Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. AMRC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from AMRC on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
II. MEMBERSHIPS & ORDERS
Please note that there may be certain memberships and/or orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any membership or order for any reason, at any time. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any membership and/or order. We will contact you if all or any portion of your membership or order is canceled or if additional information is required. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. While AMRC strives to provide accurate product and pricing information, pricing or typographical errors may occur. AMRC cannot confirm that the information and/or pricing as typographical errors may occur. AMRC cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, AMRC shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, AMRC may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
III. WARRANTY DISCLAIMER
THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. AMRC DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL INACCURACIES. AMRC PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS, OR THAT THE SITE=S SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE ANDYMCCOYRACECARS.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IV. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL AMRC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AMRC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL AMRC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE WHICH THE CLAIM AROSE.
V. THIRD PARTY LINKS
The links from the AMRC website to the World Wide Web provide access to information from a variety of sources. The presence of these links is not an endorsement of any product or information available from other sources. AMRC disclaims any and all responsibility for the information which is accessible through this web site, and assumes no liability associated therewith. We make no warranty, guarantee, or representation, express or implied, with respect to the accuracy, effectiveness, or usefulness of any information, methods, or materials that are available, or described herein. AMRC does not assume any liability for the use of any information, methods, or materials found herein or for damages arising from such use, nor assume any responsibility for any injury to individuals or property, or for any financial loss, sustained as a result of the use or application of the information, methods, or materials that are available, or described, in our links to other sites. AMRC has no control over the resources that can be accessed from our website.
VI. USER INPUT
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on this Site, shall be deemed to be non-confidential and AMRC shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.
Registered users may post reviews, comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of user initiated submission as set forth in Section 1 above. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or submit material, and unless we indicate otherwise, you grant AMRC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AMRC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and defend AMRC for all claims resulting from content you supply; the duty to defend is distinct from the indemnity obligation. AMRC has the right, but not the obligation, to monitor and edit or remove any activity or content. AMRC takes no responsibility and assumes no liability for any content posted by you or any third party.
VII. TRADEMARKS AND COPYRIGHTS
All trademarks relating to the Site, including but not limited to “Andy MCCoy Race Cars” or “andymccoyracecars.com” is the sole property of AMRC. In addition, other names, logos, characters and images on the Site are the trademarks of AMRC, or their respective owners. You agree not to use any trademark located on the Site for any purpose without the prior written consent of AMRC or the appropriate trademark owner. All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of AMRC.
You agree to defend, indemnify, and hold harmless AMRC and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You acknowledge that the duty to defend is distinct from the indemnity obligation.
X. JURISDICTIONAL ISSUES
This agreement shall be governed by, construed and enforced according to the laws of the state of Missouri. You expressly consent to the venue and jurisdiction of state courts located within Franklin County, Missouri.
XI. SEVERABILITY, INTEGRATION AND AMENDMENT
If any provision of the Terms and Conditions shall be held to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and AMRC, its affiliates or related entities. The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein. These Terms and Conditions may not be amended, waived, modified, or terminated by any subsequent action unless set forth in a revised Terms and Conditions posted on this Site by AMRC.
Andy McCoy Drag Racing Parts & Composites Affiliate Program Terms of Service
By signing up to be an Affiliate in the Andy McCoy Drag Racing Parts & Composites Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Andy McCoy Drag Racing Parts & Composites reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Andy McCoy Drag Racing Parts & Composites cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Andy McCoy Drag Racing Parts & Composites product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Andy McCoy Drag Racing Parts & Composites. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Andy McCoy Drag Racing Parts & Composites. You must ensure that each of the links between your site and the Andy McCoy Drag Racing Parts & Composites properly utilizes such special link formats. Links to the Andy McCoy Drag Racing Parts & Composites placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Andy McCoy Drag Racing Parts & Composites product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.andymccoyracecars.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Identifying yourself as a Andy McCoy Drag Racing Parts & Composites Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Andy McCoy Drag Racing Parts & Composites or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.andymccoyracecars.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Andy McCoy Drag Racing Parts & Composites reserves the right to end the Program at any time. Upon program termination, Andy McCoy Drag Racing Parts & Composites will pay any outstanding earnings accrued above $20.
Andy McCoy Drag Racing Parts & Composites, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Andy McCoy Drag Racing Parts & Composites service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Andy McCoy Drag Racing Parts & Composites reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Andy McCoy Drag Racing Parts & Composites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Andy McCoy Drag Racing Parts & Composites to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Andy McCoy Drag Racing Parts & Composites and govern your use of the Service, superceding any prior agreements between you and Andy McCoy Drag Racing Parts & Composites (including, but not limited to, any prior versions of the Terms of Service).