Legal

Terms and conditions
Legal Notices
Privacy Statements

Terms and conditions:

THESE TERMS AND CONDITIONS, ALONG WITH THE LEGAL NOTICES AND PRIVACY STATEMENTS (COLLECTIVELY, THE “TERMS”), GOVERN YOUR USE OF THIS WEBSITE, AS WELL AS ALL PRODUCTS AND SERVICES BY MOTORSPORTS AUTHENTICS LLC AND ITS SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES (COLLECTIVELY, THE “COMPANY”), AND APPLY NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION FROM YOU.

1) Acceptance of terms through use: By using this website, you signify your knowledge and acceptance of the Terms set out within this site. If you do not agree with the foregoing sentence, please do not use this site. Company reserves the right, at our discretion and without prior notice, to modify the Terms at any time. You agree to periodically review the Terms to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site. Your continued use of this site following any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions.

2) Lawful Use: You agree to use this website for lawful purposes only.

3) Copyrights: Except as expressly stated in this site, no portion or element of this website (including information, images, logos, photographs, graphics, and the overall appearance of the site) may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted or copied in any form or by any means whatsoever without the prior written permission of Company and all relevant copyright holders.

4) Trademarks: MUSCLE MACHINES®, THE ORIGINAL MUSCLE MACHINES®, MUSCLE TUNER®, BLVD. BLASTER®, MAGBURNERS®, LASER STAMPEDER®, MOTORSPORTS AUTHENTICS® and all associated logos are trademarks of Company. All other trademarks and logos used in this website are the trademarks or logos of their respective owners.

5) Links to other websites: This website contains links to other websites that are operated by third parties. Those links are provided for your convenience only; we disclaim all warranties and responsibility for those websites, and for the accuracy, availability, or completeness of any content found on those websites. The existence of these links does not constitute an endorsement of such websites, and your linking to these sites is at your own risk. We make no 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, and you hereby irrevocably waive any claim against Company with respect to such sites and third-party content.

6) Content Accuracy: While reasonable efforts have been made to ensure the accuracy of this website’s content, no responsibility can be taken for any error or omission. Product prices, product designs, inventory availability and published resale pricing are subject to change without prior notice.

7) Disclaimer; Limitation of Liability: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THIS WEBSITE AND ITS CONTENTS, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND SECURITY OR CONFIDENTIALITY OF USE OR INFORMATION. COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF THE SITE, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SITE, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENTS. COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SITE OR THE CONTENTS ARE YOUR SOLE RESPONSIBILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR ITS CONTENTS IS TO STOP ALL USE THEREOF.

Goods or services neither manufactured nor rendered by Company are the sole responsibility of the manufacturer or provider of those goods or services. We disclaim all warranties and responsibility for those goods and services.

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, ITS CONTENTS, ANY LINKED SITES, OR ANY USE THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

8) International use: Company makes no representation that this website or its contents are appropriate or available for use in locations outside the United States. If you use this site or its contents from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.

9) Choice of law and forum: These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating in any way to these Terms, this website and its contents, or your use thereof shall be filed only in the state or federal courts located in Cabarrus county or Mecklenburg county in the State of North Carolina. You also agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. The Terms shall be interpreted according to its express terms, with no presumptions against the drafting party.

10) Submissions: We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, Company policy does not allow us to accept or consider creative or original ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that the intent of this policy is to avoid the possibility of misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, artwork or photos. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, at our request, you send certain submissions (such as postings to chat boards, or contest entries) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. No Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. By posting or submitting content to this site, you (1) grant Company and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (2) warrant and represent that public posting and use of that content by Company will not infringe or violate the rights of any third party.

11) Risk of loss: All items purchased from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.

12) Indemnification: Upon request by Company, you agree to defend, indemnify, and hold harmless Company and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, arising from your violation of these Terms or your use of this website other than as permitted herein. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.

13) Severability and integration: Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Company with respect to this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Company with respect to this site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

14) Termination: Company reserves the right, in its sole discretion, to terminate your access and license to all or part of this website, with or without notice and with or without cause.

Legal Notices

GENERAL DISCLAIMERS, TERMS OF USE AND INTELLECTUAL PROPERTY

THESE LEGAL NOTICES, ALONG WITH THE TERMS AND CONDITIONS AND PRIVACY STATEMENTS (COLLECTIVELY, THE “TERMS”), GOVERN YOUR USE OF THIS WEBSITE, AS WELL AS ALL PRODUCTS AND SERVICES BY MOTORSPORTS AUTHENTICS LLC AND ITS SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES (COLLECTIVELY, THE “COMPANY”), AND APPLY NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION FROM YOU.

All product-specific information is provided to Company by the manufacturers who are solely responsible for its content and accuracy. Company will not be responsible for typographical or other errors or omissions regarding prices or other information.

Product prices are subject to change without prior notice. Inventory availability and published resale pricing are subject to rapid change.

If you are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this site and the computer system you are using so as to prevent unauthorized access to your account with Company.

The copyright in all original material provided on this website is held by Company, and/or by the original creator of the material. None of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted or copied in any form or by any means, without the prior written permission of Company, and/or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained.

You may not, without Company’s written permission, "mirror" any material contained on this website or any other server.

Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this website may violate domestic and/or international copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

All trademarks, service marks, logos, slogans, domain names and trade names (collectively "Marks") are the properties of their respective owners. Company disclaims any proprietary interest in Marks other than its own.

Privacy Statements

ON-LINE PRIVACY PRACTICES

THESE PRIVACY STATEMENTS, ALONG WITH THE TERMS AND CONDITIONS AND LEGAL NOTICES (COLLECTIVELY, THE “TERMS”), GOVERN YOUR USE OF THIS WEBSITE, AS WELL AS ALL PRODUCTS AND SERVICES BY MOTORSPORTS AUTHENTICS LLC AND ITS SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES (COLLECTIVELY, THE “COMPANY”), AND APPLY NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION FROM YOU.

General
While visiting a Company website, we may ask you to register and/or provide information that personally identifies you ("Personal Information") for purposes of interacting with our site, including, for example, when you ask for information, enter a contest, order subscriptions, or download material. Company intends to give you as much control as possible over your Personal Information. If you choose to provide Company with your Personal Information via a Company owned site, it is our intent to use your Personal Information to help you quickly find products, services or information on the site. We track the domains from which this site is visited and use that data to analyze for trends and statistics, and then discard it. If you choose not to have your Personal Information used as a basis for further contact with you by Company or one of its business partners, you may "opt out." If you choose not to give us your Personal Information, you can still use most of this site. You merely will not be able to access areas that require registration. Additionally, if you do not want Company to send you e-mail or postal mail regarding Company or its products, you may "opt out" at the time you give us your Personal Information.

Additional Information
In addition to Personal Information you may provide, we collect information about your visits to this website, such as service provider, browser type, operating system, pages accessed on this site and the date and time of access to optimize your user experience and enhance your time spent with us online. We also receive information telling us what site from which you originated. When you send us an e-mail, we will retain the content of the e-mail, your e-mail address, and our response in order to handle any follow-up questions you may have. We also use this information to measure how effectively we address your concerns.

Sharing Information
We do not sell your Personal Information or otherwise share it with third parties, and do not intend to do so in the future. We may share anonymous, aggregated information about all of our users with third parties.

Links to Other Materials
If any link is offered connecting to a third party website, it is as an accommodation to the respective third party site owner and without charge. Sites linked to and from this site are not necessarily under the control of Company, and Company shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. Company does not endorse companies (or related products or services) to or from which this site is linked. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, technologies, domain names or other intellectual property interests belonging to third parties.

"Cookies"
There is a technology called "cookies" which can be used to provide you with tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Some Company pages may use cookies so that we may better serve you when you return to our site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.

Site Technologies
Company does not provide the technologies used to build its site, and therefore neither recommends nor endorses the same. Any information regarding identified technologies, their capabilities, limitations, applications, etc., should be sought directly from their manufacturers.

Children’s Online Privacy Protection Act
We do not knowingly collect personally identifiable information from children, but if a child has provided us with personally identifiable information without parental or guardian consent, the parent or guardian should contact us to remove the information and unsubscribe them from any promotional contact opportunities.

Promotional E-mails
We only send promotional e-mail messages to you if you have voluntarily provided us with your e-mail address. You may request to be removed from this site’s e-mail subscription list by updating your Personal Information.