Factorykarts.com's Terms of Use

Welcome to factorykarts.com (the "Site”). Factory Karts of America (Factory Karts) provides its services to you subject to the following terms and conditions. ("Terms and Conditions" or "Agreement") Please read the following terms and conditions carefully before using our Site. If you do not agree to these terms and conditions, please do not use our Site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms of Use.

Electronic Communications

When you visit factorykarts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Children Under the Age of 18

Factory Karts does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at factorykarts.com only with involvement of a parent or guardian. Factory Karts and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.

The Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to the Site should be sent to info@factorykarts.com. We suggest that you consult your legal advisor before filing a notice because there may be penalties for false claims.

Intellectual Property

All intellectual property on the Site (except for user generated content) is owned by Factory Karts or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Factory Karts name and logo) are owned, registered and/or licensed by Factory Karts. All content on the Site (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Factory Karts; All rights reserved.

Indemnification

You agree to indemnify, defend, and hold harmless Factory Karts, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms of Use, any law or the rights of any third party.

Third Party Links

Factory Karts may link to third-party sites. Factory Karts has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.

Risk of Loss

All items purchased from Factory Karts 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

Factory Karts attempts to be as accurate as possible. However, Factory Karts does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Factory Karts itself is not as described, your sole remedy is to return it in a new, unused condition.

Privacy

Our  Privacy Policy , which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY FACTORY KARTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. FACTORY KARTS MAKES NO 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, FACTORY KARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FACTORY KARTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FACTORY KARTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACTORY KARTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING 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.

Miscellaneous

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Riverside County, California, and waive any objection to such jurisdiction or venue. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Factory Karts products) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Factory Karts products) shall be resolved individually, without resort to any form of class action. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Factory Karts and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. By using the Site, you agree to receive certain electronic communications from Factory Karts. You agree that any notice, agreement, disclosure or other communication that Factory Karts sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Factory Karts’ failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Factory Karts may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

Termination

Factory Karts reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. Factory Karts also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Miscellaneous, and terms that by their nature may survive termination shall survive any termination.

Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of Nordstrom services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. 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.

 

Idea Submission Policy

We at Factory Karts of America are pleased to hear from our loyal fans and welcome their comments regarding our products and services. Unfortunately, however, our company policy does not allow Factory Karts, or any of its subsidiary companies, to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.

It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value their feedback on our services and products, we request that they be specific in their comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, through participation in certain activities, they send any material (e.g., postings to message boards, contests, etc.) or, despite our policy, they send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.