Terms — Track Shaker

RETURN POLICY

If you are dissatisfied with your purchase of apparel from Track Shaker the purchase may be returned to us within thirty (21) calendar days of receipt thereof for a full return of the purchase price.

Please note for Track Shaker American Hundred Apparel the elaborate design and production variances may result in parts of some track outlines that border stitch lines being cut off or obstructed. Customer accepts that some track outlines may have up to 1/3 of the outline area cut off, and if less than 1/3 of one or more tracks is cut off this is not grounds for a refund. If a significant portion of one or more track outlines is cut off or obstructed customer will notify Track Shaker in their refund request of the manufacturing defect and agrees to provide a photo of the production error via email to prove the error is substantial enough to warrant a full refund or exchange, which is at the discretion of Track Shaker.

When a customer notifies Track Shaker of a return a return shipping label will be sent to them. If an undamaged order is refused by the customer at the time of delivery, the customer will be responsible for all shipping charges to and from our location.

Please return all products in “as-new” condition, for apparel this means with no signs of wear or damage, apparel must be not worn, and not washed. All returned merchandise will be inspected, and if they are not in “as-new” condition, additional charges will apply. Track Shaker will not accept returns on products that were damaged as a result of abuse or improper installation.

Please note that once received refunds may take up to thirty (30) days to process. In the event a customer should not receive a refund as anticipated, you should first contact the appropriate financial institution to which the refund is expected to post. If, after speaking with the financial institution you continue to experience problems with an anticipated refund, please contact us.

Should you wish to withdraw and return for a full refund any order, you may do so by contacting us at trackshakermotorsports@gmail.com with “Refund Order” in the subject line, and a brief message detailing the order you wish to return for a refund.

DISCLAIMERS

ASSUMPTION OF THE RISK: Operating any motor vehicle contains inherent risks to your health, safety, and life and can result in severe injuries and/or death. You knowingly and voluntarily assume these risks by your own free will and accord should you choose to operate a motor vehicle or attend any motor vehicle-related event. Risk of injury can be lessened when safe techniques, good form, and common sense are practiced.

NO ADVICE OR ENDORSEMENT GIVEN: The ideas, concepts and opinions expressed by Track Shaker on the Web site bearing the URL www.trackshaker.com or in any related product, including but not limited to blog posts, consultations, ebooks, videos or other products and services, are for general information purposes only. As such, the information is provided with the understanding that Track Shaker as well as any affiliates, officers, directors, vendors, and other entities are not rendering any endorsement of the safety or quality of a motor vehicle event, its sponsor, or affiliates nor should the information provided be used for a substitute for advice given directly by the hosts or sponsors of a motor sports event that you attend or participate in. ALWAYS ADHERE TO THE RULES AND ADVICE OF THE HOST AND/OR SPONSOR OF ANY APPLICABLE MOTOR SPORTS EVENT.

NO WARRANTIES: Unless otherwise expressly stated, no express or implied warranties of any type, including but not limited to implied warranties of merchantability or fitness for a particular purpose, are made regarding Track Shaker and the information or services provided thereby.

LIMITATION OF LIABILITY: NEITHER TRACK SHAKER NOR OUR PARTNERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND/OR AFFILIATES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, including BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE ARISING OUT OF THE USE OF OR RELIANCE ON ANY INFORMATION PROVIDED BY track shaker, including but not limited to the URL www.trackshaker.com or in any related Product, including but not limited to motor sports related consultations, coaching, preparation, techniques, or tricks.

INDEMNIFICATION: You agree to defend, indemnify and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS from and against all claims, SUITS, and expenses, including attorneys' fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY THE WEB SITE OR TRACK SHAKER; (B) your noncompliance with or breach of ANY TRACK SHAKER TERMS AND CONDITIONS; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools OR PARTICIPATION IN OR ATTENANCE AT ANY THIRD-PARTY EVENT; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) the unauthorized use of the Web site BY ANY person using your information.

TERMS AND CONDITIONS

These Terms and Conditions describe the services offered by us and form a contract between you, the user, and Track Shaker, LLC. These Terms and Conditions must be accepted in order to use the Site and purchase our Services.

BY USING THIS SITE, USERS AGREE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD NOT USE THIS SITE.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1. Definitions.

References to “Dispute” mean any claim, conflict, controversy, disagreement between the parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.

References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.

References to the “Services” mean, collectively, those track day preparation informational services provided via the Web site as well as the sale of motorsports related goods.

References to the “Site” mean the Web site bearing the URL www.trackshaker.com as well as any other Sites owned and/or operated by us.

References to the “Terms” and/or “Agreement,” mean this, these Terms and Conditions as set forth herein.

References to “us,” “we,” “our,” and/or “Track Shaker,” mean Track Shaker, LLC, a North Carolina limited liability company.

References to “you,” and/or “User” mean the user of the Web site and/or the purchaser and/or user of our Services.

1.2. Agreement to be Bound.

The following Terms and Conditions, together with the relevant information set out on this Site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms and Conditions set forth below. Please read them carefully as any of use of this Site constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Site or otherwise purchasing a Services, you represent that you are at least eighteen (18) years old, have read and understand the Terms and Conditions, and that you agree to be bound by these Terms and Conditions as set forth below.

These Terms and Conditions are subject to the Privacy Policy, which also governs your use of the Site.

SECTION II: GENERAL PROVISIONS

2.1. Accuracy, Completeness, and Timeliness of Information Provided via the Site.

We are not responsible if information made available on the Site is not accurate, complete, or current. You acknowledge that the Site and the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. This includes but is not limited to financial, healthcare, and/or legal decisions, actions, or failures to act, or any other undertakings. Any reliance on the Site and/or the Services is at your own risk.

2.2. Errors in Web Site or Services
We do not warrant that any errors in the Site will be corrected.

2.3. Modifications and Changes to Terms and Conditions.

We may modify, add to, suspend, or delete these Terms and Conditions or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions, or deletions being immediately effective upon their posting to the Site and/or emailing to our registered Users. Your use of the Site after modification, addition, or deletion of these Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition, or deletion.

2.4. Modifications and Changes to the Web Site, Services Offered.

We may modify, add to, suspend, or delete any aspect of this Site or any Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

2.5. Access to Site.

Though we try to make the Site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Site will be available at all times.

We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Site.

2.6. Right of Refusal, Limitation, Discontinuation, and Termination.

We reserve the right to refuse to provide access to the Site or purchase of a Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account (as defined below) for any reason whatsoever, as allowable by law. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.

2.7. Prohibited Uses of Site and Services.

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Site and/or Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Site; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Site; (l) for money laundering purposes or other criminal activity; or (m) for the purchase of alcohol and other age-restricted goods and services. We reserve the right to terminate your use of the Site for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

2.8. No Endorsement.

We do not endorse or otherwise promote the experiences and activities that may be discussed on the Web site. If you rely on any of the information provided by or on the Site, you do so at your own risk.

SECTION III: ACCOUNTS

3.1. Online Accounts.

Users may be given the opportunity to register via an online registration form to create a User account, (your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Site and/or purchase Services. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms and Conditions. Accounts may be cancelled at any time via the Account settings.

3.2. Transfer Prohibited.

You agree you shall not sell, trade or transfer that Account to any other person or entity.

3.3. Right to Monitor.

We shall have the right to monitor your Account in our sole and exclusive discretion.

3.4. Account Guidelines.

The Site may contain the ability for Users to interact with each other via comment and discussion areas or through interaction on social media ("Interactive Area.”) By participating in an Interactive Area, all Users agree and acknowledge that they:

Shall not upload, distribute, or otherwise publish to the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and

Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and

Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; and

Shall not personally attack another User. Personal attacks are a direct violation of these Terms and Conditions and are grounds for immediate and permanent suspension of access to all or part of the Interactive Area and use of the Site; and

Shall not use the Interactive Area to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods in the scope envisioned by the express purpose of the Site; and

Shall not upload, post, or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and

Shall not post unauthorized commercial communications (such as spam); and

Shall not upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and

Shall not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and

Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and

Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Area or posting private information about a third-party; and

Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and

Shall not upload, post, or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and

Shall not interfere with or disrupt the Site and/or the Interactive Area or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site and/or the Interactive Area; and

Shall not facilitate or encourage any violations of these Terms and Conditions or our policies.

Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.

3.5. Rights in Submissions.

Should you submit, display, publish or otherwise post any content to an Interactive Area, (“Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.

You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

3.6. Right to Monitor.

We shall have the right to monitor your Account and any Submissions in our sole and exclusive discretion.

3.7. Customer Support.

Customer support regarding your Account or any Services purchase may be reached Monday through Friday from 9 a.m. to 5 p.m. EDT/EST via our customer support phone lines available at (704) 268-9655. Alternatively, Users may contact us via email at trackshakermotorsports@gmail.com. We strive to return support requests within forty-eight (48) business hours, excluding U.S. federal holidays.

SECTION IV: TERMS OF SALE

4.1. Sales Price.

The sale price for our Services is as set forth on the checkout page and at the point of sale. Taxes, to the extent applicable, shall be included at the point of sale. Sales prices are subject to change at any time in our sole and exclusive discretion or that of our affiliated vendors.

4.2. Payment Method.

Payment shall be made electronically via the User’s selected payment method, including via major credit or debit card. Payments shall be processed immediately via Shopify.

4.3. Returns, Refunds, Exchanges.

If you are dissatisfied with any purchase of a Services, for any reason whatsoever the purchase may be returned to us within thirty (30) calendar days of receipt thereof for a full return of the purchase price.

Please return all products in “as-new” condition, in the original packaging with all the original warranty cards and installation instructions. There will be a 10% re-boxing fee for products returned in a damaged box. All returned merchandise will be inspected, and if they are not in “as-new” condition, additional charges will apply. Track Shaker will not accept returns on products that were damaged as a result of abuse or improper installation.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made.

We reserve the right to discontinue or otherwise limit the sale and/or provision of any and all Services provided by us for any reason at any time in our sole and exclusive discretion.

Any offer for the sale of any and all Services provided by us is void where prohibited.

4.5. Shipment.

Shipments of purchased Services are via USPS or UPS and may take up to five (5) business days to arrive.

SECTION V: INTELLECTUAL PROPERTY

5.1. Intellectual Property Rights Not Waived.

This is an Agreement for access to and use of the Site and Services, and you are not granted a license to any software or intellectual property by these Terms and Conditions. The Site and Services are protected by U.S. and, where applicable, international intellectual property laws. The Site and Services belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Site and Services.

Furthermore, all material displayed or transmitted on this Site and via the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (“Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.

Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Site or via the Services, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.

You may make a single print copy of any Materials provided by us on this Site or via a Services purchase for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Site without our express written permission. All requests for archiving, republication, or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to trackshakermotorsports@gmail.com.

You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Site in accordance with these Terms and Conditions. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms and Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms and Conditions.

5.2. Feedback.

You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third-party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.

Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Track Shaker or its initiatives, (your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority, or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback, provided to us by third-parties, or independently-developed or considered by us, shall be without obligation to you.

SECTION VI: Third-Party Advertisements, Promotions, and Links

6.1. Third Party Advertisements and Promotions.

We may, from time to time, run advertisements and promotions from third-parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

6.2. Use of Third-Party Tools.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

6.3. Third-Party Links.

Certain content, products, and services available via our Site may include materials from third-parties.

Third-party links on the Site may direct you to third-party Sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Site. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

7.1. Disclaimer of Warranty; Limitation of Liability.

(A) YOU AGREE THAT USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE use of the Site OR THE PRODUCTS SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR PRODUCTS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.

(B) ANY INFORMATION PROVIDED VIA THE SITE OR PRODUCTS, DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.

(C) IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR PRODUCTS.

(D) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE SITE AND/OR PRODUCTS YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE SITE OR THE PRODUCTS.

(E) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF SALES FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) TEN U.S. DOLLARS AND NO/CENTS ($10.00,) WHICHEVER IS GREATER.

(F) All products sold on trackshaker.com have a warranty against manufacturer defects & workmanship. Any warranties on items sold by Track Shaker are those made by the manufacturer. All warranty claims must be made with the manufacturer of the product. Manufacturers shall be the sole judges of all warranties.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.

7.2. INDEMNIFICATION.

You agree to defend, indemnify, and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS from and against all claims, SUITS, and expenses, including attorneys' fees, arising out of OR RELATED TO (a) YOUR USE OF THE SITE AND/OR PRODUCTS; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; AND/OR (E) the unauthorized use of the Site OR PRODUCTS by any other person using your information.

SECTION VIII: GOVERNING LAW; ARBITRATION

8.1. Governing Law.

These Terms and Conditions shall be governed and construed in accordance with the laws of North Carolina without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Mecklenburg County, North Carolina, and any cause of action that relates to or arises from these Terms and Conditions, the Services and/or the Site must be filed therein unless subject to the binding arbitration provisions of Section 8.2, infra.

8.2. Arbitration.

The parties agree that any dispute concerning, relating, or referring to these Terms and/or the Site shall be resolved exclusively by binding arbitration in accordance with the substantive laws of North Carolina and shall be brought for arbitration in Mecklenburg County, North Carolina, pursuant to the rules of the American Arbitration Association. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.

SECTION IX: MISCELLANEOUS

9.1. Affiliate Disclosure.

We may have an affiliate relationship with third-parties and affiliates to whose products and services we link and promote through the Site, our mailing list, and/or the Services. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate.

9.2. Different and Conflicting Terms.

We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.

9.3. Authority.

Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.

9.4. Waiver.

Any waiver of a right under these Terms and Conditions shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

9.5. Force Majeure.

We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

9.6. Assignment.

We shall have the right to assign and/or transfer these Terms and Conditions and our rights and obligations hereunder to any third-party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms and Conditions without our prior written consent in our sole and exclusive discretion.

9.7. Rights of Third Parties.

These Terms do not give any right to any third-party unless explicitly stated herein.

9.8. Relationship of the Parties.

The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.

9.9. Severability.

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, 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 this Agreement will continue in effect.

9.10. Additional Services, Contests.

We reserve the right, in our sole discretion and from time to time, to offer contests, programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such contest, program, product, or service.

9.11. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Track Shaker, LLC, Track Shaker, LLC, 9935-D Rea Rd #302, Charlotte, NC 28277, and, in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three days after the date of mailing.

9.12. Updates.

From time to time, we may update these Terms and Conditions by prominently posting a notice of update to the Site and contacting you at the email you provided upon registration, if applicable, so we encourage you to review them often.

PRIVACY POLICY

We at Track Shaker are committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have requests concerning your personal information or any questions please contact us at trackshakermotorsports@gmail.com.

If you have objections to the Privacy Policy, you should immediately discontinue use of the Web site and Services offered by us.

Definitions

References to the “Services” mean, collectively, those track day preparation informational services provided via the Web site as well as the sale of motorsports related goods.

References to “us,” “we,” “our,” and/or “Track Shaker,” mean that North Carolina limited liability company of the same name, including any and all trade names utilized thereby.

References to the “Web site” mean, collectively, the Web sites bearing the URL www.trackshaker.com as well as any other site or social media page operated by us.

References to “you,” and/or “User,” mean the user of the Web site and/or the purchaser and/or user of our Services.

General

The following outlines the Privacy Policy but it is to your benefit to read the specific elements that follow below and are set forth in more detail in this Privacy Policy:

1. Before or at the time of collecting personal information, Track Shaker will identify the purposes for which information is being collected.

2. Track Shaker will collect and use personal information solely with the objective of fulfilling those purposes specified by Track Shaker and for other compatible purposes, unless Track Shaker obtains the consent of the individual concerned or as required by law.

3. Track Shaker will only retain personal information as long as necessary for the fulfillment of those purposes.

4. Track Shaker will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

5. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

6. Track Shaker will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

7. Track Shaker will make readily available to customers information about Track Shaker’s policies and practices relating to the management of personal information.

8. Track Shaker is committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Agreement to be Bound

The following Privacy Policy governs the collection and use of private information via the Web site or through our Services. By accessing the Web site and/or utilizing our Services, you represent that you have read and understand the Privacy Policy and that you agree to be bound by thereby

This Privacy Policy may be additionally subject to our Terms and Conditions.

Modifications and Changes to Privacy Policy

We may modify, add to, suspend, or delete the Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being effective thirty (30) calendar days following their posting to the Web and emailing a notice to registered Users. Your access of the Web site and/or purchase of our Services, after modification, addition or deletion of the Privacy Policy shall be deemed to constitute acceptance by you of the modification, addition, or deletion.

The Information We Collect

Track Shaker does not collect information about its users from third party sources, such as public records or entities, or private organizations.

We collect both personally-identifiable information or personal data and non-personally-identifiable information from you. Often, you choose what information to provide to us, but, sometimes, we may require certain information for you to use and for us to provide the Services. Specifically, we collect the following:

Registration, Purchase, and Provision of our Services. In order to register you for our services, and to provide any product sales, we collect your full name, email, phone number, delivery address and billing address.

Payment Information. Depending on the nature of payment for our Services selected by you, we may collect and pass on your personal financial information, such as credit and debit card number; however, should a User choose to participate in any of our paid Services, financial transactions may be subject to the privacy policy of our third-party payment processors. We do not store payment information, but, instead, pass such information to our payment processors, who may store the same in accordance with their own policies.

Automated Information. Track Shaker uses artificial intelligence and web-based analytics to automatically receive and record information from each User’s browser or your mobile device when you visit the Web site or use the Services, such as your IP address in an anonymized fashion or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Web site and Services, data about the type of device you use to connect to our Web site and Services, and information about the pages you visit before and after the Web site or use our Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Web site and our Services secure, to analyze and understand how the Services work for our Users, and to provide advertising, including across your devices, and a more customized Web site experience for all Users.

We may also automatically collect device-specific information when you access or use our Web site or Services. This information may include information such as the hardware model, operating system information, browser information, IP address, human readable hardware name, and device identifiers. This information is necessary to identify you and to determine the hardware requirements of Track Shaker’s users.

Use of Your Information

We may use your personally-identifiable information to process transactions; to provide and improve customer service administration; to personalize your User experience; to contact Users via e-mail or telephone regarding their purchases; to respond to inquiries, and/or other requests or questions; to send company news, updates and other related info via our mailing list; to facilitate registration for and use of our Services; to administer a contest, promotion, survey or other feature; and to ensure legal compliance.

We may use your non-personally identifiable information to create traffic statistics for our Web site and Services; to create User statistics for our Services; to improve customer service; and to personalize your User experience.

Your Rights & Preferences

Track Shaker gives you the choice of providing, editing, or removing certain information, as well as choices about how we contact you. Not that you may not be able to access all functionality of the Services should you choose to decline to provide some personal information. For example, we cannot process a payment should you decline to provide payment information.

You may change or correct your Track Shaker information by emailing us at trackshakermotorsports@gmail.com.

You can also request the deletion of the personal information by emailing us at trackshakermotorsports@gmail.com.

Furthermore, should you not wish for us to reach decisions affecting you using automated profiling or processing, you may decline such participation or by emailing us at trackshakermotorsports@gmail.com.

Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability if we are processing your data for reasons of consent or to fulfill a contract (including the right to obtain a copy of your personal data you provided to Track Shaker, via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion if we are processing your data for reasons of consent or legitimate interest (including the right to have Track Shaker delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask Track Shaker to stop processing your personal data, with some exceptions, by contacting us).

You may also control the receipt of certain types of communications from Track Shaker. Track Shaker may send you messages about the Services or your activity. Some of these messages are required, service-related messages for Users (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive via the unsubscribe link in our emails.

If you no longer wish to use the Web site or our Services from us or receive service-related messages (except for legally required notices), then you may close email us at trackshakermotorsports@gmail.com.

Sharing Information with Third Parties

Track Shaker does not sell, rent, lease, trade, or otherwise give away its customer lists to third parties. Track Shaker may share your data only with those third-parties who may be necessary to provide the Services and process your data, such as our payment processors. We utilize the following third-party services to provide the Services, which are subject to change at any time:

Squarespace

Shopify

Printful

Printify

Motorville Wholesale

National Parts Warehouse

Track Shaker may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Track Shaker or the Web site; (b) protect and defend the rights or property of Track Shaker; (c) in the event Track Shaker reasonably believes you have used the Services to commit fraud or copyright infringement or have otherwise violated our Terms and Conditions of use; and/or (d) act under exigent circumstances to protect the personal safety of users of Track Shaker, or the public.

Use of Cookies; User Session Information

The Track Shaker Web site may use "cookies," web beacons, activity tracking, bug reporting, and other personalized advertising to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Track Shaker pages, or register with Track Shaker site or purchase Services, a cookie helps Track Shaker to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Track Shaker website, the information you previously provided can be retrieved, so you can easily use the Track Shaker features that you customized. Generally speaking, cookies do not contain personal information from which you can be identified, unless you have furnished such information to the Web site.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Track Shaker Services or websites you visit.

User session information, including identification and length (a randomly generated identification created for each time you use the Web site, and the amount of time you use the Web site, in a single session), which shows Track Shaker User preferences regarding return visits to the Web site, helps Track Shaker to manage subscriptions and private areas on the Web site, records user specific tracking and/or aggregate tracking information of Track Shaker Users and delivers customized content based on User-specific information, such as browser type, screen type and resolution; Track Shaker may use this information in aggregated form in order to improve future development of the Web site.

We may also use "Web beacons," activity trackers, or clear .gifs, or similar technologies, which are small pieces of code placed on a Web page, to monitor the behavior and collect data about the visitors viewing a Web page. For example, web beacons may be used to count the users who visit a Web page or to deliver a cookie to the browser of a visitor viewing that page.

As an automatic process, Track Shaker may record email and internet protocol (IP) addresses that access the Web site for evaluation and diagnostic purposes in order to seek out and repair functionality issues with Track Shaker’s servers and related programming, and to monitor traffic patterns, analyze trends, administer the Web site, track use patterns, and identify the most popular areas of the Website to deliver content most relevant to Track Shaker’s Users. Track Shaker hereby reserves the right to share aggregated demographic information with Track Shaker’s partners provided that such information will not be linked to your personally identifiable information that identifies you, except as set forth in this Privacy Policy.

Security of your Personal Information

Track Shaker secures your personal information from unauthorized access, use, or disclosure by restricting the same to management-level access, utilizing secure sockets layers (SSL) and HTTP strict transport security (HSTS) protocols.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Please note that non-encrypted communication using email is not secure. Thus, we cannot guarantee data security in email communication and, therefore, recommend using physical mail for confidential information.

International Transfer

We offer a US-based service. Thus, your information will likely be transferred to and processed via servers located in the United States. Canada, the United States, the European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live.

Children Under Thirteen; Notice to Minors

Track Shaker does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use the Web site and Services. We request that all users of the Web site and our Services who are under the age of thirteen not disclose or provide any personally-identifiable information. If we discover that a child under thirteen has provided us with personally-identifiable information, we will delete that child’s personally-identifiable information from our records.

In addition to protecting the privacy of children under age thirteen we are committed to protect the privacy of minors. Though neither our Web site nor our Services is targeted to minors nor is it intended to be used by minors, if, for any reason a minor has shared information via our Web site and/or Services said minor may request and obtain removal of such information by contacting us at trackshakermotorsports@gmail.com. Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information provided.

Do Not Track Disclosure

Please note that while you may have the opportunity to opt-out of targeted advertising as discussed in the “How to Opt-Out” section above, and you may be able to control the use of cookies through your Web browser as described in the “Use of Cookies” section below, some Web browsers may also give you the ability to enable a “do not track” setting. This setting sends a special signal to the Web sites you encounter while Web browsing. This “do not track” signal is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled still have the ability to accept cookies. We do not respond to Web browser “do not track” signals at this time. If we do so in the future, we will describe how we do so in this Privacy Policy. For more information about “do not track,” visit http://www.allaboutdnt.org/.

Retention

Track Shaker will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active, as described in this policy, or as needed to provide the Services to you. If you no longer want Track Shaker to use your information to provide the Services to you, you may cease use of the Services and email us at trackshakermotorsports@gmail.com. Track Shaker will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

E-mail Communications; How to Opt-Out

It is Track Shaker’s policy not to send unsolicited emails or allow third parties to contact you via the email address that you provide to Track Shaker; however, this excludes any email addresses you used to unlock content downloads, which will be shared with the users providing such download to you in order to contact you.

Track Shaker may, from time to time, contact you to discuss business relevant to your subscription and, naturally, Track Shaker will contact you to respond to inquiries that you may send to Track Shaker.

In addition, from time to time, Track Shaker may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.

Track Shaker may, from time to time, contact you to discuss business relevant to your purchases and, naturally, Track Shaker will contact you to respond to inquiries that you may send to Track Shaker.

Please note that our marketing and promotional communications are opt-in. This means that we will only send you such communications if you request them. If you would like to stop receiving marketing or promotional communications via email from Track Shaker, you may opt out of such communications by clicking on the UNSUBSCRIBE link.

Email marketing campaigns published by us may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but shall not be limited to: the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates, and frequency of activity. This information is used to refine future email campaigns and supply the User with more relevant content based around their activity.

Note that due to the nature of our Services, your email address may be published on the Web site. We are not responsible for any unwanted email that is sent to you by any third party or entity who has collected your email address from the Website.

Your Rights

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, Track Shaker will provide you with information about whether we hold any of your personal information. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. If you need further assistance, you can contact Track Shaker through one of the channels listed below under “Contact Information.” We will respond to your request within a reasonable timeframe.

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications.

Special Notice to California Residents

This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, our website has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category A: Identifiers

Examples: A real name, Internet Protocol address, email address, or other similar identifiers.

Collected: YES

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: NO

Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: NO

Personal information does not include:

· Publicly available information from government records.

· De-identified or aggregated consumer information.

· Information excluded from the CCPA’s scope, like:

· health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

· personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

· Directly from you. For example, from forms you complete on our Web site.

· Indirectly from you. For example, from observing your actions on our Web site or interactions with our advertisers.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following business purposes:

· To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a product or Service, we will use that information to process your payment and facilitate delivery.

· To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

· As described to you when collecting your personal information or as otherwise set forth in the CCPA.

· We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

For a list of whom we share your personal information, please see this Privacy Policy, Sharing Information with Third Parties.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Track Shaker has not disclosed personal information for a business purpose.

Sales of Personal Information

In the preceding twelve (12) months, Track Shaker had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

· The categories of personal information we collected about you.

· The categories of sources for the personal information we collected about you.

· Our business or commercial purpose for collecting or selling that personal information.

· The categories of third parties with whom we share that personal information.

· The specific pieces of personal information we collected about you (also called a data portability request).

· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

· sales, identifying the personal information categories that each category of recipient purchased; and

· disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

· Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

· Debug products to identify and repair errors that impair existing intended functionality.

· Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

· Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

· Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

· Comply with a legal obligation.

· Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve- (12)-month period. The verifiable consumer request must:

· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to [45/90] days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve- (12-) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are sixteen (16) years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between thirteen (13) and sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following our webpage and sending us a message.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at our address listed on our webpage.

To make any such a request, please contact us through one of the channels listed below under “Contact Information.”

Withdrawing Consent

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications. You can email trackshakermotorsports@gmail.com at any time to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent.

Contact Information

Track Shaker welcomes your questions or comments regarding this Privacy Policy. If you believe that Track Shaker has not adhered to this Statement, please contact:

Address: Track Shaker, LLC, 9935-D Rea Rd #302, Charlotte, NC 28277

Email Address:  trackshakermotorsports@gmail.com

Arbitration Procedures

Overview

Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Track Shaker.

Pre-Arbitration Dispute Resolution.

Track Shaker is always interested in resolving disputes amicably and efficiently. So before you commence an arbitration, we suggest that you contact us to explain your completing, as we may be able to resolve it without the need for arbitration. You may contact us at trackshakermotorsports@gmail.com.

Administrator.

The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with Track Shaker. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf.

Applicable Rules.

The arbitration will be governed by the AAA’s Commercial Arbitration Rules and its Consumer-Related Disputes Supplementary Procedures (together, the “AAA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.

Commencing Arbitration.

To commence an arbitration against Track Shaker, you must complete a short form, submit it to the AAA, and send a copy to Track Shaker at trackshakermotorsports@gmail.com. To learn more about commencing an arbitration and to obtain a form to institute arbitration, see the AAA’s claim filing page, https://www.adr.org/support, and its guide on Representing Yourself in Arbitration, http://info.adr.org/prose. You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim, Track Shaker may assert any counterclaims it may have against the complaining party.

Fees.

You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. Track Shaker will pay all remaining fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.

Selection of the Arbitrator.

The parties, using the AAA’s standard procedures, will select a single arbitrator from a roster of neutrals prepared by the AAA.

Discovery.

Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

Communications with the Arbitrator.

Whenever communicating with the arbitrator, the parties must include each other — for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

Confidentiality

Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Arbitration Award.

The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.

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