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Terms and Conditions

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TERMS AND CONDITIONS

  1. Introduction
  2. Consent and Capacity
  3. Intellectual Property Rights
  4. User Content
  5. User Responsibilities
  6. Disclaimer
  7. Limitation of Liability
  8. Indemnification
  9. Choice of Law
  10. Dispute Resolution
  11. Severability
  12. Changes to These Terms
  13. Contact Us

Introduction

Welcome to www.racerms.com. This Site is owned and operated by Rapscallion Motorsports, LLC (“RMS,” “we,” or “us”). These Terms and Conditions (“Terms′′) govern your use of our Site, hereafter referred to as “the Site”. These Terms include information about usage, licensing, and intellectual property. Please read these Terms carefully. By using the Site, you consent to these legally binding Terms as well as our Privacy Policy, which is hereby incorporated.

Consent and Capacity

In order to use our services, you must be at least thirteen. Your use of our services is conditioned on your acceptance of these Terms. If you do not agree with these Terms, please discontinue your use of the Site. By using our services, you warrant that you are entering into a binding contract with Rapscallion Motorsports, LLC. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms, but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them.

Intellectual Property Rights

RMS’s trademarks, trade names, logos, and other intellectual property incorporated into the Site are the sole property of Rapscallion Motorsports, LLC or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.

User Content

www.racerms.com allows its users to post, upload, or comment on content on the Site. This user- generated content includes, but is not limited to reviews, comments, and pictures. By posting on the Site, you grant Rapscallion Motorsports, LLC a perpetual, nonexclusive, unrestricted, worldwide license to any and all of the user content you post. You acknowledge that you are the sole owner of any copyrights and that your content does not infringe the rights of any third parties. You agree to be fully responsible for any content you post on the Site.

User reviews, comments, pictures, and ideas posted on the Site may be used to improve www.racerms.com. By submitting user content, you give permission to store and use such content to improve our services.

Rapscallion Motorsports, LLC may monitor any user’s content posted to the Site. We reserve the right, at our discretion, to remove, terminate, or prohibit users from accessing the Site for any reason or no reason with or without notice.

User Responsibilities

Users of the Site agree to the following guidelines:

  1. You will not use another user’s login and registration information.
  2. You will not create fake accounts for the purpose of spamming users or visitors, collecting personal information with or without consent, or any other deceptive practices.
  3. You will not circumvent, evade, disable, or otherwise interfere with the security of the Site.
  4. You will not infringe the intellectual property rights of others.

Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms.

Disclaimer

THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR OWN RISK UNDERSTANDING THAT RAPSCALLION MOTORSPORTS, LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RAPSCALLION MOTORSPORTS, LLC WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE. RAPSCALLION MOTORSPORTS, LLC DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. RAPSCALLION MOTORSPORTS, LLC MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.
THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, RAPSCALLION MOTORSPORTS, LLC DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. RAPSCALLION MOTORSPORTS, LLC, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, RAPSCALLION MOTORSPORTS, LLC’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless Rapscallion Motorsports, LLC, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement.

Choice of Law

These Terms and any disputes arising from the use of THE SITE are governed by and construed according to the law of the state of Texas. Each party agrees to submit to the courts of the state of Texas and that the state of Texas has personal jurisdiction over the matter.

Dispute Resolution

We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally. If informal attempts fail, you agree to submit any claim, dispute, or controversy to binding arbitration.

YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.

Severability

If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible.

Changes to These Terms

We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates.

Contact Us

If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at [email protected], or by mail at 9035 Performance Court, Cresson, TX 76035.

 

TERMS AND CONDITIONS FOR SERVICES

Introduction

Please read these Terms carefully. By using our services, you warrant that you (Customer) are entering into a binding contract with Rapscallion Motorsports, LLC (Company) and consenting to these legally binding Terms and Conditions.

None of the terms and conditions contained herein may be added to, modified, superseded or otherwise altered except by a written instrument signed by a corporate officer or authorized manager of Company and delivered to Customer by Company.

All services shall be performed only upon the terms and conditions herein, regardless of any terms and conditions that may be contained in any service order or other form of communication from Customer.

Disclaimer of Warranty

Company shall perform the agreed upon services in a reasonable manner, provided, however, Company makes no warranty or guarantee of a result. Customer shall notify Company of any claim that Company did not reasonably perform the agreed upon services within ten (10) days after the discovery of same and in no event later than thirty (30) days after the performance of the services. Within a reasonable time after notice from Customer, Company, at its sole option, shall correct the service which was not reasonably performed. If Company is unable to correct such service, Company, at its sole discretion, may refund to Customer the amount Customer paid to Company for said service. These remedies shall be Customer’s exclusive remedies for any breach of this agreement by Company. Company shall not be responsible to correct: (i) any condition which reasonably could have been prevented or minimized by Customer, (ii) any condition constituting normal wear and tear; (iii) any condition caused by acts of God; (iv) any condition caused by abuse or misuse; or (v) any condition not caused by Company’s failure to reasonably
perform the agreed upon services.

CUSTOMER HEREBY ACKNOWLEDGES THAT COMPANY NOR ANYONE ACTING ON ITS BEHALF HAS MADE ANY AFFIRMATION OF FACT, REPRESENTATION OR PROMISE
RELATING TO THE AGREED UPON SERVICES THAT ARE THE BASIS OF THIS TRANSACTION OR WHICH CREATE AN EXPRESS WARRANTY. TO THE FULLEST EXTENT
PERMITTED BY LAW, COMPANY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE
SERVICES, INFRINGEMENT, AND THOSE ARISING OUT OF PERFORMANCE OR DEALING OR USAGE OF TRADE OR ANY OTHER IMPLIED WARRANTY WITH RESPECT TO THE
AGREED UPON SERVICES.

There are NO WARRANTIES, express or implied, made by Company or the manufacturer of any parts or other goods incorporated in the agreed upon services, except for the manufacturer’s written warranty applicable to such parts or goods. Such separate manufacturer’s warranty shall be expressly IN LIEU OF any other express or implied warranty, condition or guarantee on said parts or goods. Customer hereby acknowledges that Company has not in any manner adopted the manufacturer’s warranty, as a warranty of Company, including without limitation, by performing warranty work under the manufacturer’s warranty, Terms and Conditions of Rapscallion Motorsports, LLC and Customer acknowledges, represents and warrants that it shall look solely to the manufacturer to perform or satisfy any obligation under the manufacturer’s warranty.

Payment and Storage Fees

All charges for services performed including labor and materials furnished are due and payable upon the expiration of five (5) days after notice to Customer that the services have been completed. If payment is not made in accordance with the foregoing terms, in addition to its other legal rights and remedies, Company shall be entitled to (i) charge interest at the rate of 5% per month or the highest rate allowable by law, whichever is less, and (ii) withhold delivery of Customer’s vehicle until payment is made in full
to Company.

If Customer’s vehicle is not picked up within five (5) days after notice to Customer that the services have been completed, Company may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day or the maximum rate allowable by applicable law. Company may extend the timeframe for vehicle pickup up to fifteen (15) days without charge subject to Customer obtaining prior written consent to such extension by Company. Company may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day or the maximum rate allowable by applicable law, for storage of a vehicle delivered to Company fifteen (15) days or more prior to the beginning date for services to be rendered by Company unless Company agrees in writing to waive said fees.

Company shall not be required to perform any services for which payment has not been received.

Limitation of Liability

COMPANY WILL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST USE, LOST PROFITS, LOST SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE OR FOR CLAIMS MADE BY A THIRD PARTY. IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY TO CUSTOMER OR ANY OTHER PARTY RELATING TO OR RESULTING FROM THIS SERVICE ORDER OR THESE TERMS AND CONDITIONS EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH SERVICE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND WHETHER THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

Customer shall defend, indemnify and hold harmless Company, its agents, representatives and employees from and against, claims, liabilities, causes of action, costs and expenses, including but not limited to reasonable attorneys’ fees and experts’ fees arising out of the use, operation and maintenance of Customer’s vehicle; any encumbrances against the Collateral; any violation of any applicable federal, state or local laws, statutes, ordinances or regulations by Customer, any environmental condition with respect to the Collateral; and any negligence or fault of Customer, Customer’s agents, representatives or employees, or any person or entity for whose acts Customer is responsible, regardless of whether such claims, liabilities, causes of action, costs and expenses were in part caused by the fault or negligence of Customer or Customer’s agents, representatives or employee. The indemnity obligations of Customer shall survive payment by Customer to Company for services rendered. The indemnity obligations of Customer hereunder shall not be limited by a limitation on amount or type of damages, compensation or
benefit payable by Customer to anyone directly or indirectly employed by Customer, or a person or entity for whose acts Customer may be liable, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

Mechanic’s Lien, Lien Sale, Collection

In addition to any and all other legal remedies available to Company, Customer authorizes and acknowledges an express mechanic’s lien in favor of Company on the vehicle described herein for all charges for services, including labor and parts, repairs, storage and/or towing. Customer authorizes and acknowledges that if payment in full is not received within fifteen (15) days after Company has notified the Customer that the services are completed, Company may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or refer such account to its attorneys or a collection agency for collection.

Failure or Delay of Delivery, Force Majeure

Company shall not be liable for failure to deliver or delay in performance of the agreed upon services where such failure to deliver or delay is due, in whole or in part, to any cause other than the gross negligence of Company. Further, Company will not have any liability for any loss caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war, terrorist act or civil disturbance, delay of carriers, failure of normal sources of supply, act of government, public health emergency, pandemic, or any other cause beyond the reasonable control of Company, including without limitation, any loss or damage to Customer’s vehicle or any articles or property left in Customer’s vehicle. Company is not responsible for loss of or damage to Customer’s vehicle due to or arising from theft or any other cause except the sole negligence of Company. Company is not responsible for any loss or damage to articles of personal property that have been left in Customer’s vehicle or for loss or damage to such personal property, including any cargo, materials or supplies carried on or in Customer’s vehicle, whatever the cause.

Consent to Use Likeness

Customer gives permission irrevocably and in perpetuity to Company to use, adapt, reproduce, distribute, display, and publicly perform Customer’s name, visual likeness, writings, and biographical data, in whole or in part, in connection with the promotional or marketing activities of Company without additional compensation to Customer. Customer understands that Customer’s name, image, and visual likeness may be recorded by various means including, but not limited to, still photography and video. Customer waives to the fullest extent permitted by law any causes of action in law or in equity Customer may have now or in the future against Company for libel, slander, invasion of privacy, copyright or trademark infringement, violation of the right of publicity, or false light arising out of or in connection with Company’s use of any Released Likeness. Customer agrees that all aspects of any Released Likeness are owned by Company
and that Company may copyright any material containing the Released Likeness.

Modification for Legal Events

If any court of competent jurisdiction determines that any provision or any part of a provision set forth in these Terms is unenforceable because of its duration or geographic scope, the court has the power to modify the unenforceable provision instead of severing it from this Agreement in its entirety.

Choice of Law

These Terms and any disputes related to the Terms are governed by and construed according to the law of the state of Texas. Each party agrees to submit to the courts of the state of Texas and that the state of Texas has personal jurisdiction over the matter.

Dispute Resolution

We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising out of or relating to this agreement will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally. If informal attempts fail, you agree to submit any claim, dispute, or controversy to binding arbitration.

Severability

If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible.

Effective Date: Sept 2, 2023