Terms and Conditions

Welcome to the Head Rock Racing Website. By using the Head Rock Racing’s Website. YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY and all disclaimers, terms and conditions that appear elsewhere on the Head Rock Racing’s Website.

Legal and Enforceable Online Contract By processing your pending order through the utilization of your credit card, money order or check, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH Head Rock Racing, AND ACCEPT THE TERMS AND CONDITIONS AS STATED IN THIS “CONDITIONS OF USE AND SALE” TO GOVERN YOUR PENDING TRANSACTION WITH Head Rock Racing

18 Years of Age to Purchase To purchase items at the Head Rock Racing’s Website, you must be 18 years of age or older. Any offers of sale presented on this Website or our Associates’ Website are only intended for individuals who are 18 years of age or older. By purchasing items from this Website, you affirm that you are 18 years of age or older.

Intended for Users Over 13 The Head Rock Racing’s Website is intended for use by individuals of at least 13 years of age or older. The Head Rock Racing’s Website is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this Website.

Product Display/Colors The Head Rock Racing’s Website attempts to display product images shown on the Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using or the color settings for your computer.

Errors on Our Website Prices and availability are subject to change without notice. Errors will be corrected where discovered, and Head Rock Racing reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Head Rock Racing will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Head Rock Racing’s Website Return Policy.

Pricing Policy Online prices, offers and selection may vary from our prices, offers and selection at auction Websites, and are subject to change.

Sales Tax Policy We do business throughout the United States and accordingly collect sales and use tax as required by applicable law. However, the law governing our obligation to collect sales tax from online purchases may change, and we may be required to collect sales tax from you without notice if there is a change in the law governing online sales.

Paying for Your Order You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard® and American Express®. After you place an order using our “Shopping Cart” or facsimile process, we will check the information you give us for validity, such as a valid method of payment or valid shipping address. Your credit card or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation 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. The Head Rock Racing’s Website reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Validating Your Order After you place an order using our “Shopping Cart” or facsimile process, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Backorder Policy If the product you have ordered is currently unavailable, then this item may not have been available either when you ordered it originally or another customer’s order placed ahead of yours may have depleted the available inventory. We apologize for this inconvenience. Many backordered items are restocked within 3 - 10 days. With that in mind, we will keep your order open and do our best to ship the item you ordered.

Return Policy Head Rock Racing provides a 30-day money back guarantee on all products and services purchased at our websites, with the exception of special order items. If for any reason you are not satisfied with your purchase, simply contact Head Rock Racing and we will immediately issue a Return Material Authorization Number. No restocking fee is charged if the items are returned in perfect condition. Shipping charges are not refundable unless the return is due to our error. The following terms must be met by you. Return the merchandise to us within 30 days of your original receipt of the order. For this date, please see your shipping receipt. You MUST contact Head Rock Racing for RMA Number. The products must be returned in new, resalable condition. You must include all original packaging materials. Packaging materials must not be torn or damaged. All manuals and warranty registration cards must be unmarked. Any programming MUST be reset back to factory default. You must pay any return shipping expense. Display the Return Material Authorization number (RMA) prominently on the outside of the box to avoid delays to your refund. After complying with the above mentioned terms (i.e., 30-days, Contact Head Rock Racing, Condition, Undamaged Original Packaging Material, Manuals and Registration Documents and Display RMA), please contact Head Rock Racing to obtain the mailing address in which you should mail your returned product to in order to obtain your refund. Please note that this address various from product to product that is sold at Head Rock Racing. You are responsible for all freight charges. However, you will be credited all reasonable and customary freight charges relevant to that item if product is damaged or defective or the wrong item was shipped. Please include the postal receipt in your return package. Upon receipt of the returned merchandise in good order in accordance with the above and within 30 days of original delivery, we will issue credit to your charge account. You may elect to receive store credit towards another purchase or to simply receive a refund. We will do our best to process the return quickly. Please allow 14-21 days for processing. Refunds will be credited to the original purchasing credit card account number, or by a store credit.

Shipping All orders placed on this Website are subject to product availability and will be shipped according to Head Rock Racing’s shipping policies. All orders are F.O.B. Head Rock Racing shipping facility. The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier and/or freight consolidator.

Venue and Applicable Law The Head Rock Racing’s Website is created, operated and controlled by Head Rock Racing in the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of San Diego County, California including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of California will also govern the Legal Notices and Disclaimers and Privacy Policy without giving effect to any principles or conflicts of laws.

Legal Notices and Disclaimers Please review the Head Rock Racing’s Legal Notices and Disclaimers HERE for information on such notices and disclaimers of the Head Rock Racing’s Website.

Privacy Please review the Head Rock Racing’s Privacy Policy HERE for information on the privacy practices of the Head Rock Racing’s Website.

Termination of Use Head Rock Racing may in its sole discretion terminate your use of the Head Rock Racing’s Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Head Rock Racing reserves the right to change, suspend, or discontinue all or any aspects of the Head Rock Racing’s Website at any time without prior notice.

Damages In no event shall Head Rock Racing, its affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.

Limitation of Liability By using the Head Rock Racing’s Website, you expressly agree that use of the Head Rock Racing’s Website is at your sole risk. The Head Rock Racing’s Website is provided on an “AS IS” and “as available” basis. Neither Head Rock Racing nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Head Rock Racing’s Website will be uninterrupted or error-free. Neither Head Rock Racing nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Head Rock Racing’s Website or the products or services offered for sale on the Head Rock Racing’s Website. Further, Head Rock Racing makes no representation that content provided on the Head Rock Racing’s Website is applicable to, or appropriate for use in, locations outside of the United States. Head Rock Racing and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Head Rock Racing or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. Under no circumstances shall Head Rock Racing or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Head Rock Racing’s Website, including but not limited to reliance by you on any information obtained from the Head Rock Racing’s Website that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of Head Rock Racing has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, its personal and financial data stored at Head Rock Racing, merchandise and services available through the Head Rock Racing’s Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Head Rock Racing reserves the right to make changes to the Head Rock Racing’s Website and its CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY at any time. Each time you use the Head Rock Racing’s Website, you must visit and review the then current CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY that apply to your transactions and use of this Website. If you are dissatisfied with the Head Rock Racing’s Website, its content or CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the Head Rock Racing’s Website. Tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.

Contact Information of Head Rock Racing’s Website You may contact us HERE.

Last Revision Date June 15, 2004