Procell Motorsports 702.457.8111
8am-8pm Every Day
TERMS AND CONDITIONS OF USE
Welcome to Procell Motorsports' online store. We are pleased to provide you with the goods and services described in this website (site) subject to the following terms and conditions. Please read them carefully. If you visit or shop at this site, you accept these terms and conditions. In addition, when you use any current or future options on this site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY AND ELECTRONIC COMMUNICATION
To understand our practices, please review our Privacy Notice, which also governs your visit to this site. You are communicating with us electronically when you visit this site or send emails to us. You consent to electronically receive communications from us. We will communicate with you by email or by posting notices on this site. You agree that all notices, agreements, disclosures, and other communications that we provide to you electronically, do satisfy any legal requirement that such communications be in writing.
Google Checkout is an authorized retailer of goods and services provided by Procell Motorsports. To view the terms, conditions, and other policies of Google Checkout click http://code.google.com/apis/checkout/terms.html.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our the express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of this site so long as the link does not portray us, our dealers, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link our without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This site only sells products to adults. If you are under 18, you may use this site only with involvement of a parent or guardian. We, our dealers and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
We, our dealers and our affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. Please be aware that our photos may vary slightly from actual products that you purchase.
PRICING
With respect to items sold by us, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
* If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
* If an item's correct price is higher than our stated price, we will contact you for instructions before shipping.
Please note that this policy applies only to products sold and shipped by us and/or our dealers.
SHIPPING
FREE SHIPPING within the contiguous United States. No international orders or shipments.
RETURNS
You may return most new, unopened items which were not special orders within 30 days of delivery for a full refund. Items should be returned in their original packaging. We'll also pay the return shipping costs if the return is a result of our error (if you received an incorrect or defective item, etc.). All returns will be subject to a 15% restocking fee. Special order items may be returned at a 100% restocking fee. We will not accept returns on merchandise that was opened, used, is missing the serial number or UPC, or returned more then 30 days after delivery. If you would like to make a return or exchange, you must contact us by phone or email and receive a Return Authorization Number before returning your items. Items returned to us without notification will not be eligible for a refund or exchange. All titled motor vehicles are non-refundable.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR DEALERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DEALERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US, OUR DEALERS, OR AFFILIATES FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR DEALERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Privacy Notice
Procell Motorsports understands that you care how information about you is used and shared and we appreciate your trust that we will do so responsibly. By visiting this site, you are accepting the practices described in this Privacy Notice. This notice describes our Privacy Policy.
What personal information about customers does this site gather?
The information we gather from customers helps us personalize and continually improve your shopping experience at this site. Following are the types of information we gather:
* Information You Give Us: We receive and store any information you enter on our site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, communicating with you, customizing your future shopping with us, and improving our stores.
* Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies" and we obtain certain types of information when your Web browser accesses this site. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at this site if we cannot recognize you, we want you to be aware that these tools exist.
* Information from Other Sources: We might receive information about you from other sources and add it to our account information.
What are cookies?
* Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features in the purchasing process, personalized greetings, and storage of items in your shopping cart between visits.
* The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of this site's innovative features and we recommend that you leave them turned on.
Does this site share the information it receives?
Information about our customers is an important part of our business and we are not in the business of selling it to others. We share customer information only as described below controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
*Google Checkout is an authorized retailer of goods and services provided by Procell Motorsports. To view the terms, conditions, and other policies of Google Checkout http://code.google.com/apis/checkout/terms.html.
* Affiliated Businesses We Do Not Control: We work closely with our affiliated businesses. You can tell when a third party is involved in your transactions and we share customer information related to those transactions with that third party.
* Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
* Promotional Offers: Sometimes we send offers to selected groups of customers on behalf of other businesses. When we do this, we do not give that business your name and address.
* Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that we are acquired or assigned, customer information will of course be one of the transferred assets.
* Protection of Our Store and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions of Use and other agreements; or protect the rights, property, or safety of this company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
* With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
How secure is information about me?
* It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Which information can I access?
This site gives you access to a broad range of information about your account and your interactions with this site for the limited purpose of viewing and, in certain cases, updating that information.
Children
This site does not sell products for purchase by children. If you are under 18, you may use this site only with the involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit this site, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of this state. If you have any concern about privacy at this site, please contact us with a thorough description and we will try to resolve it.
Our business changes constantly and our Privacy Notice and the Terms and Conditions of Use will change also. You should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Information You Give Us
You provide most such information when you search, buy, bid, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through this site or one of our third-party sellers; make an auction bid or purchase; provide information in your account (and you might have more than one if you have used more than one email address when shopping with us) or about you; communicate with us by phone, email, or otherwise; complete a questionnaire or a contest entry form. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; people (with addresses and phone numbers); email addresses of other people; content of reviews and e-mails to us; and financial information, including Social Security and driver's license numbers.
Automatic Information
Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; email address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and products you viewed or searched for. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
Information from Other Sources
Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search results and links, including paid listings (such as Sponsored Links from Google); and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
Information You Can Access
Examples of information you can access easily at this site include up-to-date information regarding recent orders; personally identifiable information (including name, email, password, communications preferences, and address book); payment settings (including credit card information and gift certificate, gift card, and check balances); email notification settings; guides, and personal profile.
