PERFORMANCE AND FOCUS

Ownership:

 

Precision Chemical Manufacturing Ltd. owns the site. Precision Chemical Manufacturing Ltd/RPM Racing Products ("RPM Racing Products") owns or has rights to all of the logos, icons, characters, artwork, wallpapers, images, graphics, music, text, software, and other content of the site including but not limited to the HTML, code and script used on/in the site. All content of the site is protected by copyright. All users of the site agree to not distribute, copy, modify, upload, download, transmit, republish, display or distribute to third parties for commercial purposes, or otherwise distribute any script, code or content from the site without written agreement with Precision Chemical Manufacturing Ltd/RPM Racing Products prior to use. You may not use any of content or code for any purpose without the express written consent of Precision Chemical Manufacturing Ltd/RPM Racing Products prior to use. Failure to comply with these terms will result in a breach of contract and will violate Precision Chemical Manufacturing Ltd/RPM Racing Products copyright, and other proprietary and industrial property rights.

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By using RPM Racing Products services, you agree to these conditions. Please read them carefully.

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Disclaimers:

 

We do our best to make sure that the information on the Site is accurate, complete and current. However despite our efforts, information on the Site may occasionally be inaccurate, incomplete or out of date. All products, descriptions, prices and specifications are subject to change at any time without notice. We make reasonable efforts to accurately display the information and specifications  on products and the Site. However, we do not warrant the accuracy or completeness of the information, content or materials provided through the Site.

Terms of sale

Warranty Disclaimer:

 

THE PRODUCTS OFFERED BY RPM RACING PRODUCTS/PRECISION CHEMICAL MANUFACTURING LTD ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL RPM RACING PRODUCTS/PRECISION CHEMICAL MANUFACTURING LTD OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION TO YOU USE OR INABILITY TO USE THE SITE. THIS COMPREHENSIVE LIMITATION OF LIABILITY, APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS) WHETHER IN CONTRACT OR TORT, EVEN IF RPM RACING PRODUCTS/PRECISION CHEMICAL MANUFACTURING LTD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE SITE, YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL PRODUCTS PURCHASES FROM RPM RACING PRODUCTS/PRECISION CHEMICAL MANUFACTURING LTD ARE SOLD "AS IS", AND RPM RACING PRODUCTS/PRECISION CHEMICAL MANUFACTURING LTD CANNOT BE HELD LIABLE FOR MISUSE OF PRODUCTS OR CONTENT, OR THE DAMAGES RESULTING FROM MISUSE OF PRODUCTS OR CONTENT.

Age Restriction:

 

Users may not engage with the platform if they are under the age of thirteen (13). If users are between ages thirteen (13) and eighteen (18) years of age, they must have a parent or guardian's permission to do so. By engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, have parents or legal guardians permission if you are between the ages of thirteen (13) and eighteen (18) to use the platform, or are of adult age in your jurisdiction. By using the platform, you acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to engage and/or use the platform.

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Electronic Communications:

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When you use any RPM Racing Products service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other RPM Racing Products services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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Copyright:

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All content included in or made available through any RPM Racing Products service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of RPM Racing Products or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through any RPM Racing Products service is the exclusive property of RPM Racing Products  and protected by Canadian and international copyright laws.

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License and Access:

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Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, RPM Racing Products or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the RPM Racing Products products/services. This license does not include any resale or commercial use of any RPM Racing Products products/service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any RPM Racing Products product/service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by RPM Racing Products or its licensors, suppliers, publishers, rightsholders, or other content providers. No RPM Racing Products product/service, nor any part of any RPM Racing Products product/service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of RPM Racing Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RPM Racing Products without express written consent. You may not use any meta tags or any other "hidden text" utilizing RPM Racing Products' name or trademarks without the express written consent of RPM Racing Products. You may not misuse the RPM Racing Products Services. You may use the RPM Racing Products Services only as permitted by law. The licenses granted by RPM Racing Products terminate if you do not comply with these Conditions of Use or any Service Terms.

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Your Account:

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You may need your own account "ACCOUNT" to use certain RPM Racing Products Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to maintain your Account information to ensure that it is current, complete and accurate. If you provide false, untrue, incomplete or inaccurate information, you understand that RPM Racing Products has the right to termintate and remove your Account, access and use of Services.  RPM Racing Products does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province or territory of residence, you may use the RPM Racing Products Services only with involvement of a parent or guardian. RPM Racing Products reserves the right to refuse service, terminate accounts, terminate your rights to use RPM Racing Products Services, remove or edit content, or cancel orders in its sole discretion.

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You may only use RPM Racing Products Services for lawful, non-commercial purposes only. You may not use RPM Racing Products Service in any form that could damage, disable, overburden or impair RPM Racing Products network or servers or hinder any other party's use of Services. 

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Reviews, Comments, Communications, and Other Content:

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You may post reviews, comments, photos, videos, and other content; send e-cards 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 (including publicity 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 "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RPM Racing Products reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant RPM Racing Products a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant RPM Racing Products and sublicencees 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 RPM Racing Products for all claims resulting from content you supply. RPM Racing Products has the right but not the obligation to monitor and edit or remove any activity or content. RPM Racing Products takes no responsibility and assumes no liability for any content posted by you or any third party.

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Intellectual Property Complaints

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RPM Racing Products respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

 

Risk Of Loss

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Risk of loss and title for items purchased from RPM Racing Products pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.

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Returns, Refunds, and Title

 

RPM Racing Products does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, RPM Racing Products does not take title to the refunded item. If we receive items that do not meet the requirements of our return policies, including items returned past the eligible return window, opened items or damaged items, we may charge a restocking fee or issue a partial refund. Details about the restocking fees and partial refunds can be found on our Refunds help page. For more information about our returns and refunds in general, please see our Online Returns Centre.

 

Product Descriptions

 

RPM Racing Products attempts to be as accurate as possible. However, RPM Racing Products does not warrant that product descriptions or other content of any RPM Racing Products Service is accurate, complete, reliable, current, or error-free. If a product offered by RPM Racing Products itself is not as described, your sole remedy is to return it in unused condition.

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Pricing

 

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on RPM Racing Products and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on RPM Racing Products.

With respect to items sold by RPM Racing Products, we cannot confirm the price of an item until you offer to purchase the item by placing an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by RPM Racing Products is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

 

We generally do not charge your credit card until after your order has entered the shipping process.

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Promotions

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Occasionally RPM Racing Products will offer consumers the opportunity to participate in promotions, offers  and discounts ("promotions"). Promotions are not open to employees, and/or their immediate family members or members residing in the same household of RPM Racing Products, Precision Chemical Manufacturing Ltd, affiliates, agents, and advertising and promotion agencies. You may not transfer, sell, assign, trade any premium, prize or other benefit received in correlation to any other Promotion.

 

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors in Promotion-related material without notice. We reserve the right to disqualify any individual who tampers with any Promotion.

 

CAUTION: ANY ATTEMPTS BY AN INDIVIDUAL TO DELIBERATELY TAMPER AND IMPEDE THE LEGITAMATE OPERATION OF THE PROMOTION, IS IN DIRECT VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT OF THE LAW.

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Sanctions and Export Policy

 

You may not use any RPM Racing Products Service if you are the subject of CANADA sanctions or of sanctions consistent with CANADA law imposed by the governments of the country where you are using RPM Racing Products Services. You must comply with all CANADA or other export and re-export restrictions that may apply to goods, software (including COMPANY Software), technology, and services.

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Other Businesses

 

Parties other than RPM Racing Products operate stores, provide services or sell product lines through the RPM Racing Products Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from RPM Racing Products. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their Web sites). RPM Racing Products does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

THE RPM RACING PRODUCTS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES ARE PROVIDED BY RPM RACING PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RPM RACING PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RPM RACING PRODUCTS SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RPM RACING PRODUCTS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RPM RACING PRODUCTS SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY LAW, RPM RACING PRODUCTS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RPM RACING PRODUCTS DOES NOT WARRANT THAT THE RPM RACING PRODUCTS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RPM RACING PRODUCTS SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RPM RACING PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, RPM RACING PRODUCTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RPM RACING PRODUCTS SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RPM RACING PRODUCTS SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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Disputes

 

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any RPM Racing Products Service, or to any products or services sold or distributed by RPM Racing Products or through RPM Racing Products Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The CANADA Federal Arbitration Act and CANADA federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Precision Chemical Manufacturing Ltd, 16671 - 113 Avenue NW, Edmonton, Alberta, Canada, T5M 2X2. The arbitration will be conducted by the Canadian Arbitration Association (CAA) under its rules, including the CAA's Supplementary Procedures for Consumer-Related Disputes. The CAA's rules are available at https://canadianarbitrationassociation.ca/?page_id=27 or by calling 1-800-856-5154. Payment of all filing, administration and arbitrator fees will be governed by the CAA's rules.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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Applicable Law

 

(Not applicable to Quebec consumers) By using any RPM Racing Products Service, you agree that the CANADA Federal Arbitration Act, applicable CANADA federal law, and the laws of the Provincial Courts of Alberta, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and RPM Racing Products.

 

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and RPM Racing Products shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

 

Please review our other policies, such as our pricing policy, posted on the RPM Racing Products site. These policies also govern your use of RPM Racing Products Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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Our Address

 

RPM Racing Products

C/O Precision Chemical Manufacturing Ltd

16671 – 113 Avenue NW

Edmonton, AB T5M 2X2

Canada

https://www.rpmracingproducts.com

 

Additional Company Software Terms

 

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with RPM Racing Products Services (the "COMPANY Software").

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1. Use of the COMPANY Software. You may use COMPANY Software solely for purposes of enabling you to use the RPM Racing    Products Services as provided by RPM Racing Products, and as permitted by these Conditions of Use and any Service Terms.    You may not incorporate any portion of the COMPANY Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the COMPANY Software in whole or in part. All software used in any COMPANY Service is the property of RPM Racing Products or its software suppliers and is protected by Canadian and international copyright laws.

2. Use of Third Party Services. When you use the COMPANY Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the COMPANY Software, whether in whole or in part.

4. Updates. We may offer automatic or manual updates to the COMPANY Software at any time and without notice to you.

5. Export Regulations. You must comply with all export and re-export restrictions and regulations of the CANADA Department of Commerce, Foreign Affairs and International Trade Canada, and other CANADA and Canadian agencies and authorities that may apply to the COMPANY Software.

6. Conflicts. In the event of any conflict between these Conditions of Use and any other COMPANY or third-party terms applicable to any portion of COMPANY Software, such as open-source license terms, such other terms will control as to that portion of the COMPANY Software and to the extent of the conflict.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

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If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

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