TERMS OF USE
Your use of this website and any software applications, social media pages, e-mail messages, or other digital services (including both mobile and online applications for each, collectively, “Digital Services”) operated by Joe Gibbs Racing and its affiliates (collectively, “JGR”) is subject to these Terms of Use and our Privacy Policy. By using the Digital Services, you agree that you have read, understand and accept these Terms of Use and our Privacy Policy. Do not use the Digital Services if you do not accept these Terms of Use or our Privacy Policy.
Please note that we reserve the right, at our discretion, to modify these Terms of Use and our Privacy Policy at any time without notice, so you should check these Terms of Use and our Privacy Policy periodically for modifications. Your continued use of the Digital Services following the posting of such modifications will mean that you accept these Terms of Use and our Privacy Policy, as modified.
Ownership and Proprietary Rights
The Digital Services, including the information contained on the Digital Services (collectively, “Content”), is protected by copyright, trademark, trade secret and/or other proprietary or intellectual property rights and laws under U.S. and International law. JGR and/or third-party information providers own all Content, and you do not acquire any ownership rights by accessing Content. JGR does not grant you any express or implied right under any patents, trademarks, copyrights or trade secret information or license of any kind to use Content for any purpose (including, but not limited to, commercial purposes) other than the limited right to access the Content as described in these Terms of Use. JGR reserves all rights not expressly granted to you in these Terms of Use.
If you are a personal user, you may access Content for your personal, non-commercial home use only. If you are a commercial user, you may access Content for your company’s internal use only. In either case: (1) you must retain all copyright and other proprietary notices on all copies of the Content, (2) you may not modify, copy, create derivative works from, reverse engineer, publicly display, distribute, edit, license, reproduce, rent, sell, transmit, or otherwise use any Content, and (3) you may not use any meta tags or any other “hidden text” utilizing JGR’s name or trademarks. The use of any Content on any other website or networked computer environment (including for purposes of establishing a link to the Digital Services) is prohibited. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy Content is strictly prohibited.
Joe Gibbs Racing Store
Site Transactions
The prices displayed on the Joe Gibbs Racing Store site are quoted in U.S. dollars and are subject to change at any time. As a convenience to you, prices may also be quoted in other currencies. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The creation or transmission of an order confirmation by JGR does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. If you are unsatisfied with a product, you may return it in accordance with our return policy.
Product Information
All products purchased on or through the Joe Gibbs Racing Store site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. JGR hereby disclaims all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this site or the accuracy of any product description. Without limiting the generality of the foregoing, JGR hereby expressly disclaims all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Product Disclaimer
All products and postings on the Joe Gibbs Racing Store site are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the site will be available for use or that all products, features, functions or operations will be available or perform as described. You understand and agree that neither JGR or any of its affiliates, partners, clients, or their respective successors and assigns, or any of their respective officers, directors or service providers shall be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the site or from these Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
Third-Party Sites
As a convenience to you, we may provide links on the Digital Services to websites operated by other entities. These sites are beyond our control, and the sites may have practices or policies that are different from those described in these Terms of Use or our Privacy Policy. JGR make no representations or warranties regarding these other sites or any information appearing on such sites. In addition, links from the Digital Services do not imply that JGR sponsors or endorses these other sites or any of the products or services described there.
Disclaimer and Limitation of Liability
THE DIGITAL SERVICES AND CONTENT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. JGR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE DIGITAL SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT OR OTHER INFORMATION IS AT YOUR SOLE RISK. JGR ALSO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DIGITAL SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
JGR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSES WHATSOEVER. THE DIGITAL SERVICES AND CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL JGR OR ANY OF ITS ADVERTISERS OR SPONSORS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO USE, OR RELIANCE ON THE CONTENT, MATERIALS, AND FUNCTIONS OF THE DIGITAL SERVICES OR ANY LINKED WEBSITE, EVEN IF ANY OF THEM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use Restrictions
Each time you use a password or log-in credential, you will be deemed to be authorized to access and use the Digital Services in a manner consistent with these Terms of Use. You agree that you will not under any circumstances: post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; use the service for any unlawful purpose or for the promotion of illegal activities; attempt to, or harass, abuse or harm another person or group; use another user’s JGR account without permission; interfere or attempt to interfere with the proper functioning of the services; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the services or use any software, technology, or device to scrape, spider, or crawl the services or harvest or manipulate data; use the communication systems provided by or contacts made for any commercial solicitation purposes; publish or link to malicious content intended to damage or disrupt another user's browser or computer.
Violations of Terms of Use
In the event you violate or attempt to violate any part of these Terms of Use, JGR reserves the right to terminate your access to the Digital Services and Content immediately, at our sole discretion, with or without notice of any kind. JGR also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for all alleged or actual illegal activities involving the Digital Services or Content. You shall indemnify, defend, and hold harmless JGR from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees), relating to your use of the Digital Services or Content that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.
Minors
In compliance with the Children’s Online Privacy Protection Act, JGR does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If JGR determines that a user is under eighteen (18) years of age and has submitted information by way of the Digital Services without parental or legal guardian’s consent, JGR will promptly delete such information.
Legal Disputes and Choice of Law
These Terms of Use and our Privacy Policy are governed by and will be construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use or our Privacy Policy is determined to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use or our Privacy Policy and will not affect the validity and enforceability of any remaining provisions. Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises. By accessing or using the Digital Services you expressly agree and irrevocably submit to personal jurisdiction and exclusive venue in the state and federal courts located in Charlotte, North Carolina. These Terms of Use and our Privacy Policy represent the entire agreement governing your use of the Digital Services.
Miscellaneous
JGR operates the Digital Services from its offices within the United States of America. JGR makes no representation that materials on the Digital Services are appropriate or available for use in other locations. If you access the Digital Services from outside of the United States of America, you are responsible for compliance with all local laws. The Digital Services are intended for use only by citizens of the United States of America, eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing the Digital Services, you represent and affirm that you meet these requirements.
For purposes of these Terms of Use, “information” is defined broadly to include all electronic materials and content, including text, graphics, audio, software and other copyrightable items.
We request that you not send us any unsolicited confidential or proprietary information, including trade secrets, ideas, concepts or know-how. If despite our request you or someone acting on your behalf furnish us unsolicited information, you acknowledge that JGR will be under no obligation to treat such information confidentially and JGR will have an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, transmit and distribute such information.