Winter.2015.2

 

PKRA.com User Agreement

The following describes the terms on which PKRA.com offers you access to our services.

Introduction

Welcome to PKRA.com. By using the services on the PKRA.com websites (PKRA.com.com and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the “Agreement” or “User Agreement”) with PKRA.com Inc. and the general principles for the websites of our subsidiaries. If you have any questions, please refer to the Help section on the Sites.

Before you may become a registered user of PKRA.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on December 1st, 2006, for current users, and upon acceptance for new users.

Using PKRA.com

While using the Sites, you will not:

  • post content or items in an inappropriate category or areas on the Sites
  • violate any laws, or third party rights. As a registered PKRA.com user, you are ultimately responsible for making sure that buying or selling an item is legal in the eyes of the law.
  • use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to PKRA.com;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm PKRA.com, or the interests or property of PKRA.com users;
  • copy, modify, or distribute content from the Sites and PKRA.com’s copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing PKRA.com

PKRA.com strives to keep its Sites working properly. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Fees and Services

Joining PKRA.com is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability

You will not hold PKRA.com responsible for other users’ actions or inactions, including things they post. The Sites are a venue to allow anyone to offer, sell, and buy Karting related items. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Arizona State law which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to PKRA.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of PKRA.com and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the PKRA.com Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the PKRA.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on PKRA.com’s national registered agent (in the case of PKRA.com) or to the email address you provide to PKRA.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and PKRA.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PKRA.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PKRA.com must be resolved by a court located in Arizona, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, Arizona for the purpose of litigating all such claims or disputes.

Refunds and Return Policy

You may return undamaged items purchased at PKRA within 30 days of the original delivery. We will pay the return shipping costs if the product is defective or the return is a result of our error. If the item is returned for any other reason, you are responsible for the return shipping amount. No returns will be accepted after 30 days. We will credit you in the same manner as your original payment within 7 days of receiving the returned item.
The following items may not be refunded:

  • PKRA memberships are non refundable.
  • Refunds for race events must be requested prior to the start of the event.

Mail authorized returns to the following address:

Phoenix Kart Racing Associaion, Inc.
20118 N. 67th Ave., #300-179
Glendale, AZ 85308

For questions regarding our return policy please contact us at .

General

PKRA.com, is located at 20118 N. 67 th Ave, #300-179. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Sites. Additionally, we will notify you through the Sites. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Arizona Department of Consumer Affairs by contacting them in writing at

2910 N. 44th Street, Suite 310
Phoenix, AZ 85018
or by telephone at (800) 544-0708.