Terms of service.

Agreement between User and tuttlemotorsportsnc.com

Welcome to tuttlemotorsportsnc.com. The tuttlemotorsportsnc.com website (the "Site") is comprised of various web pages operated by Tuttle Motorsports LLC ("Tuttle Motorsports").

tuttlemotorsportsnc.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of tuttlemotorsportsnc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

tuttlemotorsportsnc.com is an E-Commerce Site.

tuttlemotorsportsnc.com seeks to provide a platform for Tuttle Motorsports clients to purchase goods and services. In addition to a form of communication, this website serves as an informational reference pertaining to the goods and services provided by Tuttle Motorsports.

Order Acceptance
Tuttle Motorsports reserves the right to cancel or refuse any order at any time without notice. Some situations that may result in the cancellation of an order include limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems that are identified by our Credit and Fraud Prevention Department. In some cases we must contact you to obtain and verify additional information before accepting an order. If your order is canceled for any reason or additional information is required, Tuttle Motorsports may contact you by phone and/or email. Please be sure that you verify your contact information on the order as it must be valid to be accepted. If the contact information is fictitious or invalid we reserve the right to cancel an order.

Pricing or Typographical Errors
While Tuttle Motorsports strives to provide accurate product pricing and shipping information, pricing and typographical errors may occur. In rare cases, Tuttle Motorsports cannot confirm product and/or shipping pricing until after an order has been placed. In the event that a pricing or typographical error exists with any product or service offered, Tuttle Motorsports reserves the right to cancel or refuse an order at any time without notice. In most pricing or typographical error situations, Tuttle Motorsports will contact you for further instruction or cancel your order with email and/or phone notification. Shipping price discrepancies may exist on any order regardless of size. If a shipping price discrepancy exists, Tuttle Motorsports may contact the purchaser with revised shipping options. Prices and availability are subject to change without notice.

Tuttle Motorsports is not responsible for any damages that may have occurred by using the products that we sell. Tuttle Motorsports does not pay for consequential, incidental and contingent damages or costs incurred of any kind, including the cost incurred directly or indirectly in relation to products sold by Tuttle Motorsports including labor or product coverage.

Product Disclaimer:
Some of the products offered on our site are for off-road use only. It is the responsibility of the customer to check with all federal, state, local, and environmental laws prior to ordering and installing a product. Tuttle Motorsports is not responsible for any fees, fines, or costs that a customer may incur as a result of failing to check with federal, state, local, or environmental laws prior to ordering and installing a product.

As a racing organization, many products Tuttle Motorsports sells, develops, and manufactures are intended for racing, competition, hobby, or off-road use. These products may not be used in violation of state, federal, provincial, or local laws. It becomes the sole responsibility of the Customer to ensure their vehicle conforms to all laws and regulations governing road use especially in regards to emissions and safety. By purchasing and installing these parts, the Customer acknowledges they are using the part(s) and vehicle in off-highway racing or hobby situations, and not for road or highway use.

Tuttle Motorsports is located in the USA and does not have access to vehicles intended for other markets, including right hand drive (RHD) vehicles. Tuttle Motorsports cannot confirm fitment on all parts in our catalog for non-US market or RHD cars. It is the vehicle owner's and/or purchaser's responsibility to confirm fitment accuracy prior to placing the order. Tuttle Motorsports is not responsible if parts do not fit non-US market vehicles.

Lost Packages:
If you do not receive your package and the tracking information shows that the package has been delivered you must notify us within twenty-one days of the marked delivery date so that we can initiate a lost package tracer with the shipping carrier you have originally selected. Replacement products will not be sent until the shipping carrier completes the tracer request and grants permission for replacement product to be shipped UPS typically requires up to eight business days from the time the claim is started. USPS can require from five to ninety business days, depending on your country's time requirement that has been set forth. FedEx can require from twenty-one to twenty-eight business days from the time the claim is started. Please note that this is the policy of the shipper and not of Tuttle Motorsports. Tuttle Motorsports does not guarantee that any packages will be credited by the shipping carrier until this process is complete.

Tuttle Motorsports will not provide refunds for any lost package under any circumstances.

Privacy

Your use of tuttlemotorsportsnc.com is subject to Tuttle Motorsports's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting tuttlemotorsportsnc.com or sending emails to Tuttle Motorsports constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, social media, and on the Site, satisfy any legal requirement that such communications be in writing.

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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tuttle Motorsports is not responsible for third party access to your account that results from theft or misappropriation of your account. Tuttle Motorsports and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Cancellation/Refund Policy

We stand behind our brand and our process. If you are not completely satisfied with a product or service please contact us directly so we can work with you to make it right.

Links to Third Party Sites/Third Party Services

tuttlemotorsportsnc.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Tuttle Motorsports and Tuttle Motorsports is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tuttle Motorsports is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tuttle Motorsports of the site or any association with its operators.

Certain services made available via tuttlemotorsportsnc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the tuttlemotorsportsnc.com domain, you hereby acknowledge and consent that Tuttle Motorsports may share such information and data with any third party with whom Tuttle Motorsports has a contractual relationship to provide the requested product, service or functionality on behalf of tuttlemotorsportsnc.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use tuttlemotorsportsnc.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tuttle Motorsports that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tuttle Motorsports or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tuttle Motorsports content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tuttle Motorsports and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tuttle Motorsports or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Tuttle Motorsports from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tuttle Motorsports Content accessed through tuttlemotorsportsnc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Tuttle Motorsports, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tuttle Motorsports reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tuttle Motorsports in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TUTTLE MOTORSPORTS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TUTTLE MOTORSPORTS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TUTTLE MOTORSPORTS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUTTLE MOTORSPORTS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TUTTLE MOTORSPORTS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Tuttle Motorsports reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tuttle Motorsports as a result of this agreement or use of the Site. Tuttle Motorsports's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tuttle Motorsports's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tuttle Motorsports with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tuttle Motorsports with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tuttle Motorsports with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Tuttle Motorsports reserves the right, in its sole discretion, to change the Terms under which tuttlemotorsportsnc.com is offered. The most current version of the Terms will supersede all previous versions. Tuttle Motorsports encourages you to periodically review the Terms to stay informed of our updates.

Tuttle Motorsports welcomes your questions or comments regarding the Terms:

Email Address:

sales@tuttlemotorsportsnc.com

Effective as of August 06, 2020