Terms of Use
Please read these Terms of Use carefully. By accessing or using our website, you agree to be bound by these terms. If you do not agree to these terms, you may not use the site or any services offered through it.
1. Definitions
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“User” refers to anyone who accesses, browses, or interacts with our website.
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“You” and “Your” refer to you, the user of our site.
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“We,” “Us,” “Our,” or “NEW SUN RACING” refer to NEW SUN RACING, the owner and operator of this website.
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“Content” includes all text, graphics, images, audio, video, and other material displayed on or available through our website.
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“User Content” is any content submitted by users, such as reviews, feedback, comments, or messages.
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“NEW SUN RACING Content” refers to original content created by us.
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“Third-Party Content” refers to content provided by other companies, licensors, or entities not affiliated with NEW SUN RACING.
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2. Acceptance of Terms
This is a binding agreement between you and NEW SUN RACING. By accessing or using our website (the “Site”) or any services offered through the Site (the “Services”), you agree to comply with and be bound by these Terms of Use.
NEW SUN RACING reserves the right to modify these Terms at any time. Any updates will be posted on this page. Your continued use of the Site after changes have been made signifies your acceptance of the revised terms.
Age Requirements
By using the Site, you confirm that you are at least 18 years old.
If you are under 18 (a “Minor”), you may only use the Site with permission and supervision of a parent or legal guardian. That parent or guardian is responsible for your use and must agree to these Terms on your behalf.
If you are a parent or guardian allowing a Minor to use the Site, you agree to be fully responsible for the Minor’s actions, including any violations of these Terms.
3. Privacy and Account Security
Your privacy is important to us. Please refer to our Privacy Policy to understand how we collect, use, and protect your personal information. That policy is incorporated into these Terms by reference.
Account Registration
To access certain features or make purchases on our Site, you may be required to create an account.
You agree to:
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Provide accurate and complete information
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Keep your login credentials confidential
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Not use another person’s account without permission
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Notify us immediately of any unauthorized use of your account
You are responsible for all activity that occurs under your account. NEW SUN RACING is not liable for losses resulting from unauthorized use of your account, but you may be held responsible for losses incurred by NEW SUN RACING or others due to such use.
4. General Use
By accessing or using this website, NEW SUN RACING grants you a limited, personal, non-exclusive, and non-transferable license to view and use the Content provided, strictly in accordance with these Terms of Use.
Your right to use the Site and its Content is conditioned upon your full compliance with these Terms. You may not:
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Modify, alter, edit, or enhance any Content
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Copy, reproduce, republish, or create derivative works
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Reverse-engineer, disassemble, or otherwise attempt to extract source code
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Use the Content or Site for commercial purposes without express written permission
If you download or print any materials from the Site, you must retain all copyright and proprietary notices exactly as they appear on the original materials.
You agree to use the Site lawfully and to respect the intellectual property rights of others. Your use is subject to applicable laws regarding copyright, trademarks, patents, and other proprietary rights. You may not upload, distribute, or share any materials that infringe on third-party intellectual property rights.
If you breach any of these Terms, your license to use this Site and its Content will terminate immediately and automatically. Upon termination, you must destroy all copies of any downloaded or printed materials.
5. Software License
From time to time, NEW SUN RACING may make software available for download through its Site. Any software you access or download is licensed, not sold, and remains the property of NEW SUN RACING.
This license allows you to use the software for personal, non-commercial purposes only. You may not:
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Sell, redistribute, or sublicense the software
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Modify, reverse-engineer, decompile, or disassemble the software
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Extract or attempt to reveal any source code or underlying structure
All intellectual property rights in the software, including any files, images, and data it contains or generates, are retained by NEW SUN RACING. Your use of such software must also comply with any additional terms provided at the time of download.
6. User Content
By submitting or posting content to the NEW SUN RACING website—such as reviews, feedback, comments, or any other materials—you grant NEW SUN RACING and its affiliates a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, and transferable license (with rights to sublicense) to:
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Use, reproduce, modify, adapt, publish, translate, and publicly display your content in any format or medium now known or developed in the future
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Use your content for any purpose, including commercial purposes such as marketing or product development
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Display advertisements in connection with your content
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Include your name or username in connection with your content, as applicable
You acknowledge and agree that:
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You will not receive compensation for any content you submit
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You either own the rights to your submitted content or have permission to distribute it
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You are solely responsible for any legal claims, license fees, or violations arising from your content
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You will comply with all laws relating to copyright, trademark, and intellectual property
The responsibility for confirming that your content does not violate intellectual property or other applicable laws rests solely with you.
7. Prohibited Content
You agree not to upload, post, transmit, share, or otherwise distribute any content through the NEW SUN RACING website or Services that violates any law or these Terms of Use. Specifically, you must not make available any content that:
7.1 Encourages or advocates conduct that could constitute a criminal offense, result in civil liability, or otherwise violate any local, state, national, or international law or regulation;
7.2 Is defamatory, libelous, threatening, harassing, hateful, racially, ethnically, or religiously offensive; promotes discrimination or hatred; or is vulgar, obscene, pornographic, or invasive of another person's privacy;
7.3 Contains or promotes nudity, graphic violence, offensive subject matter, or links to adult content or adult websites;
7.4 Collects or attempts to collect personal information from or about minors;
7.5 Creates or poses a risk to any person's privacy, security, or safety;
7.6 Promotes or distributes pirated or unauthorized copies of copyrighted material, such as software, music, videos, or other intellectual property, including links or instructions for circumventing digital rights management (DRM) or anti-piracy measures;
7.7 Involves unsolicited communications such as “junk mail,” “spam,” chain letters, mass email marketing, or other forms of unauthorized messaging;
7.8 Contains hidden pages, password-protected content not meant for public access, or pages not linked from accessible areas of the site;
7.9 Attempts to collect usernames, passwords, or other personal identifying information from other users;
7.10 Promotes or conducts commercial activities, sales, or advertising without prior written consent from NEW SUN RACING;
7.11 Is knowingly false, misleading, or deceptive;
7.12 Includes images, videos, or likenesses of others without their express consent;
7.13 Infringes upon or violates any person’s rights, including privacy rights, publicity rights, intellectual property rights, contract rights, or any other legal or moral rights.
NEW SUN RACING reserves the right to remove or restrict access to any content that violates these Terms, without notice, and to terminate or suspend access to the Site or Services if such violations occur. We also reserve the right to cooperate fully with law enforcement or government agencies in investigating any suspected violations of law or these Terms of Use.
8. Prohibited Conduct
When accessing or using the NEW SUN RACING website and services (the “Sites”), you agree to act lawfully, responsibly, and respectfully. You must not engage in any behavior that disrupts the experience of other users or violates applicable laws. Prohibited conduct includes, but is not limited to, the following:
8.1 Threatening, harassing, stalking, defrauding, or interfering with another user’s enjoyment of the Site or Services;
8.2 Engaging in activities that create conflicts of interest, such as trading or soliciting fake reviews;
8.3 Promoting or expressing bigotry, hatred, or discrimination of any kind;
8.4 Soliciting personal information from minors or attempting to harm or exploit minors in any way;
8.5 Using the Site for unauthorized commercial purposes, including advertising, solicitation of goods or services, paid placements, or embedding promotional content or external links without written permission from NEW SUN RACING;
8.6 Participating in criminal or tortious behavior, including but not limited to: fraud, harassment, defamation, copyright infringement, or the distribution of harmful software or content;
8.7 Accessing data or content that is not intended for you, or attempting to access servers, systems, or accounts without proper authorization;
8.8 Testing, probing, or attempting to breach security features, authentication systems, or network infrastructure, or encouraging others to do so;
8.9 Disrupting, interfering with, or overloading the Site or its connected networks, including through the use of malware, denial-of-service attacks, or spamming techniques;
8.10 Sending unsolicited emails, promotions, advertisements, or other communications not expressly authorized by NEW SUN RACING;
8.11 Forging any part of a message header or misleading others about the origin of your communication;
8.12 Attempting to reverse-engineer, decompile, or disassemble any part of the Site, software, or services;
8.13 Engaging in keyword spamming or manipulating search results through deceptive tactics;
8.14 Mining, scraping, recording, or harvesting data or information about other users without their consent;
8.15 Using bots, viruses, worms, or any code intended to damage or compromise systems, or to gain unauthorized access to the Site or its data;
8.16 Reproducing, modifying, or distributing any part of the Site’s Content (other than your own User Content) without prior authorization;
8.17 Using tracking or surveillance features to monitor the behavior, actions, or interactions of other users on the Site;
8.18 Intentionally burdening or disrupting NEW SUN RACING's servers, infrastructure, or networks;
8.19 Impersonating NEW SUN RACING staff, other users, or third parties, or misrepresenting your affiliation with any individual or organization;
8.20 Using or distributing information obtained from NEW SUN RACING to harass, harm, or exploit others;
8.21 Masking your identity or using falsified headers to mislead recipients or servers about the source of your communication;
8.22 Participating in fraudulent or misleading “click-through” schemes or traffic manipulation strategies;
8.23 Using the Site in a manner that violates any applicable local, state, national, or international laws or regulations.
NEW SUN RACING reserves the right to investigate and take appropriate legal action against any user who violates this section, including terminating access to the Site, reporting to law enforcement, and pursuing legal remedies.
9. Alleged Violations
NEW SUN RACING reserves the right, at its sole discretion, to terminate your use of the Site and Services, or to refuse, remove, or modify any content submitted or displayed on the Site, at any time and for any reason, without prior notice.
To maintain a safe and high-quality experience for all users, NEW SUN RACING may access your account and usage records to investigate complaints or alleged violations of these Terms of Use, including potential abuse, intellectual property infringement, or other prohibited activities. While such investigations are conducted at NEW SUN RACING’s discretion and may not be disclosed to you unless legally required, we reserve the right to immediately suspend or terminate your access to the Site if we believe, in good faith, that you have:
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Violated these Terms of Use;
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Provided false or misleading information; or
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Interfered with the rights or use of the Site by others.
Please note, NEW SUN RACING is not obligated to monitor the Site for violations or inappropriate conduct. However, we reserve the right to do so and may act on any prohibited activity we detect or that is reported to us. Our decision to monitor or not monitor the Site does not make us responsible or liable for any content or user behavior.
If you become aware of any misuse or prohibited activity on the Site, please notify us by using the "Contact Us" link found in the footer of the Site.
10. Intellectual Property Ownership
All content available on the NEW SUN RACING website including but not limited to text, graphics, logos, icons, images, audio/video clips, digital downloads, product data, and software is the property of NEW SUN RACING or its licensors and is protected by United States and international intellectual property laws.
The compilation of all content on the Site is the exclusive property of NEW SUN RACING and is protected under applicable copyright laws. All software used on the Site is owned by NEW SUN RACING or its software partners.
Third-party trademarks, names, images, or logos displayed on the Site are the property of their respective owners and are used with permission or as permitted by law.
You may not:
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Frame or use framing techniques to enclose any proprietary material;
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Use meta-tags or other “hidden text” that references NEW SUN RACING or any of its trademarks;
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Directly link to, embed, or source-call any media from the Site without our express written permission.
11. Infringement of Intellectual Property Rights
NEW SUN RACING respects the intellectual property rights of others and complies with applicable laws regarding copyright and trademark protection. We have procedures in place to investigate and respond to allegations of intellectual property infringement on the Site.
If you believe that your copyright, trademark, or other intellectual property rights have been infringed, please send a written notice to our designated agent including the following:
a. A physical or electronic signature of the person authorized to act on behalf of the rights holder;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. Identification of the specific material that is allegedly infringing and where it is located on the Site;
d. Your contact information, including address, phone number, and email address;
e. A statement that you have a good faith belief that the use of the material in question is not authorized by the rights owner, its agent, or the law;
f. A statement made under penalty of perjury that the information you provided is accurate and that you are authorized to act on behalf of the intellectual property owner.
Please send your notice to the designated agent for NEW SUN RACING at:
New Sun Racing
500 S. 10th St, Ste D,
McAllen TX 78501
Email: info@newsunracing.com
Phone: (956) 244-7678
12. Pricing and Typographical Errors
At NEW SUN RACING, we strive to ensure that all product information, including descriptions, availability, and pricing, is accurate and up to date. However, occasional typographical errors, inaccuracies, or omissions may occur.
We reserve the right to correct any such errors, inaccuracies, or omissions and to update or change information at any time including after an order has been submitted without prior notice. In the event an item is listed at an incorrect price or with incorrect product information, we may, at our discretion:
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Contact you for confirmation or further instructions, or
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Cancel the order and notify you of the cancellation.
All pricing and product availability are subject to change without notice.
Please also note: product colors may appear differently depending on your screen or device. We cannot guarantee that your monitor will display the exact color of any product.
13. Acceptance of Orders
By submitting an order and providing a valid payment method, you authorize NEW SUN RACING to charge the full purchase amount, including applicable taxes and shipping fees.
We reserve the right, at our sole discretion, to accept or decline any order for any reason. Common reasons for cancellation may include but are not limited to:
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Product availability limitations
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Pricing or description inaccuracies
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Payment authorization issues
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Potential fraud or misuse
In most cases, your payment method will be charged upon placing your order. Orders will typically ship according to the estimated timeline shown on the product page or outlined in our “Shipping & Returns” or “International Shipping” policies.
If your order (or part of it) is canceled after payment has been processed, we will promptly issue a refund to your original payment method for the canceled portion.
14. Order Quantity Limitations
To help maintain fair access to inventory and to protect against misuse, NEW SUN RACING reserves the right to limit quantities of products purchased per customer, per household, or per order.
These limits may apply to orders placed using:
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The same payment method
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The same billing and/or shipping address
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The same email address
If such limitations are applied to your order, we will attempt to notify you using the email or billing address provided at checkout.
We also reserve the right to restrict sales to dealers, resellers, or institutions without prior written approval. If you are interested in placing a bulk or institutional order, please contact us via the “Contact Us” page on our website.
15. No Warranties
NEW SUN RACING provides access to its website and services on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
To the fullest extent permitted by law, we expressly disclaim all warranties, including but not limited to:
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Implied warranties of merchantability
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Fitness for a particular purpose
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Non-infringement of intellectual property rights
We do not guarantee that the site will be uninterrupted, secure, error-free, or that it will meet your expectations or requirements. You use the site at your own risk, and you assume full responsibility for any loss or damage resulting from its use or your inability to use it.
16. Limitation of Liability
To the maximum extent permitted by applicable law, NEW SUN RACING and its affiliates, officers, directors, employees, agents, and representatives shall not be liable for any damages of any kind arising from your use of, or inability to use, our website or services.
This includes, but is not limited to:
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Direct, indirect, incidental, special, consequential, or exemplary damages
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Loss of profits
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Loss of data
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Loss of goodwill or reputation
These limitations apply regardless of the legal theory, whether based on contract, tort, negligence, strict liability, or otherwise—even if we have been advised of the possibility of such damages.
If you are a resident of New Jersey, this limitation of liability will be applied only to the extent permitted by New Jersey law.
17. Third-Party Websites and Content
NEW SUN RACING may link to third-party websites or display content provided by third parties. These sites and materials are not under our control, and we are not responsible for their content, accuracy, legality, or functionality.
This includes content from:
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Partners
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Affiliates
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Advertisers
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Vendors
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Or any other third-party service providers
We make no warranties or representations regarding these third-party materials and assume no liability for any harm, loss, or damage you may incur from interacting with them.
Your use of third-party websites is at your own risk, and it is your responsibility to review and agree to their terms and policies.
18. Indemnification
You agree to indemnify, defend, and hold harmless NEW SUN RACING, its affiliates, officers, directors, employees, agents, and representatives from and against any third-party claims, liabilities, damages, losses, and expenses—including reasonable attorneys’ fees—arising from:
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Your use or misuse of the Sites or Services
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Your violation of these Terms of Use
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Your violation of the rights of any third party, including intellectual property rights
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Any content submitted or posted by you or others using your account
We will notify you of any such claim and provide reasonable cooperation, at your expense, in defending the claim. If you reside in New Jersey, this indemnity clause is enforceable only to the extent permitted by New Jersey law.
19. Electronic Communications
By using the NEW SUN RACING website and services, you consent to receiving electronic communications from us. These communications may include:
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Notices about fees and charges
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Transactional information
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Updates related to our Sites and Services
These electronic messages are part of your ongoing relationship with us, and you agree that such communications satisfy any legal requirement that communications be in writing.
20. Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
This Dispute Resolution and Arbitration Agreement (“Agreement”) governs the resolution of any dispute, claim, or controversy between you and NEW SUN RACING (or its licensors, suppliers, dealers, or third-party vendors when involved in claims you bring against us).
Scope of Agreement
This Agreement covers all disputes, whether based on contract, statute, regulation, tort (including fraud or negligence), or any other legal theory, and includes questions about the enforceability of this Agreement except for the enforceability of the Class Action Waiver, which is handled separately.
Informal Resolution
Before initiating arbitration or litigation, you agree to give us the chance to resolve your dispute informally. To do so, send a written notice to:
NEW SUN RACING
500 S 10th St, Ste D,
McAllen TX 78501
Include:
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Your full name
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Your mailing address
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A description of your claim
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The specific relief or outcome you seek
We will review your claim and respond within 60 days. If the dispute is not resolved after this period, you may proceed with arbitration.
Arbitration
If the dispute remains unresolved, you agree that all disputes shall be resolved exclusively and finally by binding arbitration not in court.
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Arbitration is a private, less formal process than court.
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There is no judge or jury; instead, an impartial arbitrator makes the decision.
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The arbitrator must apply this Agreement and the law.
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You and NEW SUN RACING waive the right to a trial by judge or jury.
Opt-Out Right
You have the right to opt-out of this arbitration agreement within [insert time frame, e.g., 30 days] of accepting these Terms by notifying us in writing at the address above. Opting out means you retain your right to pursue claims in court and to participate in class actions.
Exceptions
You may pursue claims in court only:
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To enforce or seek injunctive relief regarding intellectual property rights, or
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If applicable law prohibits arbitration of your claim.
Exclusions from Arbitration / Right to Opt-Out
Despite the above arbitration agreement, you or we may choose to resolve a dispute in court instead of arbitration if:
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(a) The dispute qualifies for resolution in a small claims court; or
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(b) You opt-out of this arbitration agreement within 30 days from the date you first agree to these Terms (the “Opt-Out Deadline”).
To opt out, you must send a written request by first-class mail to:
NEW SUN RACING
500 S 10th St, Ste D,
McAllen TX 78501
Include the following information:
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Your full name
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Your mailing address
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A clear statement that you do not wish to resolve disputes through arbitration
We respect your choice either way. Opting out will not affect your relationship with NEW SUN RACING in any way. However, please note that opt-out requests received after the Opt-Out Deadline will not be valid, and any disputes must be resolved through arbitration or small claims court.
Arbitration Procedures
If arbitration applies and the dispute is not resolved through our informal process (see Pre-Arbitration Claim Resolution), either you or NEW SUN RACING may initiate arbitration.
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Arbitration will be conducted by the American Arbitration Association (AAA) (www.adr.org).
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The arbitration will be before a single arbitrator and conducted individually class arbitrations are not permitted.
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The arbitrator will decide all issues, including the scope and enforceability of this arbitration agreement.
Applicable Rules
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For disputes under $75,000, the AAA Supplementary Procedures for Consumer-Related Disputes will apply.
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For disputes of $75,000 or more, the AAA Commercial Arbitration Rules will apply.
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The AAA Optional Rules for Emergency Measures of Protection will apply in all cases.
AAA rules are available at www.adr.org or by calling 1-800-778-7879. If there is any conflict between this Agreement and the AAA rules, this Agreement governs.
Governing Law
Because these Terms involve interstate commerce, the Federal Arbitration Act (FAA) governs the arbitration’s enforceability. The arbitrator will apply substantive law consistent with the FAA and any applicable statutes of limitation.
Arbitration Award
The arbitrator may grant any relief available under applicable law on an individual basis but cannot award relief to or against anyone who is not a party to the arbitration. The arbitrator’s decision will be in writing but need not include detailed reasons unless a party requests it. The award is final, binding, and may be entered into court for enforcement, subject to any FAA appeal rights.
Location of Arbitration
Arbitration may be initiated either in:
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McAllen, TX
If you choose the latter, NEW SUN RACING may transfer the arbitration to McAllen TX but will cover any additional fees or costs you incur due to the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs
If you submit a written request before arbitration begins, NEW SUN RACING will pay all fees and costs charged by the arbitration provider. However, you remain responsible for any other expenses you incur during arbitration, such as attorney fees, expert witness fees, or other related costs.
If you notify us and attempt to resolve the dispute in good faith as described under “Pre-Arbitration Claim Resolution,” and if the arbitrator determines that you are the prevailing party, you may recover reasonable attorney’s fees and costs as decided by the arbitrator, in addition to any fees recoverable under applicable law.
Class Action Waiver
Except as otherwise stated in this Provision, the arbitrator cannot consolidate the claims of multiple individuals or preside over any class or representative action, such as class actions, consolidated actions, or private attorney general actions, unless both you and NEW SUN RACING explicitly agree after arbitration has been initiated.
If you opt out of arbitration and pursue your dispute in court, this Class Action Waiver does not apply. No user, including you, may act as a class representative, class member, or participate in any class, consolidated, or representative proceeding unless the opt-out process has been properly followed.
Jury Waiver
By agreeing to these Terms, you and NEW SUN RACING each waive your right to a jury trial or trial before a judge in a public court. Without this agreement, you might have had the option to bring disputes before a court, jury, or participate in class actions. Except as otherwise stated here, those rights are waived. Other procedural rights available in court, like appeals and certain discovery rights, may also be limited or waived in arbitration.
Severability
If any provision of this arbitration agreement except the Class Action Waiver is found to be illegal or unenforceable, that provision will be severed, and the rest of the agreement will remain fully effective.
If the Class Action Waiver itself is deemed illegal or unenforceable, then this entire arbitration agreement will be unenforceable, and any dispute will be resolved in a court of law.
Continuation of Dispute Resolution Provision
This arbitration provision shall survive the termination of your account and your discontinuation of use of the Sites. Notwithstanding any other provision in this Agreement, if we make any changes to this arbitration provision (other than changes to the Notice Address), you may reject those changes and require us to adhere to the terms as originally agreed if a dispute arises.
21. Governing Law
NEW SUN RACING controls and operates the Sites from its headquarters in the United States. The Sites may not be appropriate or available for use in all locations. If you access or use the Sites from outside the United States, you are solely responsible for complying with all applicable local laws.
These Terms of Use shall be governed by and construed in accordance with the laws of the United States, the Federal Arbitration Act, and the State of California, without regard to conflict of law principles. Except for disputes subject to arbitration as described above, any legal action relating to these Terms or the Sites shall be brought exclusively in the courts located in Butte County, California, USA.
22. Severability; Waiver
If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
No waiver of any breach or default shall be effective unless in writing and signed by an authorized representative of the waiving party. A waiver of any breach or default will not constitute a waiver of any prior, concurrent, or subsequent breach or default.
23. Feedback
If you provide NEW SUN RACING with any comments, suggestions, or ideas (“Feedback”) regarding the Sites, Services, or products, such Feedback will be considered non-confidential and non-proprietary.
By submitting Feedback, you assign all rights, title, and interest in the Feedback to NEW SUN RACING and its affiliates. NEW SUN RACING is free to use, modify, reproduce, license, and distribute the Feedback for any purpose without obligation or compensation to you.
You acknowledge that NEW SUN RACING is under no obligation to use or act on any Feedback you provide.
24. No License
Except as expressly stated in Section 4 of these Terms, nothing on the Sites grants you any license or rights to use any trademarks, service marks, or logos owned by NEW SUN RACING or any third party.
25. Modifications
NEW SUN RACING reserves the right, at its sole discretion and without prior notice, to:
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(a) revise these Terms of Use;
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(b) modify the Sites; and
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(c) discontinue the Sites at any time.
Any revised Terms of Use will be posted on the Sites and will become effective immediately upon posting. You agree to periodically review the Terms and other policies on the Sites to stay informed of any changes. Your continued use of the Sites after such notice constitutes your acceptance of any revised Terms.
26. Termination
You may discontinue your use of the Sites or Services at any time. NEW SUN RACING also reserves the right to terminate or suspend your access to the Sites or Services at its sole discretion, for any reason.
Upon termination by either party, you agree to promptly destroy all materials downloaded or otherwise obtained from the Sites or through the Services, including all copies of such materials, whether made in accordance with these Terms or otherwise.