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TERMS & CONDITIONS

Last updated: October 7, 2019

The RCRRacing.com, Store.RCRRacing.com and ECREngines.com websites are operated by RCR Enterprises, LLC (“RCR”, “we”, “our” us”).  These Terms & Conditions (the “Terms”) govern your access to and use of www.RCRRacing.com, Store.RCRRacing.com, ECREngines.com and all other websites linking to these Terms (collectively, the “Site”).

1. Acceptance; Additional Terms; Changes to These Terms.  Your access to and use of the Site reflects your agreement to be bound by these Terms.  RCR offers a range of products through the Site, and purchase of such products may be subject to additional terms.  Additional terms and conditions may also apply to specific portions, services or features of the Site.  All such additional terms and conditions are hereby incorporated by reference into these Terms.  We reserve the right, in our sole discretion, to change these Terms from time to time, and at any time, without prior notice.  By using the Site following any changes to these Terms, you agree to be bound by any such changes to these Terms.

2. Use of Site Content.  The Site is for your personal, non-commercial and lawful use only.  Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission.

Subject to your compliance with these Terms, you may access the Site and display the material from the Site strictly for your own internal, noncommercial, lawful use, and RCR grants you a limited, non-exclusive, and non-transferable license to use the Site for your personal use.  If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site.  You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  Use of any of our Site made available through a third-party platform is also subject to the platform’s applicable terms and conditions.

3. Accounts.  You may choose to set up an account with us.  When you create an account with us, you represent to us that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times.  Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Site.  You are responsible for maintaining the confidentiality of your account information, including, but not limited to, your account password and the restricting access to your account.  You are responsible for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account.  You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.  It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us if you desire to cancel your account on the Site.  You may not use anyone else’s password or account at any time on the Site.  We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Site if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

4. Feedback. The Site may contain or link to features such as blogs that allow users to post, submit, publish, display content or materials on or through the Site.  All such posts and reactions must comply with the standards set out in these Terms.  Users are, in certain instances, able to react to displays by pressing on icons or “liking” an image.  Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (collectively, “Feedback”) is non-confidential.  You understand that by providing Feedback to us, you grant to us and our designees a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sublicenseable right and license to use, distribute, copy, reproduce, disclose, transmit, modify, translate, adapt, create derivative works from, publicly perform, publish and/or display in any format or medium and otherwise exploit all such Feedback (in whole or in part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes.  We have no obligation to review or use any Feedback or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Feedback for any purpose, without any compensation to you.  We do not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.  You acknowledge and agree that you are solely responsible for the accuracy and content of the information you submit to us.  You agree to provide accurate and truthful information.  You agree to promptly notify us if information you provided becomes or is discovered to be inaccurate, untruthful or misleading.

In addition to other prohibitions as set forth in the Terms, you shall not knowingly post, transmit, redistribute, upload, or promote any Feedback, content or any other materials to or from the Site that:

·        contain corrupted files, viruses, or any other similar software files;

·        are unlawful, threatening, harassing, abusive, offensive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory, or otherwise violate any right of any third party;

·        are likely to upset, embarrass, alarm, inconvenience or annoy any other person;

·        contain chain letters or pyramid schemes;

·        contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals or entities;

·        contain false, deceptive, or misleading information or advertising, or impersonate any individual or entity, including our company and our employees and agents or are likely to deceive any person;

·        encourage conduct that would constitute a criminal offense

·        involve commercial activities, sales, contests, sweepstakes and other sales promotions, barter or advertising;

·        give the impression that they emanate from or are endorsed by us or any other individual or entity if this is not the case;

·        give rise to civil or criminal liability;

·        collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl, or scrape the Site, or interfere with or circumvent the security features of the Site, other websites, or the Internet;

·        otherwise violate any law; or

·        amount to any conduct that, in the judgment of RCR, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Site, or may harm RCR or users of the Site or expose them to liability.

In addition to any remedies that we may have at law or in equity, if RCR determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site.  We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

5. Intellectual Property.  The websites, products and services of RCR and the information therein contain copyrighted materials, trademarks, and proprietary data, research and other information belonging to RCR or used with permission of licensors of RCR.  We and any licensors own all right, title and interest in and to the Site, and all content and materials on the Site, including, without limitation, all text, photos, videos, marks, graphics, art, user input, interfaces, features, functions, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Site, trademarks and logos, audio, sound recordings, and video recording.  Your use of the Site does not grant to you ownership in or rights to of any of the foregoing.  We and any licensors reserve and shall retain their entire right, title and interest in and to the Site, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.  No copying, redistribution, retransmission, publication or commercial exploitation of any material of the Site is permitted without the express permission of RCR and/or the copyright owner, or except as may be expressly authorized by applicable copyright laws.  You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time.

6.  Linking to the Site and Social Media Features.  The Site may contain links to other websites, which may be of interest to you.  For example, the Site may include certain social media features that allow you to: link from your own or certain third-party websites to certain content on the Site or cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party website.  We may disable all or any social media features and any links at any time without notice in our discretion.  You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:

·        Establish a link from any website that is not owned by you.

·        Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.

·        Link to any part of the Site other than the homepage.

·        Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

We are not responsible for the content of any other websites linked to the Site.  Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern.  Please be mindful of this as you link to other outside websites.  You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.

7. Privacy Policy.  Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to the Site.  The Privacy Policy is hereby incorporated and made part of these Terms.

8. Reliance on Information Posted; Products.  The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  There may be items that remain displayed on our Site that are no longer available.  All products, product specifications and prices described or displayed on the Site are subject to change at any time without notice.  We do not warrant that the information on products (such as product images, descriptions and prices) is error free or that any products listed on the Site will be available at the time you attempt to purchase them.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.  The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RCR, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of RCR.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. Disclaimer; Limitation of Liability.  THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RCR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. RCR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  RCR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.

IN NO EVENT SHALL RCR, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATES DOLLARS).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnity.  You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you.

11. Jurisdictional Issues.  The Site is operated out of the United States.  The Site may not be available to users outside of the United States.  RCR makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited.  Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws.  You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

12. Copyright.  If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Site, please contact us by email at info@rcrracing.com.

13. Miscellaneous.  No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship is intended or created by these Terms.  These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of Davidson County, North Carolina.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.  By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred.  These Terms, together with the Privacy Policy, any other separate terms referred to and incorporated herein by reference, and any other legal notices published by RCR on the Site, shall constitute the entire agreement between you and RCR concerning the subject matter hereof.  Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.  These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by RCR without restriction.  Any purported delegation, transfer or assignment by you shall be null and void.  The communications between you and us use electronic means, whether through the Site or via email.  For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

14. Contact Us. We welcome your questions and comments about our Terms.  Please contact us by email at info@rcrracing.com.