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Terms of service

OVERVIEW
This website is operated by cf64. Throughout the site, the terms “we”, “us” and “our” refer to cf64. cf64 offers 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 terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide 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 are the age of majority in your state or province of residence and 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 nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or 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 (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and 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 on our site. You agree that 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 at any time to modify or discontinue the Service (or any part or content 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 (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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 third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall cf64, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless cf64 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that 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, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other 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 of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service 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 laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at brandon@chrisforsberg.com.

For Raffles, you are also agreeing to the following:

[CFR RAFFLE]

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.  INTERNET ACCESS AND COMPLETION OF AN ONLINE ENTRY FORM ARE REQUIRED FOR ENTRY.  SUBJECT TO ALL FEDERAL, STATE, MUNICIPAL, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES.

 

  1. The [CFR RAFFLE] (the “Giveaway”) is sponsored and administered by [CHRIS FORSBERG RACING] (“Sponsor”), [COSTA MESA, CA 92627].

 

  1. Eligibility: The Giveaway is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years old at the time of entry or, if the age of majority in their jurisdiction of residence is over 18, the age of majority in their jurisdiction of residence. Void in Puerto Rico and where prohibited by law.  All applicable federal, state and local laws apply.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

  1. Agreement to Rules: By submitting an entry to the Giveaway (the “Entry”), you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements.

 

  1. End Date and Time: The end date and to submit an Entry is 11:59 p.m. Pacific Time (“PT”) on [JULY 17TH 2020] (the “End Date”).

 

  1. How to Enter:

 

  1. All individuals that have previously purchased a [RAFFLE ITEM] are automatically deemed to have submitted an Entry. However, entry in the Giveaway does not require a payment or a purchase of any kind.  To enter a Giveaway, you must either purchase [RAFFLE ITEMS] or submit an Entry via the alternative online entry form.  By submitting your information as part of the process to [RAFFLE ITEM] or as part of the alternative online entry form, you agree to the terms of use and privacy policy of Sponsor.  If you do not agree to such terms of use and privacy policy, you cannot participate in the Giveaway.  If you are using your mobile device to enter the Giveaway, charges, including message and data rates, may apply.  You should consult your wireless service provider regarding its pricing plans. 

 

  1. You may enter the Giveaway only once. You must provide the information requested.  You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules.  Bulk, automated and/or third-party Entries are prohibited and will be disqualified. Multiple entrants are not permitted to share the same email address.  Any attempt by any entrant to obtain more than the stated number of Entries by using multiple and/or different identities, registrations, email addresses, or any other methods will void that participant’s Entry, and that entrant may be disqualified at Sponsor’s discretion.  In the event of a dispute as to any Entry, the authorized account holder of the email address will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize.  Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Rules may be disqualified from the Giveaway at Sponsor’s sole and absolute discretion.  All potential winners are subject to verification before any prize will be awarded.  Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

 

  1. Winner Selection and Criteria. One winner will be selected for the Giveaway by 5:00 p.m. PT on [JULY 17TH 2020]  (each a “Winner”).  Winners will be selected by random drawing from the available pool of eligible Entries as of 11:59 p.m. PT on the End Date.  Proof of transmission of an Entry is not proof of receipt.  Sponsor’s computer is the official time-keeping device for the Giveaway.  All decisions of the Sponsor are final and binding with respect to all matters related to the Giveaway.

 

  1. Prizes:

 

  1. The Winner will receive the following “Grand Prize”: [RAFFLE ITEMS]. The estimated value of the Grand Prize is $0.

 

  1. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. The Grand Prize is nontransferable.  Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner.  No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted.  Acceptance of prize constitutes permission for the Sponsor and its designees to use Winners’ names, cities, states, likenesses, voices, biographical information, Entries and other statements for purposes of advertising, promotion, and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, except to the extent prohibited by law.

 

  1. Odds: The odds of winning depends on the number of eligible Entries received as of the End Date.

 

  1. Winner Notification: The Winner of the Giveaway will be notified by an email to the email address included in the Entry by 5:00 p.m. PT on the day of the drawing of the applicable Winner. IT IS YOUR SOLE RESPONSIBILITY TO CONFIGURE YOUR EMAIL SETTINGS SO AS TO ACCEPT MESSAGES FROM SPONSOR.  Sponsor shall have no liability for the Winner’s failure to receive notices via email for any reason, including any spam or junk mail filtering.  If the Winner cannot be contacted, is ineligible, or fails to claim the Grand Prize within a reasonable time, the prize may be forfeited and an alternate Winner may be selected.  The Winner may also be contacted by Sponsor via social media, mentioning the winner and tagging the Winner’s social media account if included in the Entry information.  Therefore, by submitting an Entry and entering the Giveaway, you acknowledge and agree that you will clearly and conspicuously be identified and disclosed as an entrant in the Giveaway and a Winner (if selected) online, including via Sponsor’s social media posts.  The Winner will be required to complete and execute a declaration and release documentation in connection with receiving prizing.  Receipt of the Grand Prize by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE RULES BY THE WINNER WILL, AT SPONSOR’S SOLE DISCRETION, RESULT IN THE WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

 

  1. Other Term and Rules.

 

  1. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Giveaway, as determined by Sponsor in its sole discretion. In such case, Sponsor may select the Winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor in a manner determined by Sponsor, in its sole discretion, to be fair, appropriate and consistent with these Rules.  In the event the Giveaway is cancelled prior to the stated End Date, a notice will be posted on the Sponsor’s official INSTAGRAM ACCOUNT.

 

  1. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or violates these Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Giveaway, to void Entries for any reason, including, but not limited to, multiple Entries by the same person in the same Giveaway or the use of bots, macros, scripts, or other technical means for entering the Giveaway.

 

  1. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution.

 

  1. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.

 

  1. Release and Limitation of Liability.

 

  1. By submitting and Entry and participating in the Giveaway, you: (i) agree to release and hold Sponsor and its sponsor and supplier partners, including, without limitation, [NOS, RAZOR, PUMA, HANKOOK, HPI, BLACKOUT], and their parent, subsidiary, and affiliate companies, and each of their respective owners, officers, directors, directors, and employees, along with Instagram, Twitter, and Facebook (collectively, the “Released Parties”), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, out of (1) participation in the Giveaway; (2) misuse, nonuse, or use of the Grand Prize; (3) unauthorized human intervention in any part of the Entry process or the Giveaway; or (4) electronic or human error in the administration of the Giveaway or the processing of Entries; (ii) waive all rights to claim punitive, incidental, consequential, and multiple damages, attorneys' fees, or any damages other than actual out-of-pocket costs incurred to enter the Giveaway; and (iii) agree to be bound by these Rules.

 

  1. Released Parties are not responsible for: (i) incomplete, lost, late, damaged, inaccessible, corrupted, inaccurate, illegible, misdirected, garbled, delayed or undelivered Entries; (ii) any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Giveaway, including, without limitation, errors which may occur in the administration of the Giveaway, the processing of Entries, the announcement of the Grand Prize or in any Giveaway-related materials; (iii) technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit the ability to participate; or (iv) any liability for damage to any computer system or mobile device resulting from participating in, or accessing or downloading information in connection with the Giveaway.

 

  1. No Warranties. Sponsor makes no warranties regarding the Grand Prize furnished as part of the Giveaway. Without limiting the foregoing, everything regarding the Giveaway, including the web site and the Grand Prize, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.  Check local laws for any restrictions or limitations regarding these limitations or exclusions.

 

  1. Governing Law and Disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or your rights and obligations in the Giveaway, with regard to Sponsor, and/or with regard to any of the Released Parties shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of California.  All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of California, County of Los Angeles.  You consent to the jurisdiction of the state and federal courts of California with respect to any action, dispute, or other matter pertaining to or arising out of the Giveaway.

 

  1. Privacy Policy. Information submitted with an Entry in any Giveaway is subject to the privacy policy stated on the Sponsor’s website.

 

  1. No Implied Endorsement. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company in connection with the Giveaway, or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.