Legal Notices and Disclaimers

Welcome to the CTM Racing Products, Inc.’s Website. By using the CTM Racing Products, Inc.’s Website, YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES AND DISCLAIMERS, CONDITIONS OF USE AND SALE, PRIVACY POLICY, and all disclaimers, terms and conditions that appear elsewhere on the CTM Racing Products, Inc.’s Website.

Right to Download

You may only download Content displayed on the CTM Racing Products, Inc.’s Website for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of the CTM Racing Products, Inc.’s Website including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of CTM Racing Products, Inc. It is strictly prohibited to download the images of the products for sale within this Website.

Proprietary Rights

All content included on or comprising the CTM Racing Products, Inc.’s Website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and CTM Racing Products, Inc. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

The CTM Racing Products, Inc.’s logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by CTM Racing Products, Inc. and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

By using the CTM Racing Products, Inc.’s Website, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to CTM Racing Products, Inc. or any other third party using the CTM Racing Products, Inc.’s Website is non-confidential. By submitting any solicited or unsolicited information using the CTM Racing Products, Inc.’s Website, you grant CTM Racing Products, Inc. an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Venue and Applicable Law

The CTM Racing Products, Inc.’s Website is created, operated and controlled by CTM Racing Products, Inc. in the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of San Diego County, California including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of California will also govern the Legal Notices and Disclaimers and Privacy Policy without giving effect to any principles or conflicts of laws.

Links to Third-Party Websites

The CTM Racing Products, Inc.’s Website contains links to other Websites operated by third-parties, including but not limited to third-party Websites that display the CTM Racing Products, Inc.’s trademarks (“Third-Party Website(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Websites and for no other purpose.

CTM Racing Products, Inc. does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on the CTM Racing Products, Inc.’s Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. CTM Racing Products, Inc. makes no representation or warranty as to any products or services offered on any Third-Party Website.

The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Conditions of Use and Legal Notices that apply to your use of the CTM Racing Products, Inc.’s Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.

Privacy

Please review CTM Racing Products, Inc.’s Privacy Policy HERE for information on the privacy practices of the CTM Racing Products, Inc.’s Website.

Terms of Use and Conditions of Sale

Please review CTM Racing Products, Inc.’s Terms of Use and Conditions of Sale HERE governing your use of this Website and the sale of products and services at this Website.

Security

If you use this Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

The CTM Racing Products, Inc.’s Website may only be used for lawful purposes. Activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.

Users are prohibited from violating or attempting to violate the security of the CTM Racing Products, Inc.’s Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using the Website for unintended purposes or trying to change the behavior of the Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Website (impersonating the CTM Racing Products, Inc.’s Website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of CTM Racing Products, Inc., including promotions and/or advertising of products or services, is expressly prohibited.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the CTM Racing Products, Inc.’s Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the CTM Racing Products, Inc.’s Website other than the search engine and search agents provided by CTM Racing Products, Inc. or generally publicly available browsers.

Termination of Use

CTM Racing Products, Inc. may in its sole discretion terminate your account or your use of the CTM Racing Products, Inc.’s Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. CTM Racing Products, Inc. reserves the right to change, suspend, or discontinue all or any aspects of the CTM Racing Products, Inc.’s Website at any time without prior notice.

Limitation of Liability

By using the CTM Racing Products, Inc.’s Website, you expressly agree that use of the CTM Racing Products, Inc.’s Website is at your sole risk. The CTM Racing Products, Inc.’s Website is provided on an “AS IS” and “as available” basis. Neither CTM Racing Products, Inc. nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the CTM Racing Products, Inc.’s Website will be uninterrupted or error-free. Neither CTM Racing Products, Inc. nor its Associates warrant the accuracy, integrity or completeness of the content provided on the CTM Racing Products, Inc.’s Website or the products or services offered for sale on the CTM Racing Products, Inc.’s Website. Further, CTM Racing Products, Inc. makes no representation that content provided on the CTM Racing Products, Inc.’s Website is applicable to, or appropriate for use in, locations outside of the United States. CTM Racing Products, Inc. and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by CTM Racing Products, Inc. or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall CTM Racing Products, Inc. or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the CTM Racing Products, Inc.’s Website, including but not limited to reliance by you on any information obtained from the CTM Racing Products, Inc.’s Website that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of CTM Racing Products, Inc. has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, its personal and financial data stored at CTM Racing Products, Inc., merchandise and services available through the CTM Racing Products, Inc.’s Website. 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.

CTM Racing Products, Inc. reserves the right to make changes to the CTM Racing Products, Inc.’s Website and its CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY at any time. Each time you use the CTM Racing Products, Inc.’s Website, you must visit and review the then current CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY that apply to your transactions and use of this Website. If you are dissatisfied with the CTM Racing Products, Inc.’s Website, its content or CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the CTM Racing Products, Inc.’s Website.

Tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.

Contact Information of CTM Racing Products, Inc.’s Website

You may contact us HERE.

Last Revision Date

September 2, 2010

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