When you visit factorykarts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. 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.
Children Under the Age of 18
Factory Karts does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at factorykarts.com only with involvement of a parent or guardian. Factory Karts and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to the Site should be sent to firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice because there may be penalties for false claims.
All intellectual property on the Site (except for user generated content) is owned by Factory Karts or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Factory Karts name and logo) are owned, registered and/or licensed by Factory Karts. All content on the Site (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Factory Karts; All rights reserved.
Third Party Links
Factory Karts may link to third-party sites. Factory Karts has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.
Risk of Loss
All items purchased from Factory Karts are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Factory Karts attempts to be as accurate as possible. However, Factory Karts does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Factory Karts itself is not as described, your sole remedy is to return it in a new, unused condition.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY FACTORY KARTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. FACTORY KARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FACTORY KARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FACTORY KARTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FACTORY KARTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACTORY KARTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Site Policies, Modification and Severability
Idea Submission Policy
We at Factory Karts of America are pleased to hear from our loyal fans and welcome their comments regarding our products and services. Unfortunately, however, our company policy does not allow Factory Karts, or any of its subsidiary companies, to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value their feedback on our services and products, we request that they be specific in their comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, through participation in certain activities, they send any
material (e.g., postings to message boards, contests, etc.) or, despite our
policy, they send us unsolicited creative suggestions, ideas, notes, drawings,
concepts, or other information (collectively, the "Submissions"), the
Submissions shall be deemed, and shall remain, our property. None of the
Submissions shall be subject to any obligation of confidentiality on our part
and we shall not be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, we shall exclusively own all now-known or
hereafter existing rights to the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Submissions or any other person or entity.