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Terms of Use

Last modified: 08.09.2022

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Edelbrock Group™ and its affiliated brands, including Edelbrock® LLC, COMP Cams®, FAST® (Fuel Air Spark Technology), TCI® Automotive, and Russell® Performance (”Company”, “Edelbrock”, “we”, or “us”) provide this and other websites (including websites not listed that are currently owned or previously owned by us), applications and other online services that are accessible through various desktop, tablet, and mobile web browsers from time to time) (collectively, “Websites” or "Site/s") subject to your compliance with these Terms of Use.

 

Acceptance of the Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE/S. These Terms of Use constitute an agreement between you and us. By using the Site/s you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Site/s.

 

The Site/s is/are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Site/s, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site/s.

 

Please note that these Terms of Use contain provisions that govern the resolution of claims between the Company and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. Please see the Legal Disputes section for complete details and review carefully.

 

Changes to the Terms of Use
We reserve the right, at any time, to change these Terms of Use, our Privacy Policy, and/or the Site/s. Changes, however, shall not apply retroactively to claims for which you or we have given notice. All changes are effective immediately when we post them and apply to all access to and use of the Site/s thereafter. Your use of the Site/s following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices, or statements regarding the Site/s. You are expected to check this page each time you access the Site/s, so you are aware of any changes, as they are binding on you. If we request, you agree to sign a non-electronic version of these Terms of Use.
 

We will notify you of any change to these Terms of Use by updating the date at the top of these Terms of Use.

 

Accessing the Site/s and Account Security
We reserve the right to withdraw or amend the Site/s, and any service or material we provide on the Site/s, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site/s is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site/s, or the entire Site/s, to users, including registered users.

You are responsible for ensuring that all persons who access the Site/s through your internet connection are aware of these Terms of Use and comply with them.

It is a condition of your use of the Site/s that all the information you provide on the Site/s is correct, current, and complete. You agree that all information you provide to register with the Site/s or otherwise, including but not limited to through the use of any interactive features on the Site/s, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

Intellectual Property Rights
The Site/s and its entire contents, features, and functionality (including but not limited to all information, software, text, images, graphics, displays, buttons, screenshots, video, audio, digitally downloadable files, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site/s for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site/s, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site/s for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Site/s.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site/s.

You must not access or use for any commercial purposes any part of the Site/s or any services or materials available through the Site/s.

If you wish to make any use of material on the Site/s other than that set out in this section, please address your request to [email protected]

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site/s in breach of the Terms of Use, your right to use the Site/s will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site/s or any content on the Site/s is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site/s not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks
The Company names and the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site/s are the trademarks of their respective owners. Prohibited Uses

You may use the Site/s only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site/s:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site/s, or which, as determined by us, may harm the Company or users of the Site/s or expose them to liability.

Additionally, you agree not to:

  • Use the Site/s in any manner that could disable, overburden, damage, or impair the Site/s or interfere with any other party’s use of the Site/s, including their ability to engage in real time activities through the Site/s.
  • Use any robot, spider, or other automatic devices, process, or means to access the Site/s for any purpose, including monitoring or copying any of the material on the Site/s.
  • Use any manual process to monitor or copy any of the material on the Site/s or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site/s.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site/s, the server on which the Site/s is/are stored, or any server, computer, or database connected to the Site/s.
  • Attack the Site/s via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

User-Generated Content
From time to time, the Site/s permits the submission of content, such as comments, blogs, videos, images, and product reviews, generated by you and other users ("User Content").

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, or ideas that you submit to or post or publish on the Site/s is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to the Company that: (i) your User Content does not violate any copyright, trademark, trade secret, patent, or other intellectual property rights, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize the Company to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate the Company’s Acceptable Use Policy set forth below.

As between you and the Company, you will retain all of your ownership rights in and to your User Content. By submitting User Content to the Company, you hereby grant to the Company a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that the Company (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Site/s a non-exclusive license to access your User Content through the Site/s and to use, access, watch, reproduce, distribute, transmit, forward, display, and perform such User Content in whole or in part, to the extent permitted by the Site/s under these Terms of Use.

The Company does not endorse any User Content, or any opinion, recommendation, or advice expressed therein. The Company reserves the right but is not obligated to monitor User Content or other content sent to or through the Site/s. The Company has the right to refuse, remove, edit, or delete any User Content and/or to terminate any user's access to the Site/s for any reason. The Company takes no responsibility for User Content.

 

Unsolicited Ideas
While the Company constantly strives to improve its products, services, technology, and promotional techniques, we must take steps to ensure our own ability to innovate. As such, it is our policy not to accept, review, or consider any unsolicited ideas, products, works, materials, proposals, artwork, content, or the like (“Submissions”) from anyone other than our employees, agents, and our existing suppliers and contractors. If you nevertheless provide us a Submission, then regardless of what your Submission says, you unconditionally agree that: (A) your Submissions along with related intellectual property rights will immediately upon submission become the sole and exclusive property of the Company, without compensation to you or any other person or party; (B) The Company can use, reproduce, disclose, publish and distribute the Submissions for any purpose whatsoever, without restriction and in any way; (C) there is no obligation for the Company to review the Submissions; and (D) there is no obligation to keep any Submissions confidential.

 

Social Media Tag Usage
By using #edelbrock, #edelbrockgroup, #edelbrockracing, #edelbrockfoundry, #egnation, #egnationlive, #edelbrockequipped, #power-speed, #powerspeedparts, #compcams, #comp, #compcamsofficial, #noCOMParison, #tci, #tciauto, #tciautomotive, #fast, #fuelairspark, #fuelairsparktechnology, #fastofficial, #russell, #russellperformance, #rhs, #racingheadservice, #zex, #zexnitrous, #COMPGoParts, #COMPGo, #vthunder, #inglese, #ingleseinduction,  @edelbrock, @edelbrockgroup, @edelbrockusa, @edelbrockperformance, @edelbrockracing, @edelbrockfoundry, @egnationlive, @compcams, @compcamsofficial, @compwins, @tciauto, @fastwins, @fastofficial, @russellperformanceproducts, @rhs, @racingheadservice, @zex, @zexnitrous, @vthunder, @ingles, @ingleseinduction and any other similar social media tag in any way related to any of the site/s, each user agrees to provide the company with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s) in any and all marketing materials, on sponsor’s websites, and through all social media channels. Each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.

 

Acceptable Use Policy
By submitting User Content and otherwise using the Site/s, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant the Company all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Site/s to harm any person or entity, including the Company; (iv) impersonate any person or entity, including but not limited to, a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site/s; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Site/s or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Site/s without their consent; (x) use the Site/s (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xi) use any of the Site/s in any manner that could overburden or impair any of the Site/s or the networks or systems connected to the Site/s; and/or (xii) use any device, software or instrumentality to interfere with the proper working of the Site/s or disobey any requirements, procedures, policies or regulations of networks connected to the Site/s.

You also agree that you will not violate or attempt to violate the security of the Site/s. Violations of system or network security may result in civil or criminal liability. The Company reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

 

Monitoring and Enforcement Termination
We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site/s.
  • Terminate or suspend your access to all or part of the Site/s for any or no reason, including without limitation, any violation of these Terms of Use (California law may be different, please see Your California Privacy Rights).
  • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site/s. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Reliance on Information Posted
The information presented on or through the Site/s is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information including pricing discrepancies. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site/s, or by anyone who may be informed of any of its contents.

The Site/s may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Site/s
We may update the content on the Site/s from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site/s may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Site/s
All information we collect on the Site/s is subject to our Privacy Policy. By using the Site/s, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.

 

Linking to the Site/s and Social Media Features
You may link to the Company homepage, provided you do so in a way that is fair and legal and does not damage the Company reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part without our express written consent.

The Site/s may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Site/s.
  • Send emails or other communications with certain content, or links to certain content, on the Site/s.
  • Cause limited portions of content on the Site/s to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by the Company and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Site/s that is/are not owned by you.
  • Cause the Site/s or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site/s other than the homepage without permission.
  • Otherwise take any action with respect to the materials on the Site/s that is inconsistent with any other provision of these Terms of Use.

The Site/s from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with the Company in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

 

Links from the Site/s
The Site/s may contain links to third-party websites that are not under the Company’s control. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Site/s, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Mobile Devices, SMS, and Mobile Applications
If you use a mobile device to access pages of the Site/s optimized for mobile viewing, opt-in to receive SMS (text messages) from the Company (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Site/s via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use. By opting in, you agree to receive promotional SMS text messages on your mobile device, message frequency varies. Our SMS text messaging programs may include promotional messages, shopping cart reminders, order updates, and authentication texts. Your consent is not required as a condition of purchasing any goods or services from the Company. You can opt out at any time and for any reason by following provided instructions or by texting "STOP" to the number associated with the SMS message. You will receive one further message confirming you are unsubscribed. After this, you will no longer receive SMS messages from the Company. If you wish to join again, you can opt in at any time. If you have any questions or require further assistance, you may respond "HELP" to the number associated with the SMS message. For more information, please contact us by emailing [email protected] (please reference "Questions about SMS"). By agreeing to receive SMS messages from the Company, you certify that you are over 16 years of age and (a) you are the authorized mobile account holder or (b) you have the authorized account holder's permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site/s or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details. Carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

 

Geographic Restrictions
We provide the Site/s for use only by persons located in the United States. We make no claims that the Site/s or any of its content is accessible or appropriate outside of the United States. Access to the Site/s may not be legal by certain persons or in certain countries. If you access the Site/s from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits.

 

Communications with the Company
For all communications made to or with the Company, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and the Company will have no obligation to protect your communications from disclosure; (ii) We will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) We will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

 

Disclaimer of Warranties
The Company intends for the information and data contained in the Site/s to be accurate and reliable, but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site/s and any information contained therein is at your sole risk.

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Site/s will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site/s for any reconstruction of any lost data.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site/s or any services or items obtained through the site/s or to your downloading of any material posted on it, or on any site/s linked to it.

Your use of the site/s, its content, and any services or items obtained through the site/s is at your own risk. The site/s, its content, and any services or items obtained through the site/s are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the site/s. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the site/s, its content, or any services or items obtained through the site/s will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site/s or the server that makes it available are free of viruses or other harmful components, or that the site/s or any services or items obtained through the site/s will otherwise meet your needs or expectations.

To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Limitation on Liability
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, distributors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site/s, any websites linked to it, any content (including user content) on the site/s or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise, and services available through the Site/s or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if the Company is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO THE COMPANY OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.

 

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site/s, including, but not limited to, your User Contributions, any use of the Site/s’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site/s.

 

Copyright Policy Governing Law and Jurisdiction
All matters relating to the Site/s and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

 

Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.

 

Agreement to Binding Arbitration; Class Action Waiver
Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and the Company, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ' Company ') arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website owned or operated by the Company and its affiliated brands; or (3) any products or services sold or distributed by the Company and its affiliated brands or through any Site/s owned or operated by the Company and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.

 

Mandatory Informal Dispute Resolution
The Company values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to the Company by email at [email protected] If the Company has a dispute with you, the Company agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for the Company to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. The Company’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of the Company’s dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and the Company agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should the Company request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or the Company may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or the Company. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

 

Initiating Arbitration and Arbitration Rules
Any arbitration between you and the Company shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address [email protected] If NAM is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section. If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.

To begin an arbitration proceeding, you must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to NAM (or to AAA if it is the administrator as set forth above). You must personally sign your demand for arbitration. You agree to also send the Company a copy of your demand for arbitration at [email protected] If the Company initiates arbitration, we will send a copy of our demand for arbitration to your email address on file with us.

You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another location reasonably convenient for you, or at a mutually agreed-upon location. The Company reserves the right to request an in-person or videoconference hearing at any point within 14 days after its deadline to file any answer. After that time, the Company retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if you are represented). Should a hearing take place in person, it shall take place consistent with the geographic parameters set forth above.

 

Arbitration Fees
Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, the Company will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or AAA) Rules.

 

Arbitration Authority
The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

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) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms of Use as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and the Company and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the NAM Rules (or the AAA Rules if AAA is the designated administrator as set forth above) or to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.

 

Sole Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or the Company may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Jury Trial and Class Action Waiver
Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and the Company acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and the Company may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis and may each bring claims against the other only in your or its individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.

 

Special Additional Procedures for Mass Arbitration
If 25 or more individuals seek to initiate arbitrations with the Company raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinated (“Mass Claims”), you and the Company agree that these additional procedures shall apply, along with the applicable NAM Rules (or the applicable AAA Rules if AAA is the administrator as set forth above). You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for the Company shall each select 15 cases (per side) to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. In the meantime, no other cases may be filed or deemed filed in arbitration, and the arbitration administrator shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may select another 15 cases (per side) to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. This process shall continue consistent with this staged process of administering and moving forward a maximum of 30 individual arbitration proceedings at a time until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.

 

Other
To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.

 

Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Site/s, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

 

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE/S MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

ADA Accessibility Commitment
The Company is committed to providing Site/s accessible to the widest possible audience, regardless of technology or ability. We are actively working to improve the accessibility and usability of the Site/s and in doing so adhere to many of the available standards and guidelines.

 

Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Site/s and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

These Terms of Use set forth the entire Agreement between you and the Company with respect to use of the Site/s and supersede any prior agreements between you and the Company relating to such subject matter. The Terms are not assignable, transferable, or sublicensable by you except with the Company's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site/s or information provided to or gathered by the Company with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

 

The Company’s Copyright Policy
This Copyright Policy describes the Company's policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on www.edelbrockgroup.com, www.edelbrock.com, www.russellperformance.com, www.compcams.com, www.tciauto.com, www.fuelairspark.com, www.racingheadservice.com, www.zex.com, www.powerhouseproducts.com and their related domains (collectively, the "Site/s").

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. The Company complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit https://www.copyright.gov/ for details about current DMCA requirements.

 

Notification of Alleged Copyright Infringement
If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send the Company a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

  1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site/s are covered by a single notification, you may provide a representative list of such works on the Site/s; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
  2. Identification of the URL or other specific location on the Site/s that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
  3. Your name, address, telephone number and email address (if available);
  4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf;
  5. A statement that you have a good faith belief that use of the material on the Site/s as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
  6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to [email protected] (please reference ATTN: Copyright Agent "Edelbrock DMCA Notice")

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Site/s are infringing a copyright.

 

Counter Notification
If you believe in good faith that your own copyrighted material has been removed from the Site/s as a result of mistake or misidentification, you may submit a written counter notification letter to the Company's Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or in Delaware if your address is outside the United States;
  3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
  4. Your name, address and telephone number;
  5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
  6. Your physical or electronic signature.

You may submit your counter-notification to the Company's Copyright Agent by mail or email as set forth below:

Howard & Howard

Attn: Zachary T Gordon

3800 Howard Hughes Pkwy Suite 100

Las Vegas, NV 89169

Email: [email protected] (please reference "Edelbrock DMCA Notice")

Upon receipt of a counter notice, the Company's Copyright Agent may send a copy of it to the original complaining party informing that party that the Company may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against the Company, the removed content may be replaced or access to it restored by the Company.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

 

Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Site/s should be directed to our customer service team, at 800.416.8628.

 

EDELBROCK GROUP ONLINE PRIVACY STATEMENT

Last modified: 08.09.2022

Edelbrock Group respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit this website and our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

Introduction
This Privacy Policy applies to your use of our websites and mobile websites (together, the “Website” or "Site/s") and our mobile applications (together, the "App," and together with the Site/s, the "Service"). The Service includes websites and mobile applications operated by Edelbrock Group and its affiliated brands, including edelbrockgroup.com, edelbrock.com, egnation.com, edelbrockfoundry.com, compcams.com, tciauto.com, fuelairspark.com, russellperformance.com, racingheadservice.com, zex.com, and powerhouseproducts.com ("Edelbrock Group", "We,” the Company," or "Company").

This Privacy Policy also applies to the information you provide to us after being presented with or directed to this Privacy Policy. This could be, for example, when you share your information with our service representatives (e.g., a customer service agent) or send us a letter, email, or chat.

This policy applies to the information we collect:

  • On our Site/s.
  • In email, text, and other electronic messages between you and the Site/s.
  • When you interact with our applications on third-party websites and services; if those applications include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by us; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site/s.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site/s. By accessing or using the Site/s, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Site/s after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Children Under the Age of 16
Our Site/s is/are not intended for children under 16 years of age. No one under the age of 16 may provide any personal information on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on the Site/s. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected].

 

Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Site/s, including the following information:

  • By which you may be personally identified, such as name, postal address, e-mail address, password, telephone number, or any other identifier by which you may be contacted online or offline (”personal information”);
  • That is about you but individually does not identify you (such as date of birth, gender, location);
  • Your internet connection, the equipment you use to access our Site/s, and usage details;
  • Your payment information (such as credit/debit card number, security/CVV code, and expiration date);
  • Your financing information (such as social security number, date of birth, income, and W-9) directly or through a third-party;
  • Your communications and contact history with us (such as technical support calls recordings, chat/instant messages, or communications with our social channels); and/or
  • Other information (such as product reviews, forum posts, survey responses, participation in promotions, contingency award reporting, and other user-generated content)

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Site/s. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide To Us
The information we collect on or through our Site/s may include:

  • Information that you provide by filling in forms on our Site/s. This includes information provided at the time of subscribing to our service or requesting further services. We may also ask you for information when you enter a contest, contingency award program, or promotion sponsored by us, and when you report a problem with our Site/s.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.

Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Site/s, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Site/s, including traffic data, location data, logs, and other communication data, and the resources that you access and use on the Site/s.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information. It helps us to improve our Site/s and to deliver better and more personalized service by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Site/s according to your individual interests.
  • Recognize you when you return to our Site/s.
  • Provide customer service and process returns. We use your saved products to help you make a purchase, and we use your purchase history to uphold our contract with you.
  • Create and maintain a secure environment. We use automatically-collected information to comply with applicable laws and to measure the adequate performance of our contract with you.
  • Analyze, train, and quality assurance. We may use automatically-collected information to train our staff, perform internal analytics, detect and prevent fraud and improve our services and offerings.
  • Communicate, market, and advertise. We may use automatically-collected information such as cookies and similar technologies to provide the most relevant advertising to you.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the browser of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Site/s. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site/s.

How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Site/s and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To notify you about changes to our Site/s or any products or services we offer or provide through it.

How We Store Your Information
We will keep your information for as long as you have an account or as long as we need it to fulfill the purpose for which it was collected or disclosed to you at the time of collection. We may also keep some of your information as required to meet legal or regulatory requirements, resolve disputes, prevent fraud or abuse, enforce our Terms of Use, or for other permissible purposes. When we no longer have a need to keep your information, we will either delete it from our systems or anonymize it so that it no longer identifies you.

 

Disclosure of Your Information
We may disclose personal information that we collect, or you provide, as described in this privacy policy:

  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use an “email a friend” feature of our Site/s, we will transmit the contents of that email and your email address to the recipients.
  • We may also disclose your personal information to comply with any court order, law, or legal process, including to respond to any government or regulatory request.

Financing Providers
If you choose to apply for a financing product offered by a financing provider, we collect some of your financing information on behalf of that provider. Once you have completed the application form, we send the data to the financing provider and delete it immediately from our systems, except for information we need to keep in order to provide services to you. We will not store your financing information for any other purpose.

 

Blogs, Reviews, Forums, and Comments
We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our Site/s can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personally identifiable information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Site/s.

 

Direct Marketing and Behavioral Advertising
We may directly send you marketing communications and materials by email, postal mail, and other channels to keep you informed of new products, promotions, contingencies, and to provide other information we think may be of interest to you. You can stop receiving direct marketing messages from us at any time by clicking any "unsubscribe" link in any marketing message you receive from us.

Please note that it may take up to seven days to process your request and update our systems. Note that if you request that we stop sending you marketing messages, we will continue to send you administrative and service communications (such as order updates and other important or transactional information).

Please note that if you use more than one name or email address when communicating with the Company or using the Site/s or App/s, you may continue to receive communications from us to any name or email address not specified in your opt-out request.

 

Keeping Your Information Secure
We maintain reasonable and appropriate security measures to protect your electronic personal information stored on our systems. We do not store your credit card information on our system; it is only used to process your transaction. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

 

Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. California residents may have additional personal information rights and choices. Please see below for more information.

 

Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit California Consumer Privacy Act at https://oag.ca.gov/privacy/ccpa

 

Information for Visitors from Outside of the United States
The Site/s is/are hosted in the United States. If you are visiting the Site/s from outside the United States, your information may be transferred to, stored, and processed in the United States in accordance with this Privacy Policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to the transfer of your information to our facilities as described in this Privacy Policy.

 

Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will change the date of the policy identified at the top of the page. You are responsible for periodically visiting our Site/s and this privacy policy to check for any changes.

 

Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected].

 

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: 08.09.22

This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

 

Information We Collect
Our Site/s has/have collected in the last 12 months, information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”).  Our website collects the following categories of personal information from its consumers.

Category

Examples

Collected

Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers

YES

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).     

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

YES

Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES

Commercial information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

YES

Biometric information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data

NO

Internet or other network activity

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

Geolocation data

Physical location or movements

YES

Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information

NO

Professional or employment-related information

Current or past job history or performance evaluations

NO

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records

NO

Inferences drawn from other personal information

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

YES

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete on our Site/s.
  • Indirectly from you. For example, from observing your actions on our Site/s or interactions with our advertisers.

Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns, and monitor and improve our responses.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information
The Company may disclose your personal information to a third party for business purposes. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential, and not use it for any purpose except performing the contract.

 

Sales of Personal Information
The Company does not sell and has not sold personal information in the last 12 months.

 

Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased;
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights
You have the right to request that the Company delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our Site/s. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site/s that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message to [email protected].

 

Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will update the notice’s effective date. Your continued use of our Site/s following the posting of changes constitutes your acceptance of such changes.

 

Contact Information
If you have any questions or comments about this notice, the ways in which the Company collects and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as follows:

  • Via our Site/s: please send us an electronic message through our Site/s.
  • Write us at the address listed on our Edelbrock Group Contact Page.