Terms of service

Overview

This website is operated by Daniel Dye Racing. Throughout the site, the terms “we”, “us” and “our” refer to Daniel Dye Racing. We offer this website—including all information, tools, and services available from this site to you, the user—conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not access the website or use any services.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose.
You may not violate any laws in your jurisdiction (including but not limited to copyright laws) while using our Service.
You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during network transfers. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. It is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Products or Services

Certain products or services may be available exclusively online through the website. Because our products are custom-printed on demand, they are subject to return or exchange only according to our Print-On-Demand Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your device's monitor will display colors accurately.
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
We reserve the right to limit the quantities of any products or services we offer.
All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, or materials purchased by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event we make a change to or cancel an order, we will attempt to notify you via the email and/or billing address provided at the time of purchase. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without warranties of any kind. We shall have no liability arising from your use of optional third-party tools. Any use of these tools is entirely at your own risk.

Section 8 - Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for evaluating their content or accuracy, and we will not have any liability for third-party materials, websites, products, or services.

Please carefully review the policies and practices of third parties before engaging in any transaction. Complaints or claims regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback, and Other Submissions

If you send us specific submissions (e.g., contest entries) or unsolicited creative ideas, suggestions, or proposals (collectively, 'comments'), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, and otherwise use those comments. We are under no obligation to maintain comments in confidence, pay compensation for them, or respond to them.

We may monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms. You agree that your comments will not violate any third-party rights or contain malicious code. You are solely responsible for your comments and their accuracy.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 12 - Prohibited Uses

In addition to other prohibitions, you are prohibited from using the site or its content:

For any unlawful purpose or to solicit others to perform unlawful acts.
To violate any international, federal, state, or local regulations, rules, or laws.
To infringe upon our intellectual property rights or the rights of others.
To harass, abuse, insult, harm, defame, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
To submit false or misleading information.
To upload or transmit viruses or malicious code.
To collect or track the personal information of others.
To spam, phish, pharm, pretext, spider, crawl, or scrape.
For any obscene or immoral purpose.
To interfere with or circumvent the security features of the Service or related websites.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you are provided 'as is' and 'as available' without any representation, warranties, or conditions of any kind, express or implied.

In no case shall Daniel Dye Racing, our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of any of the service or products procured using the service. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend, and hold harmless Daniel Dye Racing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 these Terms of Service or your violation of any law or the rights of a third party.

Section 15 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If we suspect you have failed to comply with any term of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to the date of termination.

Section 17 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right. These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements, communications, and proposals (including prior versions of the Terms of Service). Any ambiguities in interpretation shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable laws of the United States.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.