Terms of Service

Overview

This website is operated by Creative Products,Inc (CPI Kart Racing). Throughout the site, the terms "we", "us" and "our" refer to Creative Products, Inc. Creative Products, Inc. offers this website, including all information,tools and services available from this site to you, the user,conditioned upon your acceptance of all terms, conditions, policies andnotices stated here.By visiting our site and/ or purchasing something from us, you engage inour "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additionalterms and conditions and policies referenced herein and/or available byhyperlink. These Terms of Service apply to all users of the site,including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or usingour website. By accessing or using any part of the site, you agree to bebound by these Terms of Service. If you do not agree to all the termsand conditions of this agreement, then you may not access the website oruse any services. If these Terms of Service are considered an offer,acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the current store shallalso be subject to the Terms of Service. You can review the most currentversion of the Terms of Service at any time on this page. We reserve theright to update, change or replace any part of these Terms of Service byposting updates and/or changes to our website. It is your responsibilityto check this page periodically for changes. Your continued use of oraccess to the website following the posting of any changes constitutesacceptance of those changes.Our store is hosted by PDG Software. They provide us with the onlinee-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms ofService, you represent that you are at least the age of majority in yourstate or province of residence, or that you are the age of majority inyour state or province of residence and you have given us your consentto allow any of your minor dependents to use this site. You may not useour products for any illegal or unauthorized purpose nor may you, in theuse of the Service, violate any laws in your jurisdiction (including butnot limited to copyright laws). You must not transmit any worms orviruses or any code of a destructive nature. A breach or violation ofany of the Terms will result in an immediate termination of yourServices.

Section 2 - General Conditions

We reserve the right to refuseservice to anyone for any reason at any time. You understand that yourcontent (not including credit card information), may be transferredunencrypted and involve (a) transmissions over various networks; and (b)changes to conform and adapt to technical requirements of connectingnetworks or devices. Credit card information is always encrypted duringtransfer over networks. You agree not to reproduce, duplicate, copy,sell, resell or exploit any portion of the Service, use of the Service,or access to the Service or any contact on the website through which theservice is provided, without express written permission by us. Theheadings used in this agreement are included for convenience only andwill not limit or otherwise affect these Terms.Section 3 - Accuracy, Completeness and Timeliness of Information We arenot responsible if information made available on this site is notaccurate, complete or current. The material on this site is provided forgeneral information only and should not be relied upon or used as thesole basis for making decisions without consulting primary, moreaccurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk. This site maycontain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Wereserve the right to modify the contents of this site at any time, butwe have no obligation to update any information on our site. You agreethat it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products aresubject to change without notice. We reserve the right at any time tomodify or discontinue the Service (or any part or content thereof)without notice at any time. We shall not be liable to you or to anythird-party for any modification, price change, suspension ordiscontinuance of the Service.

Section 5 - Products or Services (if applicable)

Certain products orservices may be available exclusively online through the website. Theseproducts or services may have limited quantities and are subject toreturn or exchange only according to our Return Policy. We have madeevery effort to display as accurately as possible the colors and imagesof our products that appear at the store. We cannot guarantee that yourcomputer monitor's display of any color will be accurate. We reserve theright, but are not obligated, to limit the sales of our products orServices to any person, geographic region or jurisdiction. We mayexercise this right on a case-by-case basis. We reserve the right tolimit the quantities of any products or services that we offer. Alldescriptions of products or product pricing are subject to change atanytime without notice, at the sole discretion of us. We reserve theright to discontinue any product at any time. Any offer for any productor service made on this site is void where prohibited. We do not warrantthat the quality of any products, services, information, or othermaterial purchased or obtained by you will meet your expectations, orthat any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse anyorder you place with us. We may, in our sole discretion, limit or cancelquantities purchased per person, per household or per order. Theserestrictions may include orders placed by or under the same customeraccount, the same credit card, and/or orders that use the same billingand/or shipping address. In the event that we make a change to or cancelan order, we may attempt to notify you by contacting the e-mail and/orbilling address/phone number provided at the time the order was made. Wereserve the right to limit or prohibit orders that, in our solejudgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and accountinformation for all purchases made at our store. You agree to promptlyupdate your account and other information, including your email addressand credit card numbers and expiration dates, so that we can completeyour transactions and contact you as needed.For more detail, please review our Returns Policy.

Section 7 - Optional Tools

We may provide you with access to third-partytools over which we neither monitor nor have any control nor input. Youacknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions ofany kind and without any endorsement. We shall have no liabilitywhatsoever arising from or relating to your use of optional third-partytools. Any use by you of optional tools offered through the site isentirely at your own risk and discretion and you should ensure that youare familiar with and approve of the terms on which tools are providedby the relevant third-party provider(s). We may also, in the future,offer new services and/or features through the website (including, therelease of new tools and resources). Such new features and/or servicesshall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products and servicesavailable via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websitesthat are not affiliated with us. We are not responsible for examining orevaluating the content or accuracy and we do not warrant and will nothave any liability or responsibility for any third-party materials orwebsites, or for any other materials, products, or services ofthird-parties. We are not liable for any harm or damages related to thepurchase or use of goods, services, resources, content, or any othertransactions made in connection with any third-party websites. Pleasereview carefully the third-party's policies and practices and make sureyou understand them before you engage in any transaction. Complaints,claims, concerns, or questions regarding third-party products should bedirected to the third-party.

Section 9 - User Comments, Feedback and Other Submissions

If, at ourrequest, you send certain specific submissions (for example contestentries) or without a request from us you send creative ideas,suggestions, proposals, plans, or other materials, whether online, byemail, by postal mail, or otherwise (collectively, 'comments'), youagree that we may, at any time, without restriction, edit, copy,publish, distribute, translate and otherwise use in any medium anycomments that you forward to us. We are and shall be under no obligation(1) to maintain any comments in confidence; (2) to pay compensation forany comments; or (3) to respond to any comments. We may, but have noobligation to, monitor, edit or remove content that we determine in oursole discretion are unlawful, offensive, threatening, libelous,defamatory, pornographic, obscene or otherwise objectionable or violatesany party's intellectual property or these Terms of Service. You agreethat your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personalor proprietary right. You further agree that your comments will notcontain libelous or otherwise unlawful, abusive or obscene material, orcontain any computer virus or other malware that could in any way affectthe operation of the Service or any related website. You may not use afalse e-mail address, pretend to be someone other than yourself, orotherwise mislead us or third-parties as to the origin of any comments.You are solely responsible for any comments you make and their accuracy.We take no responsibility and assume no liability for any commentsposted by you or any third-party.

Section 10 - Personal Information

Your submission of personalinformation through the store is governed by our Privacy Policy. To viewour Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there maybe information on our site or in the Service that contains typographicalerrors, inaccuracies or omissions that may relate to productdescriptions, pricing, promotions, offers, product shipping charges,transit times and availability. We reserve the right to correct anyerrors, inaccuracies or omissions, and to change or update informationor cancel orders if any information in the Service or on any relatedwebsite is inaccurate at any time without prior notice (including afteryou have submitted your order). We undertake no obligation to update,amend or clarify information in the Service or on any related website,including without limitation, pricing information, except as required bylaw. No specified update or refresh date applied in the Service or onany related website, should be taken to indicate that all information inthe Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as setforth in the Terms of Service, you are prohibited from using the site orits content: (a) for any unlawful purpose; (b) to solicit others toperform or participate in any unlawful acts; (c) to violate anyinternational, federal, provincial or state regulations, rules, laws, orlocal ordinances; (d) to infringe upon or violate our intellectualproperty rights or the intellectual property rights of others; (e) toharass, abuse, insult, harm, defame, slander, disparage, intimidate, ordiscriminate based on gender, sexual orientation, religion, ethnicity,race, age, national origin, or disability; (f) to submit false ormisleading information; (g) to upload or transmit viruses or any othertype of malicious code that will or may be used in any way that willaffect the functionality or operation of the Service or of any relatedwebsite, other websites, or the Internet; (h) to collect or track thepersonal information of others; (i) to spam, phish, pharm, pretext,spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)to interfere with or circumvent the security features of the Service orany related website, other websites, or the Internet. We reserve theright to terminate your use of the Service or any related website forviolating any of the prohibited uses.

Section 13 - Disclaimer of Warranties, Limitation of Liability

We do notguarantee, represent or warrant that your use of our service will beuninterrupted, timely, secure or error-free. We do not warrant that theresults that may be obtained from the use of the service will beaccurate or reliable. You agree that from time to time we may remove theservice for indefinite periods of time or cancel the service at anytime, without notice to you. You expressly agree that your use of, orinability to use, the service is at your sole risk. The service and allproducts and services delivered to you through the service are (exceptas expressly stated by us) provided 'as is' and 'as available' for youruse, without any representation, warranties or conditions of any kind,either express or implied, including all implied warranties orconditions of merchantability, merchantable quality, fitness for aparticular purpose, durability, title, and non-infringement. In no caseshall Creative Products, Inc., our directors, officers, employees, affiliates,agents, contractors, interns, suppliers, service providers or licensorsbe liable for any injury, loss, claim, or any direct, indirect,incidental, punitive, special, or consequential damages of any kind,including, without limitation lost profits, lost revenue, lost savings,loss of data, replacement costs, or any similar damages, whether basedin contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procuredusing the service, or for any other claim related in any way to your useof the service or any product, including, but not limited to, any errorsor omissions in any content, or any loss or damage of any kind incurredas a result of the use of the service or any content (or product)posted, transmitted, or otherwise made available via the service, evenif advised of their possibility. Because some states or jurisdictions donot allow the exclusion or the limitation of liability for consequentialor incidental damages, in such states or jurisdictions, our liabilityshall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and holdharmless Creative Products, Inc. and our parent, subsidiaries, affiliates,partners, officers, directors, agents, contractors, licensors, serviceproviders, subcontractors, suppliers, interns and employees, harmlessfrom any claim or demand, including reasonable attorneys' fees, made byany third-party due to or arising out of your breach of these Terms ofService or the documents they incorporate by reference, or yourviolation of any law or the rights of a third-party.

Section 15 - Severability

In the event that any provision of these Termsof Service is determined to be unlawful, void or unenforceable, suchprovision shall nonetheless be enforceable to the fullest extentpermitted by applicable law, and the unenforceable portion shall bedeemed to be severed from these Terms of Service, such determinationshall not affect the validity and enforceability of any other remainingprovisions.

Section 16 - Termination

The obligations and liabilities of the partiesincurred prior to the termination date shall survive the termination ofthis agreement for all purposes. These Terms of Service are effectiveunless and until terminated by either you or us. You may terminate theseTerms of Service at any time by notifying us that you no longer wish touse our Services, or when you cease using our site. If in our solejudgment you fail, or we suspect that you have failed, to comply withany term or provision of these Terms of Service, we also may terminatethis agreement at any time without notice and you will remain liable forall amounts due up to and including the date of termination; and/oraccordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforceany right or provision of these Terms of Service shall not constitute awaiver of such right or provision. These Terms of Service and anypolicies or operating rules posted by us on this site or in respect toThe Service constitutes the entire agreement and understanding betweenyou and us and govern your use of the Service, superseding any prior orcontemporaneous agreements, communications and proposals, whether oralor written, between you and us (including, but not limited to, any priorversions of the Terms of Service). Any ambiguities in the interpretationof these Terms of Service shall not be construed against the draftingparty.

Section 18 - Governing Law

These Terms of Service and any separateagreements whereby we provide you Services shall be governed by andconstrued in accordance with the laws of the State of Florida.

Section 19 - Changes to the Terms of Service

You can review the mostcurrent version of the Terms of Service at any time at this page. Wereserve the right, at our sole discretion, to update, change or replaceany part of these Terms of Service by posting updates and changes to ourwebsite. It is your responsibility to check our website periodically forchanges. Your continued use of or access to our website or the Servicefollowing the posting of any changes to these Terms of Serviceconstitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Serviceshould be sent to us at phil@cpikartracing.com.