Terms & Conditions
Welcome to RaceCar Beds, LLC.
RaceCar Beds, LLC. and its affiliates (“RaceCar Beds, LLC. “, “we” or “us“) provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, “Sites“) subject to your compliance with these
We value your feedback
Customer feedback is very important to us. We are always looking for ways to serve you better. We want you to become a lifelong shopper with RaceCar Beds, LLC.
Please contact us with any questions you have. We guarantee your satisfaction and offer a 14 day return policy. Please see our returns policy page for specific information.
Changes to our terms and conditions
Privacy & Security
From time to time, the Sites permit the submission of content generated by you and others users (“User Content“). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, including but not limited to information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary. By submitting User Content, you represent and warrant to RaceCar Beds, LLC. that:
(1) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation,
(2) you own or have the legal right to use and authorize RaceCar Beds, LLC. to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and
(3) your User Content does not violate RaceCar Beds, LLC. Acceptable Use Policy set forth below.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to:
(1) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant RaceCar Beds, LLC. all of the rights granted herein;
(2) upload, post, or electronically transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable;
(3) use the Sites to harm any person or entity, including RaceCar Beds, LLC. ;
(4) impersonate any person or entity, including but not limited to, a representative of RaceCar Beds, LLC.;
(5) manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites;
(6) upload, post, or electronically transmit any unsolicited or unauthorized advertising, promotions, junk mail or any other form of solicitation;
(7) upload, post, or electronically transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment;
(8) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission;
(9) collect, store or use personal information about other users of the Sites without their consent;
(10) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services;
(11) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or
(12) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. RaceCar Beds, LLC. reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. RaceCar Beds, LLC. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. RaceCar Beds, LLC. reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission, including after an order that has been submitted. Once RaceCar Beds, LLC discovers an error we will correct those errors accordingly.
Links to Other Websites
Mobile Devices and Mobile Applications
Communications with RaceCar Beds, LLC.
For all communications made to or with RaceCar Beds, LLC. , including but not limited to feedback, questions, comments, suggestions and the like:
(1) you will have no right to confidentiality in your communications and RaceCar Beds, LLC. will have no obligation to protect your communications from disclosure;
(2) RaceCar Beds, LLC. will be free to reproduce, use, disclose and distribute your communications to others without limitation; and
(3) RaceCar Beds, LLC. will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
You, as User, agree to indemnify and hold RaceCar Beds, LLC. and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of
(1) your use of the Sites, including any User Content you submit, post to or transmit through the Sites;
(3) your violation of any rights of another user.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of the Sites and any information contained therein is at your own risk. Accordingly, to the extent permitted by applicable law, RACECAR BEDS, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you. RaceCar Beds, LLC. intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”.
LIMITATION OF LIABILITY
IN NO EVENT WILL RACECAR BEDS, LLC. OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF RACECAR BEDS, LLC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
Regardless of the previous paragraphs, if RaceCar Beds, LLC. is found to be liable, our liability to you or to any third party is limited to the greater of the following:
(1) the amount in dispute not to exceed the total amount which you paid to us in the preceding twelve (12) months to the action giving rise to the liability; or
YOU AND RACECAR BEDS, LLC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
RaceCar Beds, LLC. periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that RaceCar Beds, LLC. has no responsibility and is not liable for:
(1) the unavailability of any of the Sites;
(2) any loss of data, information or materials caused by such outages;
(3) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such outages; or
(4) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
The Sites are operated by RaceCar Beds, LLC. from its offices in Jacksonville, FL, USA. The Sites are intended for users who reside in the United States of America. RaceCar Beds, LLC. makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. RaceCar Beds, LLC. reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.
No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. If any one or more of the covenants, agreements, provisions or terms of these Terms shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms shall in no way affect the validity or enforceability of the other provisions of these Terms.
If you have questions, comments or complaints about these Terms or the Sites, please contact us at: firstname.lastname@example.org (with the subject line “Questions about the Sites”).
RACECAR BEDS, LLC.’S COPYRIGHT POLICY AND INTELLECTUAL PROPERTY RIGHTS
Last Updated: October 23, 2015
This Copyright Policy describes RaceCar Beds, LLC.’ s policy of prohibiting any information or materials that violate another party’s intellectual property rights from appearing on https://car-bed.us, (collectively, the “Site“). The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. RaceCar Beds, LLC. complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements.
Notification of Alleged Copyright Infringement
If in good faith you believe that material appearing on the Site infringes your copyright, you (or your agent) may send RaceCar Beds, LLC. a written notification pursuant to the DMCA. Your DMCA Notice should be sent to our Copyright Agent, email@example.com (with the subject line “RaceCar Beds, LLC. DMCA Notice”) and shall contain all of the information listed below pursuant to 17 U.S.C. § 512(c)(3) requesting that the material be removed or that access to it be blocked. Your DMCA Notice must contain:
- Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
3. Your name, address, telephone number and email address (if available);
4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf;
5. A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must submit any notification of an alleged copyright infringement to RaceCar Beds, LLC. Copyright Agent by email as set forth below:
Email: firstname.lastname@example.org (with the subject line “RaceCar Beds, LLC. DMCA Notice”)
If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Site are infringing a copyright.
If in good faith you believe that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to RaceCar Beds, LLC.’s Copyright Agent pursuant to § 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Boston, Massachusetts if your address is outside the United States;
3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
4. Your name, address and telephone number;
5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
6. Your physical or electronic signature.
You may submit your counter notification to RaceCar Beds, LLC.’s Copyright Agent by email as set forth below:
Email: email@example.com (with the subject line ” RaceCar Beds, LLC. DMCA Notice”)
Upon receipt of a counter notice, RaceCar Beds, LLC.’s Copyright Agent may send a copy of it to the original complaining party informing that party that RaceCar Beds, LLC. may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against RaceCar Beds, LLC. , the removed content may be replaced or access to it restored by RaceCar Beds, LLC.
You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by RaceCar Beds, LLC. , including but not limited to, RaceCar Beds, LLC. , the RaceCar Beds, LLC. design logo. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED. RaceCar Beds, LLC. uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
Notice: Residents of California
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
In accordance with California Civil Code §1789.3, RaceCar Beds, LLC. provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
254 Talleyrand Avenue
Jacksonville, FL 32202
Phone: (904) 993-9000