TERMS AND CONDITIONS OF PURCHASE AND USE OF SITE
ACCEPTANCE OF TERMS AND CONDITIONS OF PURCHASE AND USE:
PR2 RACING ("PR2 RACING" "we" "our" or "us"), owns and operates the PR2RACING.com website ("Site"). The terms and conditions ("Terms") that appear below constitute a contract between you and us and govern the use of this Site and any and all Site-related transactions between you and us. By using the Site, you acknowledge that you have read and understood these Terms. If you do not wish to be bound by these Terms, please do not use the Site nor order products through the Site. PR2 RACING may occasionally change these Terms or the Site without notice to you. We encourage you to review the Site and these Terms periodically for any updates or changes.
The information contained in this Site is intended as informational material only and is not to be construed as medical advice.
When you visit the Site, send e-mails to us and/or place product orders, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS:
You acknowledge and agree that the content and Terms found on our Site including, without limitation, the imagery, text, button icons, scripts, page headers, data compilations, audio clips, logos, Submissions and/or other graphics (collectively, "Content") are owned by PR2 RACING or its affiliates and/or subsidiaries, and are protected by copyrights, trademarks, trade dress, service marks, patents and/or other United States and international proprietary rights and laws. Except as expressly authorized by PR2 RACING, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Site or its Content, in whole or in part.
NO CLAIMS, PROMISES, WARRANTIES OR GUARANTEES:
PR2 RACING makes no representations or warranties with respect to this Site or its Content, which are provided for use "As Is." PR2 RACING disclaims all warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, with respect to the Site, or any web site with which it is linked. PR2 RACING also makes no representations or warranties as to whether the information accessible via this Site, or any web site with which it is linked, is accurate, complete or current.
This disclaimer does not affect the terms of any manufacturer's warranty that may be provided.
Except as otherwise stated, your use of the Site and purchase of any product(s) from PR2 RACING is solely at your own risk.
TERMS OF PURCHASE:
Price. Product prices are stated on the Site. Any applicable sales tax will be added at the time of purchase. PR2 RACING reserves the right to modify product prices, shipping & handling and any other charges at any time.
Product Availability and Delivery
Since PR2 RACING is servicing customers all over North America all items will be shipped via shipping option that are displayed at time of checkout.
PR2 RACING will deliver the product(s) you ordered upon receipt of full payment for the purchase. The product(s) will be delivered to the address you provided at the time of the order. We will make good faith efforts to deliver the product(s) in a safe and timely fashion, however, we are not responsible for and disclaim any responsibility for events beyond our control including, without limitation, acts of God, transportation, mechanical or other system failures or interruptions, weather conditions, strikes or other business interruptions, or acts of public authorities, including customs and health officials, that prevent or delay shipment.
Delivery of a product is subject to the rules of the shipping company selected or as directed by PR2 RACING, in particular, those covering signature acknowledging receipt of the product. If you are absent from the delivery point designated by you at the time of delivery, it is your responsibility to recover the products according to the rules of the shipping company that is attempting to make delivery to you.
Damaged Product(s). If any product you ordered is damaged upon receipt, simply return the remaining, damaged item to us within thirty (30) calendar days of the date in which the product arrived at your designated location, and we will replace it for you at no additional charge.
Upon our request, you agree to defend, indemnify and hold harmless PR2 RACING and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims and expenses, including without limitation, reasonable attorney's fees, from your use or misuse of the Site. PR2 RACING reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will cooperate with PR2 RACING in asserting any available defense.
Any claim, dispute, or controversy against PR2 RACING, its agents, employees, successors, assigns or affiliates arising from or relating to your use of the Site and/or purchase of any product(s) from PR2 RACING, PR2 RACING advertising or these Terms, their interpretation, or the breach, termination or invalidity thereof, shall be resolved exclusively and finally by binding arbitration under the Rules of the American Arbitration Association. The arbitration will be limited solely to the dispute between you and PR2 RACING. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Reasonable attorney's fees and legal costs may be awarded by the arbitrator(s) to the prevailing party.
GOVERNING LAW AND FORUM:
We control the Site from our offices within the Unites States of America. We make no representation that the content or Terms in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content or Terms in violation of U.S. export laws and regulations. These Terms shall be governed by the laws of the State of Pennsylvania. Any action to enforce or interpret them, and any arbitration to resolve a dispute under them, shall be initiated and maintained exclusively in Butler, Pennsylvania. You irrevocably submit to the jurisdiction of the courts in Butler County, Pennsylvania, and waive all objections you otherwise may have to jurisdiction or venue.
SEVERABILITY AND INTEGRATION:
Unless otherwise specified herein, these Terms, which also incorporate herein by this reference the terms of the Privacy and Security Policies, constitute the sole and exclusive agreement between you and PR2 RACING and its affiliates with respect to the Site and supersede all prior and contemporaneous communications and proposals (whether or not electronic) between you and PR2 RACING essentials with respect to PR2 RACING. If any portion of the Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable Pennsylvania law(s), the original intentions of the parties (as nearly as possible), and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
PR2 RACING does not accept liability beyond the remedies set forth herein, including any liability for the unavailability of a product or provision of services and support. Neither PR2 RACING nor any other party involved in creating, producing or distributing the site and/or product shall be liable, directly or indirectly, for lost profits, loss of business, personal injury or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. You agree that for any liability related to the purchase of products or services bundled with the products, PR2 RACING is not liable, if at all, for any amount of damages above the aggregate dollar amount you paid for the purchase of the product(s) or service(s). Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages. In such jurisdictions, PR2 RACING liability shall be limited to the extent permitted by law.
NO RESALE OF OUR PRODUCT(S) OR SERVICE(S):
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any PR2 RACING product(s) or service(s) without prior written agreement from PR2 RACING.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations and not to transfer, by electronic transmission or otherwise, any content or Terms derived from the Site to either a foreign national or foreign destination in violation of such laws.
Paragraph titles or captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provisions hereof.