Racehead Performance reserve the right to modify these Terms at any time, without prior notice, by posting amended Terms that are always accessible through the “Terms and Conditions” link on this Website’s home page. Continued use of this Website indicates your acceptance of the amended Terms. You should check these Terms through this link periodically for modifications. We may also, from time to time, issue additional guidelines and rules with respect to using our Website. We will notify you on the Website when we issue any such additional information. By using our Website, you agree that you will comply with any such additional guidelines and rules.

Website Purchases: To purchase Products through Racehead Performance Website, you must provide valid payment and billing information. Such information will be collected by the Company. Your information will be collected and used in accordance with our Privacy Policy and these Terms. When you purchase products through the Website, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing products through the Website, you represent and warrant to the Company that you can enter a contract under applicable law. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Racehead Performance reserves the right, at any time after receipt of your order, to accept or decline your order for any reason. ALL SALES ARE FINAL, which means NO RETURNS OR EXCHANGES, Racehead Performance also may make a exception for a refund but it will be up the Racehead Performance for the final decision if a refund will be issued. Racehead Performance reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust your invoice accordingly. All Orders placed through Racehead Performance Website will be charged a Payment Processing fee of 4.25% that will be added to your order at the time of checkout or at time of payment for your order. All orders placed through Racehead Performance Website will be processed or shipped within 3-5 business days, with some exceptions that may be prolonged, for instance products being on backorder, Manufacture out of stock, or Shipping/Recieving companies not picking up processed shipments as scheduled. Racehead Performance may require additional verification or information before accepting any order. Racehead Performance is not responsible for shipping delays or any additional fees for international orders.

Risk of Loss: All items purchased from Racehead Performance 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. We offer shipping insurance option to be added to all shipments and are not responsible for damages caused during shipping. Please file a claim with the appropriate shipping company if your item was damaged during transit; we can assist you if you need help. PLEASE INSPECT YOUR ITEM BEFORE SIGNING FOR IT, BECAUSE IF YOU DO NOT AND LATER DISCOVER THE ITEM IS DAMAGED, YOUR CLAIM
WILL BE DENIED! Make the shipper wait if you must, just make sure to ALWAYS inspect ANY package you get before the shipper leaves. Racehead Performance Website currently does not support live inventory tracking; therefore, if you need specific Products for definitive dates, please contact us directly by phone to verify the availability of the products you wish to purchase. All rushed or urgent orders should be completed directly with our sales team over the phone or by email to ensure no delays in processing and shipping your order. Please note, we will not cover the cost of express or expedited shipping to meet your deadlines, all costs associated with express or expedited shipping is solely your responsibility.

Restrictions: You may not copy, modify, distribute, download, display, transfer, post, or transmit this Website or its content in any form without Company’s prior written permission.

Prohibited Activities: The following activities are also expressly prohibited without Company’s prior written permission: (i) any non-personal or commercial use of this Website; (ii) use of any robot, spider, other automatic device, or manual process to monitor or copy this Website or any of its content; (iii)
attempting to gain unauthorized access to any of our services, user accounts, computer systems or
networks through hacking, password mining or other means; (iv) “mirroring” this Website or any content on any other server; (v) reverse engineering, attempting to derive source code from, or translating for commercial purposes any part of the Website; (vi) collection or use of information for a supplier of competitive or comparable products or services; (v) misusing the Website or the services we
provide, creating fraudulent user accounts, or collecting or storing personal information about other
users; (vi) any action that imposes an unreasonable or disproportionately large load on this Website or otherwise interferes with its functioning; and (vii) any other action that may reasonably and adversely
jeopardize the Company’s reputation or quality of services.

Public Posting Areas of This Website: The Website may feature areas that are viewable by others (for example, to a forum or chatroom). We will not treat information that you post to areas of this Website
that are viewable by others as confidential or proprietary. By posting information to public areas of this Website, you agree that we may use that information without any restrictions. You may not post any infringing, threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We have no obligation to monitor posts to this Website; however, we reserve the right to
review such posts and to remove any material that, in our sole judgment, is not appropriate.

ECPA Notice: Racehead Performance’s Website treats email messages and other communications
through this Website as private. Exceptions are those permitted by law, included under the Electronic
Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to
operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants,
subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the
commission of a crime. This Website is not considered a “secure communications medium” under the ECPA.

Liability: Under no circumstances will Racehead Performance or its affiliates have any liability with
respect to any claims or damages (whether direct or indirect, special, incidental, consequential, or
punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER
OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE PRODUCTS.
THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. FURTHER, TO THE MAXIMUM EXTENT PERMITTED AT LAW, OUR AGGREGATE
LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, FRAUD, NEGLIGENCE, PRODUCTS LIABILITY AND STRICT LIABILITY), SHALL BE LIMITED TO THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY US FROM YOU PRIOR TO THE DATE OF THE CLAIM.

Off-Road Use Only Products and Emissions Regulation: Unless explicitly stated otherwise, all products sold by Racehead Performance are designated “Race or Track Use Only” “Race Only” and are solely for competition/off road use limited to racing formally sanctioned by a recognized racing organization. Any other use, including recreational off‐road use, may be in violation of local, state, and Federal laws.
Racehead Performance does not implicitly or explicitly confirm the legality of using any products it sells on public roads; that is entirely the responsibility of the consumer. Racehead Performance tries to make this information available whenever possible, but when in doubt, clients should review the legality of products prior to purchase. CUSTOMER’S ASSUME SOLE RESPONSIBILITY FOR VIOLATIONS OF LOCAL,
STATE, OR FEDERAL LAWS AND REGULATIONS THAT MAY RESULT FROM THE UNAUTHORIZED/UNLAWFUL USE OR MISUSE OF THE PRODUCTS. YOU HEREBY RELEASE, INDEMNIFY
AND HOLD THE COMPANY AND ITS REPRESENTATIVES, DIRECTORS, OWNERS, EMPLOYEES, AGENTS,
SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM, AND AGREE THAT THE INDEMNIFIED PARTIES SHALL IN NO EVENT BE LIABLE FOR, ANY CLAIMS, LOSSES, DAMAGES OR LIABILITIES RELATING TO OR ARISING FROM YOUR USE OR MISUSE OF THE PRODUCTS. WE ARE NOT RESPONSIBLE FOR ANY LEGAL ISSUES ARISING FROM OR RELATED TO THE UNAUTHORIZED/UNLAWFUL USE OR MISUSE OF THE PRODUCTS. The indemnification obligation hereunder is in addition to other obligations set forth elsewhere in these Terms.

Copyright & Trademark: All content included on this site, such as text, graphics, logos, button icons,
images, audio clips and software, is the property of Racehead Performance or its suppliers and
protected by U.S. and international copyright laws. All trademarks, service marks, and trade names are
proprietary to Racehead Performance. All other trademarks not owned by Racehead Performance or its
subsidiaries that appear on this site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Racehead Performance. Any unauthorized use of the
materials appearing on this site may violate copyright, trademark and other applicable laws and could
result in criminal or civil penalties. You may not copy any pictures hosted on this site for use on any
other business / store Website. You may not, under ANY circumstance, link to pictures hosted on this
site from outside Websites. This is considered stealing bandwidth and is not allowed without written
permission from Racehead Performance.

Attorney's Fees Obligation:
Racehead Performance shall have the right to collect from the other party its reasonable costs and
necessary disbursements and attorneys' fees incurred in enforcing this Agreement. "Costs" include, but
are not limited to, filing fees, fees for serving the summons, complaint, and other court papers, fees to pay a court reporter to transcribe depositions (pretrial interviews of witnesses) and in-court testimony, and, if a jury is involved, to pay the daily stipend of jurors. Costs to photocopy court papers and exhibits may also be included.