This Terms of Use Agreement and statement of certain Store Policies (the “Agreement”) constitutes a binding legal contract between you and PitRoadMotorsports.com. (“Pit Road Motorsports”), the owner and operator of the website which can be found at PitRoadMotorsports.com (the “Site”)., Your use of the Site signifies and constitutes your acceptance of this Agreement. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law and may be amended or supplemented from time to time.

General Use and License

Pit Road Motorsports hopes you enjoy the Site and use it safely and constructively. Your use of the Site does not entitle you to continue to use the Site. Your use of the Site is at the sole discretion of Pit Road Motorsports, which may deny you further use of the Site at any time, for any reason, with or without cause.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Pit Road Motorsports' web site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server; or
• do any other act which is otherwise inappropriate for the Site, in Pit Road Motorsports’ sole judgment.

Access

Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Pit Road Motorsports is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site.

Registration and Passwords

Registering with the Site provides you many benefits. When you register with our Site, we will remember your information for future use. This makes your experience on our Site easier and more convenient. When you use the Site and sign in, you have easy access to your order status, shipping information as well as the option to save your cart for future access.

When you register, you will be asked to select a password. If you forget your password, Click on the link at the top of each page under “My Account” that says “Lost Password”. You will be asked to provide your first name, last name and e-mail address. You will receive your password via e-mail within a few minutes. If you do not receive your e-mail or if you receive an error message, then you may call (978)454-8544 for assistance.

To change your password, payment information, address, or any other personal information you have previously provided to Pit Road Motorsports, click on “Sign in” under the “My Account” heading at the top of each page, sign in to the Site then click on Your Name. You will be brought to the registration form page; there you can make the appropriate changes.

Mailing List

While on the Site, you have the option to join the Pit Road Motorsports mailing list. By opting to join the mailing list, you will receive notifications of promotions, sales and other important and useful information on your favorite driver(s) or team. Any customer at anytime can opt-out or unsubscribe to our mailing list. Clear instructions on how to unsubscribe are included with every mailing. This mailing list is never sold, rented or used by a third party.

Please refer to our Privacy Policy to learn about what information Pit Road Motorsports collects and why.

Disclaimer

You agree and understand that:

• Your use of the site is at your sole risk. The materials on Pit Road Motorsports’ site are provided "as is" and as available basis. Pit Road Motorsports makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Pit Road Motorsports does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet site or otherwise relating to such materials or on any sites linked to this site.
• Pit Road Motorsports assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the site or any user communications; and
• Pit Road Motorsports is not responsible for any incorrect or inaccurate content posted on the site, whether caused by users of the site or by any of the equipment or programming associated with or utilized in the site.

Pit Road Motorsports makes no warranty that:

• your use of the site will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the site will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations; or
• any material downloaded from or otherwise obtained through the site is at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• no information, whether oral or written, obtained by you from Pit Road Motorsports or through this site shall create any warranty.
• you agree that the terms of this section shall apply to all content, merchandise and services available through the site including, but not limited to, any files that are downloaded from the site.
• some states do not allow limitations on implied warranties so these limitations may not apply to you. you may have other rights which vary from state to state.

Limitations

• in no event shall Pit Road Motorsports be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your use of the site.
• you expressly understand and agree that Pit Road Motorsports shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pit Road Motorsports has been advised of the possibility of such damages), resulting from:
  • the use or the inability to use the site;
  • any purchase resulting from your use of the site;
  • unauthorized access to or alteration of your transmissions or data; or
  • any other matter relating to the site.
  • Pit Road Motorsports shall not be held liable for any representations on third party sites in relation to the information provided in this site.

You agree that the terms of this section shall apply to all content, merchandise and services available through the site including, but not limited to, any files that are downloaded from the site or merchandise ordered as a result of interactions with the site.

Indemnification

You agree to defend, indemnify, and hold completely harmless Pit Road Motorsports and its officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of Pit Road Motorsports, arising from or related to your use of the Site, the materials it contains, and any sites linked to and from this Site. You further agree to Indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, shareholders, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.

Shipping

At the time of purchase, Customer has the option to ship to the billing address or to a designated shipping address. Pit Road Motorsports will ship to the designated shipping address as long as it is in compliant with, and does not interferes with, any shipping restrictions found on the site. By making a purchase, Customer enters into a shipping agreement with Pit Road Motorsports. Delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. For more information read the Terms and Conditions of Sale.

Revisions and Errata

The materials, products, content, images and specifications appearing on Pit Road Motorsports' web site could include technical, typographical, or photographic errors. Although we make all reasonable efforts to accurately display and depict the colors, attributes, dimensions, weights, descriptions and price of our products and services, Pit Road Motorsports does not warrant that any of the materials on its web site are accurate, complete, or current. Pit Road Motorsports may make changes to the materials, content, images and specifications contained on its web site at any time without notice. Pit Road Motorsports does not, however, make any commitment to update the materials, content, images or specifications. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.

Links

Pit Road Motorsports has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pit Road Motorsports of the site. Use of any such linked web site is at the user's own risk.

Termination

Pit Road Motorsports may suspend or terminate your account or your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. You are personally liable for any orders that you place or charges that you incur prior to termination. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

Site Terms of Use Modifications

Pit Road Motorsports may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Severability and Governing Law

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

Any claim relating to Pit Road Motorsports' web site shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.

Contact Us

If you do not understand, or have any questions or comments regarding the above Terms and Conditions of Use Policy, we invite you to contact customer service using one of the following methods.

Email Address

Effective Date: July 01, 2007 (Revised August 1st 2009