Terms of Service

Introduction

By using our Services (as defined below), you agree that such use and access are subject to, and that you are bound by, the terms and conditions described in this Terms of Service (“Terms”) and such other agreements, documents and instruments referenced herein or in any of the other Sites (collectively with Terms, the “Agreement”). The Agreement is a LEGAL and BINDING agreement between you and Racebuilds Inc. ("Racebuilds," "we," "us," and/or "our").

As used in the Agreement, the word “Sites” includes Racebuilds’s website at http://www.racebuilds.com (the “Racebuilds Website”) and social media sites, including but not limited to Facebook, Instagram, Twitter and others (the “Social Media Sites”).

We may, at any time change or modify portions of the Agreement without any notice to you or any other person. It is your responsibility to periodically review the Agreement so you are aware of any changes. We may, but are not obligated to, notify you of changes to the Agreement through reasonable means. Your continued use of the Sites and the other Services after the effective date any changes constitutes your acceptance of the new Agreement.

Your use of the Social Media Sites shall also be subject to the terms of use, privacy policy and all other applicable terms and conditions for each such social media website and platform in effect at the time (the “Third Party Social Media Terms”). Your use, or continued use, of the Social Media Sites constitutes your acceptance of such Third Party Social Media Terms.

If you do not agree with these Terms, the Agreement and the Third Party Social Media Terms, do not use or access (or continue to use or access) the Sites and the other Services provided by Racebuilds.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT ALL CLAIMS YOU HAVE AGAINST US BE SUBMITTED TO BINDING AND FINAL ARBITRATION. IN ADDITION YOU CAN ONLY PURSUE CLAIMS AGAINST RACEBUILDS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND ANY RELIEF YOU RECEIVE FROM SUCH CLAIMS (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) WILL BE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO THESE TERMS AND IS DEEMED A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND RACEBUILDS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICES.

The Terms include, and incorporate by reference, the following policies: the Racebuilds Privacy Policy and the Fee Policy.

Access and Use of the Service

Services Description: Racebuilds provides a technology platform for an online social marketplace for automotive goods and services (the “Products”) in which consumers and businesses can list and sell their Products, and buyers can browse and purchase such Products. Users who purchase Products through the Racebuilds Website are “Buyers,” (individually, a “Buyer”) and users who list and sell Products through the Racebuilds Website are “Sellers,” (individually a “Seller”). On some transactions, Racebuilds may act as a Seller to Buyers (a “Racebuilds Sale”). For purposes of the Agreement, the term “Seller” or “Sellers” shall include Racebuilds acting as a Seller to any Buyer. Any user may be both a Buyer and Seller. Except for Racebuilds Sales, all purchases are made directly between Buyer and Seller, and the contract for such purchase and sale will be between the Buyer and Seller.

The Agreement applies to all services provided by Racebuilds, including but not limited to the Sites and the listing of Products for sale and/or the purchase of Products on the Racebuilds Website (collectively, the “Services”). Our Services includes pricing and listing assistance and shipping. Other than as expressly described in these Terms, we may, but are not obligated to, help facilitate the resolution of disputes between Buyers and Sellers.

Racebuilds does not have, and disclaims any and all, control over, and does not guarantee, (a) the existence, quality, safety, authenticity, or legality of any Product advertised on the Racebuilds Website, including Products sold by Racebuilds as Seller; (b) the truth or accuracy of any Seller content or listings; (c) the ability of any Seller to sell any Product through the Racebuilds Website at any price and during any time period, (d) the ability of Seller to ship any Product within required shipping windows; (e) the ability of any Buyer to pay for, or the payment by Buyer of, any Product purchased through the Racebuilds Website; (f) that a Buyer or Seller will actually complete a transaction, experience a trouble-free delivery and shipping; or (g) that a Buyer may be able to return any Product purchased through the Racebuilds Website.

Minors: Our Services are not available to minors (people under the age of majority in their state or province of residence). If you are a minor, please do not use the Sites or any of the other Services.

User Registration: You may choose to register directly using the Racebuilds Website or through third party services (e.g. Facebook Connect). For information regarding the storage, use and disclosure of your information collected by Racebuilds, please see our Privacy Policy at http://www.racebuilds.com/privacy. Whether you choose to register directly or through a third party service, you agree to provide and maintain true, accurate, current and complete information about yourself. You are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services. Racebuilds reserves the right to refuse access to, or use of, any of the Services to anyone, and may terminate any account, at any time, for any reason, in its sole discretion.

Third Party Registration/Services: You may also choose to enhance your online experience with the Racebuilds Website by enabling direct integration of various third party services. In such cases and/or if you choose to register using third party services, you may be asked to register for or log into such services on the websites of their respective providers. By enabling third party services, you agree that we will provide your log-in information to these service providers. The storage, use and disclosure of your information collected by third party services are governed solely by the privacy policies of such third parties, and Racebuilds shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Racebuilds Website.

In addition, Racebuilds is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Racebuilds is not liable for any damage or loss arising from, or caused or alleged to be caused by, or in connection with the use of or reliance on, any such third party service. Racebuilds enables these features merely as a convenience to its users, and the inclusion of such features does not imply an endorsement or recommendation of any third party site or service.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities occurring under your password or account. You agree to (i) immediately notify Racebuilds of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Services. Racebuilds will not be liable for any loss or damage arising from your failure to comply with the foregoing.

Modifications to Services: Racebuilds reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Racebuilds shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of the Services.

General Practices Regarding Use and Storage: You acknowledge that Racebuilds may establish general practices and limits concerning your use of the Services. You agree that Racebuilds has no responsibility or liability for the deletion or failure to store any data or other content you may have uploaded, posted or are maintaining in any of the Sites. You acknowledge that Racebuilds reserves the right to terminate your account if, amongst other reasons, it becomes inactive for an extended period of time. You further acknowledge that Racebuilds reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you or any other person.

Mobile Services: When you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Services must be in accordance with the usage rules established by your mobile device platform or service provider.

Friend Referral Program: We may from time to time offer credits to existing users who refer new users to Racebuilds. We may also make certain credits available to such new users. The amount and requirements to earn such credits will be determined, and may change, from time to time in our sole discretion and we may terminate one or more of such programs at any time, in each case with or without notice to you. Furthermore, we reserve the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit, the new user must be someone who has never registered for the Services and must be using a device (not the web) not associated, at any time, with an existing Racebuilds account. You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Racebuilds; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be suspended and not be available for use if your account is suspended (see “Termination” below), for the duration of such suspension; and (6) may be voided or deducted by Racebuilds at any time for any reason without liability to Racebuilds, if Racebuilds believes, in its sole discretion, that such credits resulted from fraud or other misuse of the Friends Referral Program or any of the other Services.

Conditions of Use

User Conduct: All users are required to access and use the Sites for lawful purposes only. You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display or otherwise transmit (hereinafter, "post") using any of the Sites, and for all Products that you sell or purchase using the Racebuilds Website.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE RACEBUILDS SITES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE BY A PERSON, RACEBUILDS RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM SUCH PERSON TO THE EXTENT PERMITTED BY LAW.

Below are examples of the kind of items, content and/or use that is illegal or prohibited by Racebuilds. You agree that this is a representative list and not an exhaustive one. We reserve the right to investigate and take appropriate legal action, including without limitation, removing the offending items or content from the Racebuilds Website, suspending or terminating your account and/or reporting you to the law enforcement authorities, if you, in our sole discretion, violate this provision.

You agree to not use the Service to:

  1. sell or post any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or post under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying any of the Services, or which may expose Racebuilds or its users to any harm or liability of any type;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. solicit personal information from anyone under the age of 18;
  4. harvest or collect email addresses or other contact information of users of any of the Service or the Sites by electronic or other means for any purpose, including but not limited for the purposes of sending unsolicited emails or other unsolicited communications;
  5. advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Services;
  6. take any transaction or communications off-site;
  7. interfere with or disrupt any of the Services or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; or
  8. violate or engage in any activities that violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection anti-spam, data protection, or privacy legislation in any jurisdiction;
  9. incite, further, encourage or promote, solicit or attempt to solicit, any criminal activity or enterprise or provide instructional information about illegal activities; or
  10. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Sites.

Purchase and Sale Transactions

Fees; Transactions: Registering for the Services is free; however, Racebuilds charges Sellers certain fees for various transactions effected using the Services. Our Fee Policy is available in the Help Center and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Services (including to lower fees for promotional events), and such changes are effective when we post information about the fee change in the Racebuilds Website. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.

Taxes; Shipping Costs; Buyer Responsibility: Products purchased by and shipped to Buyers in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes ("State Tax"). Products purchased by and shipped to Buyers in locations outside the U.S. may also be subject to applicable taxes, including value added taxes (collectively with State Tax, "Taxes"). The amount of Taxes is based on a number of factors, including but not limited to the type of Products purchased, the Buyer's designated delivery address, and/or the location of the Seller.

Buyers are responsible for paying to the Seller the applicable purchase price for a purchased Product as well as any shipping costs and applicable Taxes and/or duties associated with the purchase and sale of such Products. Qualifying Racebuilds promotions or credits may be used by Buyers against the purchase price of Products which may reduce the amount of Taxes applicable to a Buyer's order. The application of the promotion or credit, if any, will be reflected at the time of checkout. The listed purchase price for any Products does not include Taxes or shipping costs but will be displayed to Buyers before confirmation of any purchase.

Estimated Taxes: Until an order is finalized, any Taxes displayed in an offer made by a Buyer for a Product or a counteroffer by a Seller for such Product is an estimate of applicable Taxes based on several factors, including the offer price, the Buyer’s designated delivery address and the rate of Taxes in effect at that time. The amount of Taxes may change and may be updated when the order is finalized and completed.

Marketplace Collection; Taxes; Commissions; Seller Responsibility: Racebuilds will collect Taxes from Buyers on behalf of Sellers where we are legally obligated to do so including those states, countries and provinces that have enacted legislation requiring marketplaces, like Racebuilds, to collect Taxes on behalf of Sellers or in lieu of collection by Sellers. In these states, countries and provinces the amount of Taxes collected will be submitted by Racebuilds to the appropriate taxing authority. In locations where Racebuilds does not collect Taxes on behalf of Sellers, Sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with relevant state or local laws.

Sellers are responsible for paying Racebuilds' commission as well as all taxes imposed on, or measured by, Seller's net income, profits, and/or revenues associated with the sale of any Products sold using any of the Services.

Payments: Buyers may pay for Products using credit cards or other payment methods. If you submit your payment information using any of the Services, then you authorize Racebuilds to store that payment information and charge your payment method for any Product you purchase. You are responsible for maintaining the validity and updating the expiration date, if any, of any credit card or other payment method you provided to Racebuilds. Racebuilds is not responsible for any loss or damage arising from, or in connection, with the denial, invalidity or failure to process of any payment method provided by a Buyer.

Marketplace Risk: Racebuilds is not affiliated with or endorsed by any manufacturer, distributor, wholesaler or retailer of the Products listed in the Racebuilds Website. Racebuilds is a marketplace and technology platform and is not, other than with respect to Racebuilds Sales, involved in any transaction between Buyers and Sellers, does not obtain title to any posted or purchased Products and does not act as Buyer, Seller (or affiliate for a Buyer or Seller) or broker with respect to any such transactions. You, not Racebuilds, assume all risks when dealing with other users, including those who may be acting under false and fraudulent pretenses. We encourage you to use the various functionalities of the Racebuilds Website (e.g., our direct messaging platform) to help evaluate the user with whom you are dealing.

Racebuilds does not control the behavior of users of the Services or the information or User Content (defined below) provided by other users. As a result, Racebuilds does not guarantee or endorse the authenticity, quality, safety, or legality of any Products offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Products or of Buyers to buy Products. We do not guarantee that all transactions will be completed. Additionally, Racebuilds does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Racebuilds may, but is not obligated to, delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Racebuilds and its users from illegal or wrongful activities or other violations of these Terms.

YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE PRODUCT(S) OFFERED FOR EVERY TRANSACTION USING THE SERVICES. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN SOLE RISK.

Prohibited Items: Racebuilds prohibits the listing or sale of any Products that are illegal to sell under any applicable law, statute, ordinance, or regulation.

Sellers: You must have the right to sell the Products that you are listing for sale using the Services. You must describe your Products (including the original price) and all terms of sale in your listing truthfully, accurately and completely.

Buyers: You are responsible for reading the full Products listing before making an offer. When you make an offer and your offer is accepted by the Seller, you have a binding and enforceable contract with the Seller. You must pay the purchase price, shipping costs and Taxes, if any, for the Product using the Racebuilds Website.

Seller Account Balances: Amounts credited to a Seller's account, excluding credits derived from the Friend Referral Program or from Gift Cards or other promotional credits, may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH, Paypal, etc.) or used by Seller to purchase Products listed by other Sellers. Racebuilds may impose daily limits on total amounts redeemed by a Seller through a permitted third party payment provider. Amounts reflected in Seller Account Balances that have not been redeemed by a Seller within one year of the last active date will be converted to an electronic gift card.

Returns: No returns will be accepted, and no refunds made, for any orders approved by a Buyer on or after delivery, or 72 hours after delivery to the specified delivery address, whichever comes first. Sellers and Racebuilds may, but are not obligated to, accept the return of any Products that are not as advertised. If the item you receive is not as described, then you must promptly, but in no event not later than 72 hours after delivery, report the issue to Seller and Racebuilds using the Services. Delivery times are not guaranteed, either by Seller or Racebuilds. Requests for returns and refunds must be made in strict accordance with instructions received from Racebuilds. No refunds will be provided for any return not made in strict accordance with such instructions.

Pricing Guidance

All pricing guidance displayed on the Services (including guidance displayed to Sellers while listing Products) is designed for Racebuilds users and is based on information from recent transactions on Racebuilds Website or relevant external market data. Racebuilds does not warrant its accuracy nor guarantee that Products will sell within any stated parameters.

Racebuilds Gift Cards

  • Racebuilds Gift Cards are only available in USD and only apply to purchases made in USD.
  • Racebuilds Gift Cards do not expire.
  • There are no fees associated with racebuilds.com Gift Cards.
  • Gift Cards are non-refundable, and cannot be redeemed for cash, except to the extent required by law.
  • The consideration paid for the gift card, including any unredeemed balances, is the property of Racebuilds.
  • Gift Cards may only be redeemed using your registered account with Racebuilds.
  • Once a Gift Card is redeemed, the associated credit will be automatically used with the next applicable purchase, is non-transferrable and may not be used by another Racebuilds user.
  • If you do not use the entire Gift Card, the remaining balance will stay in your account as Racebuilds Credit.
  • For purchases exceeding the amount of credit associated with a Gift Card, the balance must be paid via the Buyer’s registered payment method.
  • Racebuilds Gift Cards may only be used through the Racebuilds Payments system on the Racebuilds Website.
  • Gift Card credit cannot be used to offset or pay Racebuilds selling fees.
  • Racebuilds is not responsible for any misplaced or lost Gift Cards. Protect your Gift Card as if it were cash. We may deny requests to replace a Gift Card if we suspect fraudulent or unlawful activity or improper Gift Card use.

Racebuilds Blog

Racebuilds may provide a blog, forum and question and answer section (collectively, the “Blog”) for registered users of the Racebuilds Website. The Blog is designed to permit you to share your ideas and opinions. Information on the Blog is provided by our staff and other contributors, some of whom use anonymous screen names and are people who may not be otherwise connected with Racebuilds. You acknowledge that a large volume of information is available on the Sites, including on the Blog, and that people participating on the Sites, including on the Blog, may post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. Racebuilds neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other statement made or displayed on the Sites, including on the Blog, by third parties. The opinions expressed on the Sites, including on the Blog, reflect solely the opinions of the users of the Blog and may not reflect the opinions of Racebuilds. Racebuilds is not responsible for any errors or omissions in postings on the Sites, including on the Blog, for hyperlinks embedded in posts or messages, or for any results obtained from the use of such information. Under no circumstances will Racebuilds be liable for any loss or damage caused by your reliance on information obtained through any of the Sites, including on the Blog.

You acknowledge that due to the immediate nature of the Internet and postings on the Racebuilds Website, Racebuilds may not censor, approve, edit, or endorse information placed on the Sites, including on the Blog, by its users. Racebuilds cannot (and does not) guarantee that inappropriate material will not be posted on the Sites, including on the Blog.

You understand that by accessing and using the Sites, including the Blog, you may be exposed to content that may offend you. Your sole and exclusive remedy is to avoid such content by discontinuing your access and use.

Opinions, comments and other statements expressed by users of the Sites, including on the Blog, are theirs alone, and are not opinions of Racebuilds. Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by Racebuilds.

Racebuilds does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Blog or any other part of the Sites, except that Racebuilds (i) may consolidate and edit for clarity any content posted to the Sites, including on the Blog, and (ii) reserves the right to monitor the Sites, including the Blog and to remove any information that Racebuilds (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Racebuilds to monitor, screen, or edit content on the Sites, including on the Blog, in any way.

Electronic Delivery Consent of Internal Revenue Service (“IRS”) Information Tax Returns

Racebuilds uses IRS Form W-9, Request for Taxpayer Identification Number (“TIN”) and Certification, to obtain tax identification information from any person or entity receiving reportable payments stemming from marketplace transactions. When required, we provide this information to the IRS and applicable state taxing authorities by filing a Form 1099-K information return. For details, please see our W9/1099K FAQ.

By using this Service, you acknowledge and consent to the following terms:

  1. You have a computer with Internet access.For the best experience, we encourage you to use current versions of Google Chrome or Mozilla Firefox. If you prefer to use Internet Explorer, please upgrade to IE9 or higher. You also need to have hardware that supports this software. We can’t provide technical support if you’re using an outdated browser.
  2. You will be able to view Hyper Text Markup Language (HTML) files and read Adobe PDF files. To download and print a PDF file, install Adobe Acrobat Reader. We will notify you within 3 to 5 business days if any changes are made to the method of electronic delivery.
  3. You agree to electronically receive the IRS Form 1099-K information tax return.Your IRS information tax returns remain available electronically for one year following the date it is originally made available to you electronically. You may obtain a paper copy of the electronic information by printing it from your computer.If your account is suspended, terminated or cancelled, your consent is nullified and a copy of your IRS information tax return will be mailed to the address provided on your Form W-9.
  4. You will receive email and online communications and disclosures regarding your account instead of physical mail. Communications will not be provided in paper form unless you have contacted support and elected not to receive electronic communications.
  5. You permit Racebuilds to obtain your electronic signature if you choose to sign certain communications. If you do sign electronically, your electronic signature will bind you to the terms and conditions to the same extent as if you signed the communications on paper with an ink signature.
  6. You will update your Racebuilds account for any changes to your email address. We will not resend any communications if we receive an electronic notice that the email is undeliverable due to an incorrect email address.
  7. Your request for IRS information tax returns in paper form will not nullify this consent for future electronic deliveries of IRS information tax returns and other Racebuilds online communications unless you expressly withdraw your consent. For specific instructions on how to withdraw your consent for electronic delivery, see section 8 below. You may request an IRS information tax return in paper form by contacting us at help.racebuilds.com. If a paper copy is mailed to you, this will likely delay receipt of your Form 1099.
  8. Your consent to receive electronic IRS information tax returns is effective immediately until you choose to withdraw it. You may withdraw your consent electronically by contacting us at help.racebuilds.com. Your withdrawal of consent will take effect 5 to 10 days after we receive it. It does not apply to communications that were provided electronically before the date the withdrawal took effect. We will confirm the withdrawal of consent and the date it takes effect by notifying you electronically, and will provide subsequent IRS information tax return via US Postal Service. We are not responsible for the delivery, or timeliness of such delivery, by the US Postal Service.

Intellectual Property Rights

Site Content. The Sites, including their operating source code, are owned and operated by Racebuilds. All of the information and content that is featured, displayed or contained on any of Racebuilds’s Sites, such as posts and narratives, software codes, and all other information in any and every format now existing or may be created in the future, including without limitation, text, graphic designs, still images, videos, audio and multimedia (collectively, the “Site Content”) is owned or licensed by Racebuilds. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Site Content. Any rights not expressly granted herein are reserved by Racebuilds.

Software and Trademarks: You acknowledge and agree that the Services may contain images and descriptions of automotive goods and other content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (collectively, the “Protected Content”). Except as expressly authorized by Racebuilds, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Protected Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Sites.

The Racebuilds name and logos are trademarks and service marks of Racebuilds (collectively the "Racebuilds Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Racebuilds. Nothing in the Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Racebuilds Trademarks, without our prior written permission. All goodwill generated from the use of Racebuilds Trademarks will inure to our exclusive benefit.

Services. The technology underlying the Services is the property of Racebuilds, our affiliates and our partners. In connection with your use of the Services you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services, Site Content or any Protected Content other than as specifically authorized herein is strictly prohibited.

Electronic Communications: When you use the Services or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.

Third Party Material: Under no circumstances will Racebuilds be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Services. You acknowledge that Racebuilds does not pre-screen items or content, but that Racebuilds and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Services. Without limiting the foregoing, Racebuilds and its designees shall have the right to remove any item or content that violates the Agreement or is deemed by Racebuilds, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the Site: You are solely responsible for the content you post or transmit using the Services (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to Racebuilds and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Services or any other products or services of Racebuilds, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Sites, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the other Services ("Submissions"), provided by you to Racebuilds are non-confidential and Racebuilds is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Racebuilds may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce the Agreement; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Racebuilds, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Infringement Policy: Racebuilds respects the intellectual property of others, and we ask our users to do the same. Racebuilds will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DCMA), the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.

Please send the information for any ‘takedown’ request by submitting a support request at help.racebuilds.com. For more information on requesting for a takedown under the DMCA and the form to use for such request, please visit https://www.copyright.gov/512/.

You may also contact us by mail at:

Racebuilds Inc.

PO Box 1595

Ridgewood, New Jersey 07451

Third Party Websites

We may provide, or third parties may provide, links or other access to other sites and resources (collectively, the “Third Party Websites”). Racebuilds has no control over Third Party Website and is not responsible for and does not endorse such Third Party Website. You further acknowledge and agree that Racebuilds shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any Third Party Websites. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Racebuilds is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

YOU AGREE TO INDEMNIFY AND HOLD RACEBUILDS AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE AGREEMENT, INCLUDING BUT NOT LIMITED TO THESE TERMS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RACEBUILDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE ITEMS SOLD BY ANY SELLERS.

RACEBUILDS MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR FROM RACEBUILDS WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RACEBUILDS AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES WHATSOVER FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RACEBUILDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM OR IN CONNECTION WITH: (I) THE USE OR THE INABILITY TO USE ANYT OF THE SERVICSE OR THE USE OF PRODUCTS PURCHASED FROM SELLERS AND FROM RACEBUILDS (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF ANY OF THE SERVICES AND/OR OF PRODUCTS PURCHASED FROM SELLERS AND FROM RACEBUILDS); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ANY OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ANY OF THE SITES; OR (V) ANY OTHER MATTER RELATING TO ANY OF THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF RACEBUILDS TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO RACEBUILDS AS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (USD $100).

OCCASIONALLY, RACEBUILDS MAY PURCHASE PRODUCTS FROM OTHERS AND RACEBUILDS MAY RESELL SUCH PRODUCTS ON THE RACEBUILDS WEBSITE. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ABOVE WAIVER OF LIABILITY APPLIES TO SUCH SALES AS WELL AS TO SALES BETWEEN INDIVIDUAL RACEBUILDS USERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RACEBUILDS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES FOR SUCH SALES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ANY AND ALL CLAIMS BASED ON BREACH OF WARRANTY FOR SUCH SALES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. THIS “LIMITATION OF LIABILITY” PROVISION SHALL BE CONSTRUED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO LIMIT RACEBUILDS’ LIABILITY FOR SALES OF ITEMS ON THE SERVICE AS WELL AS RACEBUILDS SALES TO THE GREATEST DEGREE POSSIBLE.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in the Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Racebuilds, whether arising out of or relating to these Terms of Service and the Agreement (including any alleged breach thereof), the Services, Products purchased from Racebuilds or Sellers, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and Racebuilds are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT BE CONSTRUED TO PROHIBIT PUBLIC INJUNCTIVE RELIEF IN THE STATE OF CALIFORNIA.

c. Pre-Arbitration Dispute Resolution

Racebuilds is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by submitting a support request at help.racebuilds.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, a Notice of Dispute ("Notice"). The Notice to Racebuilds should be sent by email to legal@racebuilds.com ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Racebuilds and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Racebuilds may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Racebuilds or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Racebuilds is entitled. If you fail to participate in the pre-dispute resolution procedure outlined in this section prior to filing an arbitration demand, the arbitrator shall administratively dismiss the demand and Racebuilds shall not be responsible for any fees associated with that arbitration. Notwithstanding this general arbitration agreement, a party may file a court action to enjoin an improperly filed arbitration.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Racebuilds and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules.

e. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You will be responsible for our attorneys' fees and costs in arbitration if the arbitrator determines any portion of your claims is frivolous.

We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Agreement will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in the Agreement to the contrary, Racebuilds agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Racebuilds written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).

Termination

You agree that Racebuilds, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content posted in any of the Sites, for any reason, including, without limitation, for lack of use or if Racebuilds believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. We may, but are not obligated to, refer to appropriate law enforcement authorities any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service. Racebuilds may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, or making Racebuilds Sales, with or without notice. You agree that any termination of your access to the Services under any provision of the Agreement may be effected without notice, and acknowledge and agree that Racebuilds may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Racebuilds shall not be liable to you or any third-party for any termination of your access to the Services.

User Disputes

You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Services and Racebuilds will have no liability or responsibility with respect thereto. Racebuilds reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

General

The Agreement constitutes the entire agreement between you and Racebuilds and governs your use of the Services, superseding any prior agreements between you and Racebuilds. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims, you and Racebuilds agree to submit any and all such disputes to binding arbitration as outlined in the “Dispute Resolution by Binding Arbitration” section, above. In the event that any such dispute is deemed not arbitrable by any adjudicatory body with authority to make such a finding, you and Racebuilds agree to submit to the personal jurisdiction of the state and federal courts located within Delaware to resolve the dispute. The failure of Racebuilds to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This electronic document and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings or arbitration proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail except as otherwise provided. Racebuilds may also provide notices to you of changes to the Agreement or other matters by displaying notices or links to notices generally on the Service, except as otherwise provided.

Your Privacy

At Racebuilds, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, and/or purchasing Products from Sellers, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Proposition 65 - California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. On August 30, 2018, Prop 65 will change by encouraging the Notice Parties to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

We encourage all Racebuilds users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You must include warnings in your Products descriptions on Racebuilds, where required. You agree to indemnify and hold Racebuilds harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.

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