Watson Racing LC Website and General Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
www.watsonracing.com OR PLACING ANY ORDER. These Terms and Conditions apply to use of www.watsonracing.com and to the sale and purchase of all goods and services from Watson Racing LC. Other Terms and Conditions may also apply as set forth on documents used to confirm such sales and purchases including but not limited to Memos, Receipts, Confirmation of Orders, Quotes and other documents of sale generated by Watson Racing LC in connection with your purchase (whether transmitted via hard copy or electronic media). All customers, including but not limited to users of www.watsonracing.com agree that access to and use of this site and all sales and orders placed through www.watsonracing.com or directly with Watson Racing LC are subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in www.watsonracing.com, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Watson Racing LC. The collective work includes works that are licensed to Watson Racing LC. Copyright 2013, Watson Racing LC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of www.watsonracing.com for the sole purpose of placing an order with Watson Racing LC or purchasing Watson Racing LC products or services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of www.watsonracing.com solely for your own non-commercial use, or to place an order with Watson Racing LC or to purchase Watson Racing LC products or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of www.watsonracing.com is strictly prohibited, unless authorized by Watson Racing LC. You further agree not to change or delete any proprietary notices from materials downloaded from www.watsonracing.com.


Trademarks
All trademarks, service marks and trade names of Watson Racing LC used at www.watsonracing.com are trademarks or registered trademarks of Watson Racing LC


Warranty Disclaimer
This site and the materials, products and services offered on www.watsonracing.com (whether such orders are placed through the website or via any other method through Watson Racing LC) are provided "as is" and without warranties of any kind, whether express or implied unless otherwise specifically noted (See Watson Racing, LC Warranty Policy). To the fullest extent permissible pursuant to applicable law, Watson Racing LC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Watson Racing LC does not represent or warrant that the functions contained in www.watsonracing.com will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. Unless otherwise stated herein Watson Racing LC does not make any warrantees or representations regarding the use of the materials in www.watsonracing.com or the goods and services offered therein in terms of correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Irrespective or any Warranty (if any) (See Watson Racing, LC Warranty Policy) Watson Racing LC shall under no circumstances be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the products and services here offered, even if Watson Racing LC has been advised of the possibility of such damages. A separate or different warranty may apply to Ford Racing products sold by Watson Racing LC. The Ford racing Policy may be found at https://performanceparts.ford.com/warranty/Default.asp
Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Watson Racing LC product is mistakenly listed at an incorrect price, Watson Racing LC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Watson Racing LC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Watson Racing LC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or process of placing your order. These terms and conditions, or any part of them, may be terminated by Watson Racing LC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Watson Racing LC may deliver notice to you by means of e-mail, a general notice on www.watsonracing.com, or by other reliable method to the address you have provided to Watson Racing LC.


Miscellaneous
Your use of www.watsonracing.com shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to www.watsonracing.com (including but not limited to any purchase of any Watson Racing LC products or services) shall rest solely with the American Arbitration Association through a commercial panel to be convened in the state of Michigan, County of Wayne. Any cause of action or claim you may have with respect to www.watsonracing.com (including but not limited to the purchase, use, and/or any damages resulting from Watson Racing LC products or services (wherever and however your order was placed) must be commenced within one (1) year after the date of delivery of any product or service. This warranty period may be different than the statute of limitations period for any such claim under applicable law. By placing an order with Watson Racing LC you agree to be bound by this arbitration clause, by the resultant waiver of the right to trial by jury, and by the stated warranty and statute of limitations .Watson Racing LC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any other term or condition. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Watson Racing LC may assign its rights and duties under this Agreement to any party at any time without notice to you. For purposes of interpretation of this or any other provision set forth herein neither Watson Racing LC nor purchaser shall be considered the drafter of these terms and entitled to any presumption attached under applicable law.


Use of Site
Harassment in any manner or form on www.watsonracing.com, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Watson Racing LC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through www.watsonracing.com any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on www.watsonracing.com or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Watson Racing LC does not and cannot review all communications and materials posted to or created by users accessing www.watsonracing.com, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Watson Racing LC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Watson Racing LC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Watson Racing LC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Watson Racing LC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing www.watsonracing.com using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Watson Racing LC may link to sites operated by third parties. However, even if the third party is affiliated with Watson Racing LC, Watson Racing LC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Watson Racing LC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Watson Racing LC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Please email any found errors or issues to webalerts [at] watsoneng.com.