address for the purpose of making purchases or sales outside of the maddogsmotorsports.com system.


Advertising the purchase or sale or automotive parts or related products in any manner that in any way precludes maddogsmotorsports.com from obtaining its customary fees for purchase or sale.


8.  Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS PROVIDE TO YOU THE WEBSITE "AS IS" AND "WITH ALL FAULTS"; AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE REMAINS WITH YOU. THE WEBSITE COMES WITHOUT SUPPORT. The accuracy and reliability of the content on maddogsmotorsports.com is not guaranteed. We assume no liability for any errors, bugs, viruses, omissions or other problems with the content on maddogsmotorsports.com. To the fullest extent of the law, we make no representations or warranties of any kind whatsoever with respect to the content on maddogsmotorsports.com or the materials, information and functions made accessible by the software used or accessed through maddogsmotorsports.com, for any products or services or hypertext links to third party sites, or for any breach of security associated with the transmission of sensitive information through maddogsmotorsports.com or any further linked site. We do not assume any liability or make representations of any kind about the accuracy or trustworthiness of any parts data (including price, part numbers, descriptions), the suitability of the parts for any particular purpose, nor the safety and quality of any parts. We do not guarantee continuous, uninterrupted or secure access to maddogsmotorsports.com, and operation of maddogsmotorsports.com may be interfered with by numerous factors outside of our control.


9.  Limitation of Liability. In no event are we liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the services on maddogsmotorsports.com or maddogsmotorsports.com programs, software or printed materials, even if we have been advised of the possibility of such damages. Some states do not allow the exclusions or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. IN NO CIRCUMSTANCE WILL THE LIABILITY OF .COM EVER EXCEED THE TOTAL AMOUNT OF PARTS ORDERS THAT YOU MAY HAVE PLACED THROUGH YOUR USE OF THE MADDOGSMOTORSPORTS.COM WEBSITE.


Maddogs Motor Sports will not be responsible for any damage or loss caused by delays, failures or other consequential damage, nor for labor, transportation or any other charges incurred in the replacement or repair of a defective item. Additionally, Maddogs Motor Sports does not accept any responsibility for consequences resulting from installations on vehicles operating beyond world wide speed limits.


10.  Indemnity. Buyer shall indemnify, defend and hold us harmless and our employees, agents, successors, officers, directors, and assigns, from any and all suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees and paralegal fees) that we may sustain or incur, arising from or out of a respective: (i) Buyer's or Seller's failure to comply with any applicable laws and/or regulations; (ii) Buyer's or Seller's breach of any of its obligations set forth in these Terms; or (iii) Buyer's or Seller's use of or participation in maddogsmotorsports.com.


11.  Privacy. maddogsmotorsports.com works to protect consumer information that we collect against unauthorized access, disclosure, alteration or destruction. Efforts include, but are not limited to, the use of a secure server software, passwords and credit card encryption and information access limitations. We agree to adhere to all applicable Unites States federal and state laws and industry practices relating to the collection and use of personal information from maddogsmotorsports.com visitors.


12.  General. The Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of laws provisions. You and the Company agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in an appropriate state or federal court located in the County of Kent, State of Michigan. These Terms represent the entire understanding between you and us.


13.  Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail to maddogsmotorsports@comcast.net (in our case) or to the e-mail address you provide to us during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid or unless we receive notification that the message cannot be delivered by e-mail. Alternatively, we may give you notice by overnight courier or certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.


14.  Restrictions on Use of maddogsmotorsports.com. Some Content onmaddogsmotorsports.com may be subject to United States Export Controls. maddogsmotorsports.com is designed for use within the United States only. No Content from maddogsmotorsports.com may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cote d'Ivoire, Cuba, Democratic Republic of the Congo, Iran, Iraq, Libya, Myanmar (Burma), North Korea, Republic of the Congo, Somalia, South Yemen, Sudan, Syria, or any other country against whom the United States has instituted a trade embargo, or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the Department of Commerce's Table of Deny Orders. By downloading the Content from maddogsmotorsports.com, you represent and warrant that you are not located in, or a national or resident of, any such country.


15.  Amendments to the Terms. We reserve the right to change, suspend or discontinue any aspect of maddogsmotorsports.com at any time, including the availability of any of maddogsmotorsports.com features, database, or Content. We may also impose limits on features or restrict access to certain areas of maddogsmotorsports.com. The Terms may be amended at any time by posting amended Terms on maddogsmotorsports.com. The amended Terms shall be effective immediately upon posting to maddogsmotorsports.com. Your continued use of the website upon such changes to the Terms is considered your acceptance of such terms.


16. Breach. We may terminate user access or suspend any user's access to all or part of maddogsmotorsports.com without notice for any conduct that we, in our sole discretion, believe violates any applicable law, reasonably believe is harmful to us or any other party, or if such party is found to have engaged in fraudulent activity in connection with maddogsmotorsports.com.


17. No Agency. The Sellers, Buyers, and Company are all independent contractors, and no employee-employer, partnership, agency, joint venture or franchisor-franchisee relationship is, or is intended to be, created by these Terms.