all items are subject to availability and we will inform you as soon as reasonably possible if the product(s) or service(s) you have ordered is not available and whether we may offer you an alternative product(s) or service(s) of equal or higher quality and value.<\/li>\n<\/ul>\nPlease also note that the terms of any event, services or products offered by Brazen Racing and\/or purchased by you, such as pricing, specifications, delivery times, and\/or package contents are subject to change by Brazen Racing by providing you advanced notice, including by posting notice of the change on our Websites, sending you an email to the address you provided at purchase, or by including a notice in any auto-ship or continuity shipment sent to you which will apply towards subsequent shipments. Brazen Racing will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by contacting us. By continuing to accept products or service after we have notified you of a change to any terms, you will be deemed to have accepted the change.<\/p>\n
Order and Payment Information<\/h4>\n
If you use the Websites or other means to purchase an event registration, service or product, payment must be received by Brazen Racing prior to Brazen Racing acceptance of an order, unless otherwise agreed by Brazen Racing. All Brazen Racing events, products or services are subject to sales tax which will be applied to your order total. Brazen Racing may need to verify information you provide before Brazen Racing accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Brazen Racing will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Brazen Racing expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.<\/p>\n
In ordering products through the Websites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Brazen Racing is registered to you. Brazen Racing shall have the right to bar your access to and use of the Websites or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Brazen Racing, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.<\/p>\n
Brazen Racing may reject orders where the stated delivery address is outside the United States, the United Kingdom and Canada. If stated, Brazen Racing will add applicable shipping and handling fees.<\/p>\n
Brazen Racing descriptions of, or references to, products not owned by Brazen Racing on and outside of the Websites do not imply endorsement of that event, product, service or constitute a warranty, by Brazen Racing.<\/p>\n
Warranties<\/h4>\n
CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR EVENT, SERVICE OR PRODUCTS FOR SALE ON OR OUTSIDE THE WEBSITES MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH Brazen Racing. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS OR SERVICES FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE WEBSITES.<\/p>\n
Disclaimer of Warranties<\/h4>\n
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES AND OTHER EVENTS, PRODUCTS OR SERVICES OF Brazen Racing IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.<\/p>\n
YOU ACKNOWLEDGE THAT Brazen Racing DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO Brazen Racing FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, Brazen Racing AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE WEBSITES. NOR DOES Brazen Racing MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, ANY EVENTS, PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITES, OR ITS CONTENT.<\/p>\n
ALTHOUGH Brazen Racing STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE WEBSITES, Brazen Racing DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE WEBSITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, Brazen Racing DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.<\/p>\n
Brazen Racing DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEBSITES WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, Brazen Racing DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.<\/p>\n
The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.<\/p>\n
Limitations on Liability<\/h4>\n
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.<\/p>\n
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Brazen Racing OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE WEBSITES; (II) THE USE OR INABILITY TO USE THE WEBSITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE WEBSITES; (IV) THE PURCHASE OR USE OF ANY EVENT, PRODUCTS OR SERVICES THROUGH THE WEBSITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT\/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF Brazen Racing OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.<\/p>\n
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Brazen Racing LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO Brazen Racing FOR ANY EVENT, PRODUCTS OR SERVICES SUPPLIED BY Brazen Racing THROUGH YOUR USE OF THE WEBSITES OR OTHERWISE.<\/p>\n
Brazen Racing WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.<\/p>\n
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.<\/p>\n
The terms of this section survive any termination of the Terms and Conditions.<\/p>\n
International Users<\/h4>\n
The Websites are controlled, operated, and administered by Brazen Racing from within the United States of America. Brazen Racing makes no representation that materials on the Websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Websites are illegal is prohibited. You may not use the Websites or export the content or products in violation of U.S. export laws and regulations. If you access the Websites from a location outside of the United States, you are responsible for compliance with all local laws.<\/p>\n
Termination<\/h4>\n
Notwithstanding any of these Terms and Conditions, Brazen Racing reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Websites and to block or prevent future access to and use of the Websites. You agree that Brazen Racing shall not be liable for any termination of your use of or access to the Websites.<\/p>\n
Third-party rights<\/h4>\n
Only you and Brazen Racing shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.<\/p>\n
Severability<\/h4>\n
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.<\/p>\n
The terms of this section survive any termination of the Terms and Conditions.<\/p>\n
Language<\/h4>\n
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.<\/p>\n
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS<\/h4>\n
Disputes.<\/strong> The terms of this Section shall apply to all Disputes between you and Brazen Racing. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Brazen Racing arising under or relating to the Products, the Websites, this Agreement, or any other transaction involving you and Brazen Racing, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND BRAZEN RACING AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR BRAZEN RACING FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.<\/strong><\/p>\nBinding Arbitration.<\/strong> You and Brazen Racing further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. \u00a71, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.<\/strong> The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.<\/p>\nSmall Claims Court.<\/strong> Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.<\/p>\nDispute Notice.<\/strong> In the event of a Dispute, you or Brazen Racing must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Brazen Racing must be addressed to: Brazen Racing, 2042 Rosedale Dr San Pablo, CA 94806, U.S.A. (the “Brazen Racing Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Brazen Racing and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Brazen Racing may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.<\/p>\nExclusive Venue for Other Controversies<\/h4>\n
Brazen Racing and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy.<\/p>\n
General<\/h4>\n
The Terms and Conditions constitute the entire agreement between Brazen Racing and you with respect to your use of the Websites, your purchase of products and services through the Websites, and as applicable any products or services of Brazen Racing. Any cause of action you may have with respect to the Websites or Brazen Racing products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Brazen Racing, and you do not have any authority to create any obligation or make any representation on Brazen Racing behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Brazen Racing written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Brazen Racing and their respective successors and assigns.<\/p>\n
The terms of this section survive any termination of the Terms and Conditions.<\/p>\n
Other important terms<\/h4>\n
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.<\/p>\n
Last updated and effective: February 6, 2016<\/p>\n","protected":false},"excerpt":{"rendered":"
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