Terms & Conditions of Use
Last Modified: 8/23/2016
Welcome to the Blackdog Speed Shop website, www.blackdogspeedshop.com (which we refer to as the “site”, which term also refers to any content, functionality and services offered on or through the site).
These Terms and Conditions of Use (these “Terms”) are in place to govern your use of and access to, as well as your purchase of products from, the site, whether as a guest or a registered user.
When we refer to “you” and “your” in these Terms, we are referring to you as a visitor to and user of the site. “We,” “us” and “our” refer to Blackdog Speed Shop.
1. ACCEPTANCE OF TERMS AND OTHER SITE POLICIES
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, using and creating accounts on the site, you acknowledge that you have read, understood and agreed to be bound by these Terms.
If you do not agree to these Terms or to any other policy posted on the site, you should not access or otherwise use the site.
2. ELIGIBILITY TO USE THE SITE; PERSONAL USE ONLY
By using the site, you represent and warrant that you are at least 18 years of age and otherwise have the authority to enter into these Terms, which are a binding contract between you and us.
You may purchase products on the site solely for personal use and not for resale. Each time you place an order, you certify that you are purchasing products for personal use only and not for resale, and you accept the other terms of sale set forth below under the heading “Product Orders,” as they may be updated from time to time.
In order to use some of the features that are offered through the site, you may need to create an account and provide certain information about yourself. You agree that any information you provide to us during registration, and at all other times, is and will be true, current and complete.
We have the right to restrict your access to the site, without notice to you, at any time for any or no reason and with no liability to you.
You are responsible for ensuring that anyone who accesses the site through your internet connection is aware of these Terms, and that they comply with them.
3. CREATING AN ACCOUNT
You are not required to create an account on the site to purchase products. However, if you would like to be able to access and view any open or past orders, or otherwise be recognized on the site so that certain of your information can be saved for future access and use, you have the option of creating an account at any time. Creating an account requires that you create a user ID and password.
You are responsible for maintaining the confidentiality of your account and password, and will be responsible for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password. We are not responsible for any loss that results from the unauthorized use of your user ID and password, with or without your knowledge.
We use e-mail as a vital and primary communication channel with you. By using the site, if you provide us with an e-mail address, such as when creating an account or by using the “Contact Us” or similar features of the site, you grant us permission to communicate with you by e-mail for any purposes related to your use of the site, including system messages, product updates, service announcements and other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.
You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
5. PRODUCT ORDERS
Whether or not you have created an account, you may place orders for products on the site. All orders placed on the site are subject to our acceptance. This means that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or to anyone else. If your credit card has been charged for an order that is later cancelled, we will issue you a refund.
Prices for products are as published on the site, and are incorporated into these Terms by reference. All prices are in United States dollars. Prices and products may change at our discretion.
Title and risk of loss for all products ordered by you will pass to you on our delivery of the products to the shipping center.
You agree to pay for all products you order using the payment method indicated, and you agree to provide us with express authorization to charge such costs to your payment provider. It is your responsibility to promptly provide us with any contact or billing information changes or updates, including changes to your billing address, email address and credit card numbers. If payment is not current, we may immediately cancel your order, and, if you are a registered user, cancel your account. If we have to take legal action to collect any delinquent undisputed amounts, you will be responsible for attorney fees, court costs and other costs we may incur, such as engagement of a collection agency.
If you want to dispute any amount that we bill you, you must notify us about the billing problem or discrepancy within 30 days after charges first appear on your account statement. If a problem is not brought to our attention within 30 days, you will waive your right to dispute that problem.
6. INFORMATION YOU PROVIDE TO US
We welcome your comments and feedback regarding the site, our products and our services. We do not, however, accept confidential or proprietary information, so you should not send us any information that you or any other person expects to be kept confidential, or that is not supposed to be shared. Further, you understand that all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, “Submissions”) disclosed, submitted or offered to us will not be treated as confidential.
You are solely responsible for any Submissions you disclose, submit or offer to us or that are disclosed, submitted or offered to us through any person utilizing your account. You represent and warrant that:
your Submissions do not infringe or otherwise violate any party’s copyright, trademark, trade secret, patent or other proprietary or intellectual property right, including, but not limited to, through use of third-party copyrighted materials without appropriate permission or attribution, use of third party trademarks without appropriate permission or attribution, or use or distribution of third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
your Submissions do not violate any law (whether local, state, national, or international), whether or not intentionally; and
you own, or otherwise have the full right to use and grant the license set forth below in, all of your Submissions.
You agree that we may, and you hereby grant us a nonexclusive, global, royalty-free, perpetual, irrevocable, sublicensable and transferable license to: use, copy, distribute, display, publish, modify, translate and create derivative works from your Submissions for any purpose and in any medium worldwide without any obligation to compensate you or any other third party in any way for any such use. We may grant other parties these same rights to your Submissions. You waive against us and all users of the site any claims and assertions of moral rights or attribution with respect to your Submissions.
You understand and agree that we have the right, but not the obligation, to release, publish and/or use any Submissions, any part thereof, in our discretion and for any purpose, including without limitation advertising and promotional activities, product development, and/or any other commercial purposes, without any right of compensation to you or any third party.
7. LINKS TO OTHER WEB SITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
8. INTELLECTUAL PROPERTY
The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the site, including works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”). We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the Content and the site, which are protected by applicable intellectual and proprietary rights and laws.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without our prior express written consent. We and our Content suppliers have the exclusive right to authorize or prohibit, in our sole discretion, any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. We and our Content suppliers have the right, at any time, to claim the authorship of any Content posted on the site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content that has been expressly authorized in writing by us shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
You are permitted to use view, print or download any Content from the site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You have a limited, non-exclusive and non-transferable license solely to view, print and download Content from the site solely for such limited permitted personal use. Any unauthorized use of the site and the Content immediately and automatically without further action terminates this license.
You will be solely responsible for all damages and other harm resulting from your use of the site and the Content.
You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.
9. COPYRIGHT COMPLAINTS
We take claims of copyright infringement seriously. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
The Digital Millennium Copyright Act, 17 U.S.C. Section 512, as amended (the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the site infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, you may request removal of those materials (or access thereto) from the site by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, your written notice must include the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
These requirements must be followed to give us legally sufficient notice of infringement. Our Copyright Agent to whom you should send copyright infringement complaints is:
Blackdog Speed Shop
600 Barclay Blvd. Lincolnshire, IL
We strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Content you submit, post to, or transmit through the site, your use of the site, your violation of these Terms or your violation of any rights of any third party.
11. DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SITE OR FROM ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. CERTAIN STATE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the City of Chicago, State of Illinois.
15. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these Terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
16. OTHER TERMS
If any provision of these Terms is held to be unenforceable, this holding will not affect the validity of the other provisions.
These Terms are for the benefit of Blackdog Speed Shop, our affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Our failure to insist upon or enforce strict performance of any of these Terms 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.
We may assign our rights and duties under these Terms to any party at any time without notice to you.
These Terms may be modified only by our posting of changes to these terms and conditions on the site.
We reserve the right in our sole discretion to terminate or restrict your use of all or any part of the site out notice, for any or no reason, and without liability to you or anyone else. The provisions of these Terms under the headings Information You Provide to Us, Links to Other Web sites, Intellectual Property, Indemnity, Disclaimer of Warranties, Limitation of Liability, Governing Law and Choice of Forum, Injunctive Relief and Other Terms shall survive any termination.