Terms of Service

1. Acceptance of Terms

Welcome to Factory Performance Racing, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website located at factoryperformanceracing.com (the "Site") and any related services offered by the Company.

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Site. These Terms constitute a legally binding agreement between you and Factory Performance Racing, LLC regarding your use of the Site.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to the Site, and your continued use of the Site after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for any updates.

2. Description of Service

Factory Performance Racing, LLC operates an informational website and service inquiry platform. Our Site provides information about motorcycle, ATV, and UTV repair, maintenance, and tuning services. Through our Site, users may submit service inquiries and contact requests to learn more about our offerings.

The Site serves as a platform for:

• Providing information about our motorsport vehicle services
• Allowing potential customers to inquire about services
• Sharing educational content related to vehicle maintenance and performance
• Facilitating communication between our Company and interested individuals

Our Site does not facilitate direct online transactions or service bookings. All service arrangements are made through direct communication with our Company representatives.

3. Eligibility

You must be at least eighteen (18) years of age to use our Site independently. By using our Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

If you are under 18 years of age, you may only use our Site under the supervision and with the consent of a parent or legal guardian. Your parent or guardian must review and agree to these Terms on your behalf. By permitting a minor to use our Site, the parent or guardian assumes all responsibility for the minor's use of the Site and agrees to be bound by these Terms on behalf of the minor.

You further represent and warrant that:

• You are not prohibited from using the Site under applicable law
• You have not been previously suspended or banned from using our Site
• You will provide accurate and truthful information when using our Site

4. User Responsibilities

When using our Site, you agree to:

• Provide Accurate Information: Submit only truthful and accurate information when completing forms, submitting inquiries, or communicating with our Company.
• Use the Site Lawfully: Use our Site only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Protect Your Information: Maintain the confidentiality of any account credentials or login information, if applicable.
• Respect Intellectual Property: Refrain from copying, reproducing, or distributing any content from our Site without proper authorization.
• Communicate Responsibly: Communicate with our Company and other users in a respectful and professional manner.
• Update Information: Promptly update any personal information you have provided to ensure its accuracy.

You are responsible for all activities that occur under your use of our Site. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Prohibited Uses

You may not use our Site:

• For any unlawful purpose or to facilitate illegal activities
• To transmit spam, unsolicited communications, advertisements, or promotional materials
• To distribute viruses, malware, or any other harmful code
• To harass, abuse, threaten, or harm any person or entity
• To impersonate any person or entity or misrepresent your affiliation with any person or entity
• To interfere with or disrupt the operation of our Site or servers
• To attempt to gain unauthorized access to any portion of our Site or any systems or networks connected to our Site
• To collect personal information about other users without their consent
• To engage in any activity that violates the privacy rights of others
• To transmit any material that is defamatory, obscene, offensive, or otherwise objectionable
• To interfere with or circumvent security features of our Site
• To engage in any automated data collection, scraping, or data mining activities

We reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by law. We may cooperate with law enforcement authorities in investigating suspected violations.

6. Intellectual Property

All content, features, and functionality of our Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Factory Performance Racing, LLC, our licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not:

• Reproduce, modify, distribute, or create derivative works based on our Site content without our prior written permission
• Use any illustrations, photographs, video or audio sequences, or any graphics without our prior written permission
• Remove or alter any copyright, trademark, or other proprietary rights notices contained in or on our Site
• Access or use our Site for the purpose of creating a product or service that competes with our services
• Use our Site in any manner that could damage, disable, overburden, or impair our servers or networks

Any unauthorized use of any material on our Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. Trademarks, service marks, and logos displayed on our Site are the registered and unregistered marks of Factory Performance Racing, LLC and others.

7. Disclaimer of Warranties

OUR SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH OUR SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FACTORY PERFORMANCE RACING, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• Our Site will be available at all times or without interruption
• The information provided on our Site is accurate, complete, or current
• Our Site is free of errors, viruses, or other harmful components
• The results of using our Site will meet your requirements
• Any defects in our Site will be corrected

We make no representations or warranties regarding the reliability or accuracy of any content on our Site. User testimonials and reviews reflect individual experiences and are not guarantees of future results.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACTORY PERFORMANCE RACING, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall our total liability to you for all claims exceed the amount you have paid to us, if any, for access to or use of our Site during the past twelve (12) months.

We are not responsible for any damages arising from:

• Any action or inaction of any third party
• Any content or conduct of any third party on or through our Site
• Any unauthorized access to or alteration of your transmissions or content
• Any third-party content or services linked to or accessible from our Site

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

9. Third-Party Services & Links

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Factory Performance Racing, LLC. We are not responsible for the content, privacy practices, or terms of use of any third-party websites or services.

Specifically, our Site utilizes the following third-party services:

• FormSubmit: Our contact forms are processed through FormSubmit (formsubmit.co), a third-party form handling service. By submitting a form on our Site, you acknowledge and agree that your information will be transmitted to and processed by FormSubmit in accordance with their privacy policy and terms of service. We encourage you to review FormSubmit's policies at formsubmit.co.
• Google Maps: Our Site may embed or link to Google Maps for location and direction purposes. Google Maps is operated by Google LLC and is subject to Google's terms of service and privacy policy. By using this feature, you agree to Google's terms and policies.

We encourage you to review the terms and privacy policies of any third-party websites or services you visit. We are not responsible for any loss or damage arising from your use of third-party services.

10. Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to our Site at any time and for any reason, including but not limited to:

• Violation of these Terms
• Conduct that we believe is harmful to other users, our business, or our reputation
• Requests by law enforcement or other government agencies
• Discontinuation or material modification of our Site or services
• Unexpected technical or security issues

We may also refuse service, discontinue service, or limit access to our Site for any reason, without notice and without liability. Upon termination, your right to use our Site will immediately cease.

Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms and any dispute arising out of or related to these Terms or your use of our Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Denton County, Texas, and you consent to the personal jurisdiction of such courts for the purpose of litigating any such action or proceeding.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be modified to the minimum extent necessary to make it enforceable and valid.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by a duly authorized representative of Factory Performance Racing, LLC.

12. Contact Information

If you have any questions, concerns, or comments regarding these Terms, please contact us:

13. Entire Agreement

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Factory Performance Racing, LLC regarding your use of our Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such use.

These Terms do not and are not intended to create any rights in any third party. No person who is not a party to these Terms shall have any right to enforce any provision of these Terms.