TERMS OF USE

TERMS OF USE OF THE RACEPAK WEBSITE & PRIVACY POLICY

Last Updated July 24, 2017

TERMS OF USE

Any person accessing this site agrees to the following:

Before using this website or submitting any materials to the Racepak Performance Products Inc., (“we,” “us,” or “Racepak”) website, read the following Terms of Use (“Terms of Use”) carefully. Your use of the Racepak website constitutes your acceptance of all of these Terms of Use.

Racepak reserves the right, at any time, to modify, alter, or update these Terms of Use at any time without prior notice. Please check this website prior to each use for any changes or updates to these Terms of Use. You agree that each visit you make to this site shall be subject to the then-current Terms of Use.

All website design, text, graphics, interfaces, and the selection and arrangement thereof and other materials and content on the Racepak website are the copyrighted property of Racepak Performance Products Inc. and its affiliated companies or licensors. “Racepak Performance Products Inc.” and all titles, names and graphics are trademarks of Racepak or its program suppliers.

You may view and download material from this website for personal and/or promotional commercial use if you are a direct or indirect customer of Racepak, its affiliates, agents and related entities and provided you do not remove any trademark, copyright, or other notice contained in such materials. You may not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not create scandalous, obscene or immoral works using photographic and artistic images from the website nor distribute or sell the images as another image library or product. You also may not use the images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or service or violates any property, privacy or other rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Racepak website. Any rights not expressly granted herein are reserved.

Those who choose to access this website from any and all locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

You may not use language or place any images, text, material, or information that is harmful, threatening, abusive, vulgar, discourteous, obscene, pornographic, profane, defamatory, infringing, indecent, harassing, or otherwise criminal in nature. You also may not post or transmit or place any images, text, material, or information that would violate rights of any third party, including property or privacy rights, or which contain a harmful component that could damage, disable, overburden, or impair the website or restrict, inhibit, or otherwise interfere with another party’s use and enjoyment of the website or any services provided thereunder, including, but not limited to, uploading files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or program that may interrupt, limit or damage the operation of another’s computer or property.

Racepak is not responsible for material submitted to Racepak or posted in chatrooms or on bulletin boards by website users. For any materials submitted by you to the Racepak website, you represent and warrant that you own or otherwise control all of the rights to such materials, that they do not violate these Terms of Use, and that they will not cause injury to any person or entity. You grant Racepak, its affiliates, agents, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all images, text, and materials provided to Racepak, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Racepak to include the images, text, and materials you provide in a searchable format that may be accessed by users of Racepak’s website and other websites. You further grant Racepak, its affiliates, agents and related entities permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose, commercial, public or otherwise. All rights in this paragraph are granted in consideration of use of Racepak’s website, and services therein, without the need for additional compensation of any sort to you.

It is your responsibility to adhere to all applicable copyright, trademark, patent, intellectual property, and other laws that may apply to the images, text, and material submitted by you to the Racepak website. Racepak, its affiliates, agents and related entities will not be liable for any disputes regarding ownership of images, text, material, or any other proprietary information. Racepak, its affiliates, agents and related entities disclaim any and all liability and losses arising from, but not limited to: access, delay or interruptions, Internet outages, disruptions caused by acts of God, disruptions caused by mechanical failure, disruption resulting from an interruption of your ISP service or internet connection, disruptions resulting from your personal computer settings, security settings, and email settings, disruptions from viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may interrupt, limit or damage the operation of a website, or disruptions or failures of any kind arising from incompatible technologies.

Racepak reserves the right to review at any time and to delete any submitted images, text, material or information, in whole or in part, that may be deemed inappropriate or appear to be in violation of these Terms of Use. Racepak makes such determinations at its sole discretion.

As a courtesy to you, Racepak’s site may offer links to other websites. Some of these sites may be affiliated with Racepak, while others are not. Racepak is not responsible for the contents of any website pages created and maintained by organizations independent of Racepak. Visiting any such third-party website pages is at your own risk. Racepak has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Racepak. No authorization or permission is given for framing or linking to any pages of this site or any of its content, whether in whole or in part.

THE Racepak WEBSITE AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Racepak, ITS AFFILIATES, AGENTS AND RELATED ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES , EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Racepak, ITS AFFILIATES, AGENTS AND RELATED ENTITIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE OR RELIABLE OR THAT THE WEBSITE WILL BE FREE OF ERRORS. You agree that Racepak, its affiliates, agents and related entities will not be responsible for unauthorized access to or alteration to your transmissions, data, or submission of materials or for submissions to the website (for example, to Virtual Show and Shine) in your name, whether submitted by you or not.

IN NO EVENT WILL Racepak, ITS AFFILIATES, AGENTS AND RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR PERFORMANCE OF THE Racepak WEBSITE OR ANY RELATED SERVICES, (B) THE DELAY OR INABILITY TO USE THE Racepak WEBSITE OR RELATED SERVICES OR TO SUBMIT MATERIALS ON THIS WEBSITE OR (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE Racepak WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE Racepak WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. You agree to indemnify, defend and hold harmless Racepak, its affiliates, agents and related entities harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys’ fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to any claim that resulting from any violation of these Terms of Use, or any activity relating to use of the Racepak website, any materials you submit, or violations of any rights of another by you.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of the Racepak website and destroying all materials obtained from it. See Racepak’s Privacy Policy for disclosures relating to the collection and use of your information.

You must be at least 18 years of age to submit images, text, or materials to Racepak. Violation of these Terms of Use may result in termination of services and removal of any material submitted by you, without notification, and the possibility of civil/criminal damages as applicable by law.

This agreement will be governed by State of Californa law without effect to any principles of conflicts of laws. Use of Racepak’s website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. You hereby agree that any cause of action that you may have with respect to Racepak, its affiliates, agents and related entities or the Racepak website must be filed in the U.S. District Court Southern District of California or the The Superior Court of Orange County, located in Santa Ana, CA, within one year of the time in which the events giving rise to the claim began, or you agree to waive such claim. You hereby consent to such venue and to the jurisdiction of such courts and to extraterritorial service of process. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to the terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Racepak, its affiliates, agents and related entities regarding Racepak’s website. The failure of Racepak, its affiliates, agents and related entities to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance, resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

PRIVACY POLICY

General

This Privacy Policy, together with the Terms of Use above, sets forth the general rules and policies governing your use of the Racepak Performance Products Inc. website, as well as other transactions with us, such as in connection with our payment of contingency award claims. This Privacy Policy is the sole statement with respect to our privacy practices. Depending on your activities when visiting our website, or the circumstances of your transactions with us, you may be required to agree to additional terms and conditions.

We generally keep this Privacy Policy posted on our website and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. WHEN YOU ACCESS OUR WEBSITE, OR OTHERWISE TRANSACT BUSINESS WITH US, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE AND CEASE TRANSACTING BUSINESS WITH US.

Collection and Use of Information

We collect two kinds of information: (a) information that can be used to identify or contact a single person; and (b) information that does not personally identify a single person, which we automatically collect when people visit our website or that you provide us.

Personally Identifiable Information

As a general policy, we do not automatically collect personally identifiable information when you visit our website. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion, purchase or some other aspect of our website. Racepak may share this personal information with its affiliates and use it consistent with this Privacy Policy. Racepak and Racepak’s affiliates may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in some cases we will not be able to provide you with our products or services or respond to any queries you may have.

Below are some examples of the types of personal information Racepak may collect and how we may use it

  • You may provide your name, mail/shipping address, email address, contact preferences, credit card number and phone number (or someone else’s name, address, e-mail, or phone number when buying and sending product to them) when, for example, using our online store or in connection with a contest entry.
  • You may provide certain demographic information about yourself (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a forum.
  • You may post a general comment or recommendation on our website.

Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, receive a benefit we may offer, or gain access to certain content on our website.

In the case of contingency award claims, we are required to collect your Social Security or Federal tax ID number and to obtain a completed Form W-9. We use this information to process your request, order or award, and to contact you with any questions about your request, order, or award. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email.

Racepak will use your personal information as necessary to process your transactions with us. We may use your personal information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or upcoming events, or to communicate with you about content or other information you have posted or shared with us via our website. You may “opt out” of receiving future commercial and promotional email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or, if you have an account with us, updating your preferences; provided, however, we reserve the right to send you transactional emails such as customer service communications.

We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Racepak’s products, services, and customer communications.

If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

Google Analytics Privacy Policy

Our website uses “Google Analytics” to collect information about the use of our site. Google Analytics collects information such as how often users visit our site, what pages they visit when they do so, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics to improve our site. Google Analytics collects only the IP address assigned to you on the date you visit our site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our site is restricted by the Google Analytics Terms of Use.

http://www.google.com/analytics/terms/us.html

You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

https://tools.google.com/dlpage/gaoptout

Legally Required Releases of Information

We may be legally required to disclose your PII, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, our Users, employees, and affiliates.

Disclosures to Successors

If our business is acquired or merges, in whole or in part, with another business that would become responsible for providing the Website to you, we retain the right to transfer your PII to the new business. The new business would retain the right to use your PII according to the terms of this Privacy Policy as well as to any changes to this Privacy Policy as instituted by the new business.

Non-Personally Identifiable Information

We consider non-personally identifiable information to be any information that does not personally identify you. Non-personally identifiable information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personally identifiable information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personally identifiable information from you when you access our website. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the domain name of your Internet service provider (e.g., America Online, NetZero, etc.), the search terms you use on our website, the specific web pages you visit, and the duration of your visits.

Disclosure to Third Parties

Racepak may from time to time make certain personal information available to strategic partners that work with Racepak to provide products and services, or that help Racepak market to customers. None of your personal information, including e-mail address, however, will be sold to any other company; except, in the event of a reorganization, merger, sale or bankruptcy we may sell or otherwise transfer any and all personal information we collect to the relevant third-party or third-parties.

Racepak reserves the right to disclose any personal information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our website, or other users; or (d) in an emergency to protect the health and safety of our website’s users or the general public.

Cookies and Other Information

We utilize cookie technology to store information on your computer system. This information does not contain any identifying or personal information about our customers. The information that is stored helps us identify what products we need to show you and what pages you have been to in our site. We collect information to monitor traffic patterns and site usage to help us improve the design and effectiveness of our site. This data does not contain any identifying personal information about our customers.

“California Do Not Track” Settings

Some web browsers have settings that enable you to request that our Website does not track your movement within our Website. Our Website does {IF NOT OBEYING: NOT} obey such settings when transmitted to and detected by our Website. {IF OBEYING: Due to circumstances that are outside our control (i.e. internet transmission issues, web browser/web server incompatibilities, etc.), we may not always be able to detect and honor this setting. However, this does not change our compliance in any other way with our Privacy Policy.

Change and Turn off tracking features in your browser. You can turn off tracking features and other security settings in your browser by visiting the following links:

For Internet Explorer visit: http://goo.gl/0taI7I

For Mozilla Firefox visit: http://goo.gl/IKxt9l

For Google Chrome visit: http://goo.gl/NQIkqE

For Safari visit: http://goo.gl/7XCOzL

Google Analytics Opt-out Browser Add-on. Google provides a free add-on to most major browsers that you can install to prevent your data from being collected and used by Google Analytics. Visit the following link to download the free Google Opt-out Add-on Tool:

http://goo.gl/Ls82zv

Public Forums

We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our website can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personally identifiable information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.

Children (COPPA)

We follow the Children’s Online Privacy Protection Act (COPPA). Even though our Website is not designed for use by anyone under the age of 18 (child), we realize that a child may attempt to access our Website. We do not knowingly collect PII from a child. The features, programs, promotions and other aspects of our website requiring the submission of personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at the address set forth below. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.

Keeping Your Information Secure

We maintain reasonable and appropriate security measures to protect your electronic personal information stored on our systems. We do not store your credit card information on our system; it is only used to process your transaction. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

About SSL Certificates

All event registration and order information is transmitted via Secure Socket Layer (SSL) technology and is encrypted by the software before the information is sent across the Internet. Network Solutions has certified Racepak.com is a secure network for e-commerce transactions. Please be sure that your browser is SSL-enabled. In order to view our site the way it was intended we recommend that you use the following browsers to avoid rendering issues, Microsoft Internet Explorer 7.0 or higher, Mozilla Firefox 2.0 or higher and Safari 3.0 or higher. For optimum security you should always upgrade your browser software to the latest version.

Links to Other Sites

Our website may contain links to other automotive-interest sites to help provide useful information to our customers. These sites may require you to input information for their data collection purposes. These sites should have separate privacy and data collection practices, independent of our practices. We have no responsibility or liability for these independent policies or actions and is not responsible for the privacy practice or the content of such websites.

Changes to This Policy

We reserve the right to change, update, or modify this Privacy Policy at any time. All changes and updates will be reflected on this page and it is your responsibility to review this page from time to time and to be aware of any changes to the Privacy Policy.

Contact & Opt-Out Information

You can help ensure that your contact information and preferences are accurate, complete and up-to-date by accessing your account at https://www.racepak.com/my-account/. You may write to us as at Racepak Data Systems, 30402 Esperanza, Rancho Santa Margarita, CA 92688 if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others.

If you contact us, we will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.