Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
Copyright © 2010 Love the Race Inc. All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed, or otherwise used, except with the prior express permission of Love the Race, Inc. (alternatively referred to as "Love the Race," "We," or "Us").

PIT TOOTSIE AND THE PIT TOOTSIE LOGO are trademarks or registered trademarks of Jeff Shulem, in the United States and other countries. (Shulem Marks). No use of these Shulem Marks may be made without the prior written authorization of Jeff Shulem, and its exclusive licensee Love the Race. All images, illustrations, designs, and artwork related to the Shulem Marks are copyrights, trademarks, trade dress and/or other intellectual property owed, controlled or licensed by Jeff Shulem. No license is granted with respect to these intellectual property rights, except to its exclusive licensee Love the Race.

Trademarks
PIT TOOTSIE AND THE PIT TOOTSIE LOGO are trademarks of Jeff Shulem, all pending or registered in U.S. Patent and Trademark Office. HTTP://WWW.PITTOOTSIE.COM, PITTOOTSIES, PIT-TOOTSIES, PITTOOTSIESWAG, PITTOOTSIEPROMOMODELS, PITTOOTSIERACING, LOVETHERACE, LUVTHERACE, are trademarks of Jeff Shulem, all pending or registered in U.S. Patent and Trademark Office.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Love the Race disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Love the Race does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Love the Race does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Love the Race shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Love the Race has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Love the Race product is mistakenly listed at an incorrect price, Love the Race reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Love the Race reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Love the Race shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Love the Race without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Love the Race may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Love the Race.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Love the Race products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Love the Race products) must be commenced within one (1) year after the claim or cause of action arises. Love the Race's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Love the Race may assign its rights and duties under this Agreement to any party at any time without notice to you.

Participation Disclaimer
Love the Race does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Love the Race is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Love the Race reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Love the Race in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Love the Race, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Love the Race may link to sites operated by third parties. However, even if the third party is affiliated with Love the Race, Love the Race has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Love the Race. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Love the Race seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).