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Website Terms of Use
These Terms of Use are effective as of April 2015 and are between you and BC Racing North America and its corporate affiliates (“the Company”), for the use of the www.bcracing-na.com website (“the “Website”). The terms and conditions set forth in this Agreement constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users of the Website. The Company will not be bound by any additional or different terms on order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the bottom of this page the Terms of Use's effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. It is your responsibility to regularly review these Terms of Use.
Legal Disclaimer
Please be aware that installation of performance products may void a manufacturer's warranty coverage, if any, on your vehicle, and that vehicles modified by the use of performance parts may no longer lawfully be used on public highways. Dealers, installers, and end-users assume all costs and risks associated with the purchase and installation of these items. The majority of products sold through our website are designed for U.S. vehicle fitment only, and many are restricted based on make and model year; it is the consumer's responsibility to ensure the products being purchased are compatible with the intended vehicle make, model, year, and current performance application. As most aftermarket products are engineered for compatibility with OEM components, the consumer also assumes all responsibility and risk associated with any potential conflicts or problems that may arise from the use of multiple aftermarket products.
Pricing
All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through the Website at any time in our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information received from our suppliers, the Company shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. The Company shall have 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 canceled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.
Intellectual Property
All content on the Website, including but not limited to text, images, icons, graphics, artwork, photographs, trademarks, logos, sounds, music, videos, interfaces, computer codes, and domain names (collectively designated as "Content"), and selection, arrangement, organization, coordination, expression, look and feel, and design of such Content, contained on this Site is owned, controlled or licensed by or to BC Racing North America or a third party, and is protected by copyright, patent, trade dress and trademark laws, and various other intellectual property rights and unfair competition laws. All intellectual property associated with such Content, and the rights to said property and Content, belong to and shall remain the sole property of BC Racing North America and its licensors, and may not be used in connection with any product or service that does not belong to bcracing-na.com. You may not modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means, in whole or in part, the Content without the Company’s prior written permission. You may not republish the Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company or third parties and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Copyright Notice
All Site Content is protected by Copyright © 2006-2021 BC Racing North America All rights reserved.
Copyright Infringement
We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the deletion in appropriate circumstances of content that infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: bcracing-na.com, 512 S Econ Circle, Oviedo, FL 32765, Attn: Copyright Agent. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Communications On Internet; Events Beyond Our Control
Use of the Website and the products sold thereon is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Website will be uninterrupted, timely, accurate, complete or error-free or that errors, if any, will be corrected. Other than as required under applicable consumer protection laws, under no circumstance will the Company be liable for any damages of any kind arising from the use of this Website or the products sold thereon. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
While the Company has endeavored to create a secure and reliable Website, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company is not responsible for failure to receive an order or technical problems that may hinder the efficacy of an order. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.
Warranties and Disclaimers
BC Racing North America provides a one year warranty against manufacturing defects only. One year begins from the date of the original invoice and runs until the same date within the next calendar year. BC Racing North America provides parts under warranty once troubleshooting has been completed with the customer in order to determine and isolate the cause or point of failure. BC Racing North America does not cover labor fees of any kind, under any circumstances. BC Racing North America reserves the right to cancel or deny warranty coverage at any time, under any circumstances it deems fit. If a failure of one or all of the components comprising a suspension product of BC Racing are found to have been caused due to the negligence or incorrect/faulty installation, BC Racing North America reserves the right to cancel or deny warranty coverage at any time.
Applicable Law
This Agreement shall be governed and constructed in accordance with the laws of the State of Florida, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement which may be brought against BC Racing North America shall be in an appropriate state or federal court located in the state of Florida. Such exclusive jurisdiction DOES NOT apply to actions brought by BC Racing North America in respect of actions arising from breach of this Terms of Use Agreement, which may be brought by BC Racing North America in a jurisdiction which it may deem, in its discretion, more appropriate or convenient.
Assignment
The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
Conditions of Use
By visiting or purchasing from bcracing-na.com, you agree to abide by our terms and conditions, including those set forth in these Terms of Use. Any revisions to these Terms of Use will be posted on this page and any other page we deem necessary to inform our users of any changes made. We reserve the right to modify these Terms of Use at any time. Your continued use of the Site following any policy revisions constitutes your acceptance of and agreement with the changes made.
Severability Clause
If any term of this Agreement is to any extent invalid, illegal or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality or unenforceability; all other terms hereto shall remain in full force and effect.
BC Racing SMS
This program is optional for all end-users of BC Racing North America. This program will send order updates via SMS to end-user advising the status of their order placed with BC Racing North America (Order Confirmation, Shipping Confirmation, Delivered Confirmation). For each order the end-user places with BC Racing North America they will have the option to opt into the program. Message and Data rates may apply.
Opt-out instructions. Reply with STOP to any of the SMS updates to be opted out of the program for the current order.
Information We Automatically Collect
In addition to information you provide to us, in some cases we may automatically collect Non-Personal Information. We may automatically collect the following types of Non-Personal Information:
- Cookie Information. This is information contained on "cookies" that are used by some pages on this Site. Cookies are small files that the Site places on your hard drive for identification purposes. Cookies do not collect Personal Information unless you supply it and cookies cannot read data off your hard drive. A cookie file can contain information such as a user ID to track pages you visit and your traffic pattern, which helps us collect information regarding the usefulness of the Site and effectiveness of the Site's navigational structure, as well as to develop enhancements to the Site. Some cookies allow us to run Google websites and Google's ads-related products and to allow you to Follow Us and Like us on our Facebook page through the Site.
In the event that Non-Personal Information collected is combined with Personal Information you have provided to us, we will treat it like Personal Information for as long as it is combined