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Website Terms of Use

These Terms of Use are effective as of April 2015 and are between you and RallySportDirect.com and its corporate affiliates (“the Company”), for the use of the www.rallysportdirect.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

We make no claims as to emission performance for street or highway use. Some equipment is not sold for street use in any state or country where state or federal regulations prohibit its use. Some items listed in the online catalog are intended for off road use only. Federal regulations and some state laws prohibit the removal, modification, or rendering inoperable of any device or design element that affects vehicle emission or safety in a vehicle used on public highways. Violation of such laws may subject the owner or user to fines or penalties; we highly recommend you check local and federal laws for compliance regulations prior to purchasing said parts. 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 RallySport Direct L.L.C. 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 RallySport Direct L.L.C. and its licensors, and may not be used in connection with any product or service that does not belong to RallySportDirect.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 © 2003-2018 RallySport Direct L.L.C. 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: RallySportDirect.com, 4870 W. 2100 S., Suite A, Salt Lake City, UT 84120, 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

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION APPEARING ON THE WEBSITE IS PROVIDED "AS IS, AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

The terms of this section shall survive any termination of these Terms of Use.

Applicable Law

This Agreement shall be governed and constructed in accordance with the laws of the State of Utah, 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 Rallysport shall be in an appropriate state or federal court located in the state of Utah. Such exclusive jurisdiction DOES NOT apply to actions brought by Rallysport in respect of actions arising from breach of this Terms of Use Agreement, which may be brought by Rallysport 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 RallySportDirect.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.

Mobile Terms & Conditions

RallySport Direct offers its customers mobile alerts regarding marketing and shopping reminder messages by SMS message (the "Service"). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. RallySport Direct reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

A. Authorize RallySport Direct to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). B. Acknowledge that you do not have to agree to receive messages as a condition of purchase. C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call 1-888-45-RALLY (72559). To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service, your message frequency may vary. You may receive an alert when instances occur such as:

A. You are welcomed into the Service B. An order has been placed C. An order has been delivered D. An item or items has shipped E. An item or items has been canceled or delayed

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. RallySport Direct may add or remove any wireless carrier from the Service at any time without notice. RallySport Direct and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from RallySport Direct, text the word STOP to 47196 any time or reply STOP to any of the text messages you have received from RallySport Direct. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that RallySport Direct and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from RallySport Direct through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions

You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at 1-888-45-RALLY (72559).

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify RallySport Direct by calling 1-888-45-RALLY (72559).

The information provided herein is for general informational purposes only and does not, and is not intended to, constitute legal advice. Please consult your own legal counsel for legal advice.

Terms of Use - Last Revised: February 17, 2021