Terms of service

OVERVIEW

Welcome to RC Torque. The terms “we,” “us,” and “our” refer to RC Torque. RC Torque operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). RC Torque is powered by Shopify technology, which enables us to offer the Services.

The following Terms and Conditions, and all policies referenced in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover matters such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or with the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside, and that you have given permission for any minors in your care to use the Services on devices that you own, purchase, or manage.

To use the Services — including accessing our online stores, browsing them, or purchasing any product or service — you may be required to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, or assign your account to another person, or grant licenses relating to that account.

SECTION 2: OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. However, you should be aware that the colors or appearance of a product may differ from what you see on your screen due to your device type and its settings.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is shown in our online stores.

All product descriptions may change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities offered to any person, geographic region, or jurisdiction.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. RC Torque reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be considered accepted until RC Torque confirms its acceptance. We must receive and process your payment in order to accept your order. Please review your order carefully before shipment, as RC Torque may not be able to fulfill cancellation requests once the order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number you provided when placing the order.

Your purchases will be subject to returns or exchanges solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use only, and not for resale or commercial export.

SECTION 4: PRICING AND BILLING

Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and it will be reflected in the order confirmation email you receive. Shipping is free on all orders. Unless expressly stated otherwise, posted prices do not include taxes, customs duties, or import tariffs.

The prices you see in our online stores may differ from those offered in physical, online, or third-party stores. From time to time, we may offer promotions for the Services that affect pricing and that are governed by terms different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.

For all purchases made in our stores, you agree to provide purchase, payment, and account information that is current, complete, and accurate. You agree to promptly update your account information and other details — such as your email address and your credit card numbers and expiration dates — so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provided is true, correct, and complete; (ii) you have the authorization required to use that card for the purchase; (iii) your card issuer will cover the charges you incur; and (iv) you will pay the charges you incur at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by carriers, customs procedures, or events beyond our control. Once we deliver the products to the carrier, risk and title pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, trade names, text, samples, images, graphics, product reviews, audio and video, and the design, selection, and arrangement of all of the foregoing, are the property of RC Torque, its affiliates, or its licensors, and are protected by domestic and international intellectual property laws.

These terms permit you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, include in public demonstrations, republish, download, store, or transmit the material contained in the Services without our prior written consent. Unless explicitly stated, nothing in these Terms grants you any license or right under the patents, trademarks, copyrights, or other intellectual property of RC Torque, Shopify, or third parties. Unauthorized use of the Services may violate intellectual property laws. RC Torque reserves all rights not expressly granted herein.

The RC Torque names, logos, products, and slogans are trademarks of RC Torque, its affiliates, or its licensors. You may not use those trademarks without prior written permission from RC Torque. The Shopify names, logos, products, and slogans are trademarks of Shopify. All other trademarks used in connection with the Services belong to their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, we may give you access to third-party tools over which we have no control or oversight.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or endorsements of any kind. We will not be liable for any issues arising from your use of those third-party tools.

You assume the risk of using such tools at your sole discretion, and you should make sure you are familiar with and accept the terms under which the third-party provider offers those tools.

In the future, we may also offer new features through the Services (including new tools and resources). These new features will also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials from and links to third-party websites (including embedded functionality). We do not review, evaluate, or assume responsibility for the accuracy or completeness of any third-party materials or websites you access. If you choose to leave the Services to access them, you do so at your own risk.

We are not responsible for any harm or damages related to your access to third-party sites or your purchase or use of third-party products or services. Your claims, concerns, or questions regarding third-party products or services should be directed to the relevant provider.

SECTION 9: RELATIONSHIP WITH SHOPIFY

RC Torque is powered by Shopify technology, which enables us to offer the Services. However, any purchase made through our store is between you and RC Torque directly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of those sales, including any damages, losses, or injuries resulting from the products or services you purchase. You hereby release Shopify and its affiliates from any claim, damage, or liability arising from your purchases or transactions with RC Torque.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain information may also be subject to Shopify's Privacy Policy, which you may review. By using the Services, you acknowledge that you have read those policies.

Because the Services are hosted on Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. In order to provide the Services, the information you submit will be transmitted to Shopify and to third parties that may be located outside your country. For more information about how we use personal information, please review our Privacy Policy.

SECTION 11: COMMENTS AND SUGGESTIONS

If you submit, upload, post, email, or transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial purposes. For example, we may use this license to administer, evaluate, optimize, improve, and promote the Services, and to enforce our rights under the Terms of Service.

You also represent and warrant that: (i) you own all rights in your Feedback; (ii) you have disclosed any compensation or incentive received in providing that Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to (1) maintain the confidentiality of your Feedback; (2) compensate you for that Feedback; or (3) respond to the Feedback.

We may, at our discretion, monitor, edit, or remove Feedback that we consider unlawful, offensive, threatening, defamatory, pornographic, inappropriate, or in violation of third-party rights or the Terms of Service, without any obligation to do so. You agree that your Feedback will not violate any third-party rights, and will not contain defamatory, unlawful, abusive, or obscene content, or viruses or other malware. You will not use a false email address, impersonate another person, or mislead as to the origin of the Feedback. You are responsible for your Feedback and for its accuracy. We are not responsible for Feedback posted by you or by third parties.

We may control the defense or settlement of any claim at your expense (including choice of counsel) without your consent, provided it does not impose non-monetary obligations on you.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

From time to time there may be information in the Services that contains typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or cancel orders even after they have been placed, without prior notice.

SECTION 13: PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services, directly or indirectly:

a) for any unlawful or harmful purpose;
b) to violate local, national, or international laws;
c) to infringe your own or others' intellectual property rights;
d) to harass, abuse, offend, defame, or intimidate others;
e) to transmit false or misleading information;
f) to upload, download, use, or reuse content that does not comply with these Terms;
g) to facilitate the sending of bulk email, spam, or similar content;
h) to impersonate anyone or misrepresent your affiliation with a person or entity;
i) to engage in conduct that limits or prevents others from using the Services, or that harms RC Torque, Shopify, or users of the Services, or exposes them to liability.

In addition, you may not:

a) upload or transmit viruses or malicious code;
b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
c) collect or track the personal information of others;
d) engage in unsolicited advertising (spam), phishing, fraud, or web scraping;
e) interfere with or circumvent security features of the Services, the website, or other systems.

We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated these Terms.

SECTION 14: TERMINATION

We may terminate this Agreement or suspend your access to the Services (or any part of them) at our sole discretion at any time, without prior notice, and you will remain liable for any amounts owed up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of that information. Any reliance you place on this information is at your own risk. We disclaim all liability arising from your use of these materials or the use of them by any visitor to the Services.

EXCEPT AS EXPRESSLY PROVIDED BY RC TORQUE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED WARRANTIES MAY NOT BE PERMITTED, so this clause may not fully apply to you.

SECTION 16: LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RC TORQUE, OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM ANY CAUSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) AVAILABLE THROUGH THE SERVICES.

SECTION 17: INDEMNIFICATION

You agree to defend, indemnify, and hold harmless RC Torque, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, claim, or expense (including reasonable attorneys' fees) arising from (1) your breach of these Terms of Service or of any documents incorporated by reference; (2) your violation of any law or third-party rights; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification, although our failure to notify you promptly will not relieve you of your obligations unless you suffer material prejudice. We may, at our discretion, control the defense or settlement of that claim at your expense (including choice of counsel), but we may not settle claims that impose non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You agree to cooperate with our defense by providing relevant documents, among other things.

SECTION 18: SEVERABILITY

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law, that provision will be construed to the fullest extent permitted by applicable law, and the remainder of these Terms will remain in full force and effect.

SECTION 19: WAIVER; ENTIRE AGREEMENT

The failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we post on this site regarding the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services. They supersede all prior agreements (oral or written).

In the event of any ambiguity in the interpretation of these Terms, they will not be construed against the drafting party.

SECTION 20: ASSIGNMENT

You may not assign, transfer, or delegate this Agreement or your rights or obligations under these Terms without our prior written consent; any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21: GOVERNING LAW

These Terms of Service and any separate agreement under which we provide you the Services will be governed by the laws of the jurisdiction in which RC Torque is located, without regard to conflict-of-laws principles. You and RC Torque irrevocably submit to the exclusive jurisdiction of the courts of that jurisdiction.

SECTION 22: HEADINGS

The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting changes on our site. It is your responsibility to check our site periodically for updates. We will notify you of material changes where required by law, and those changes will be effective on the date indicated. Your continued use of the Services after those changes means that you accept the new Terms.

SECTION 24: CONTACT INFORMATION

If you have questions about these Terms of Service, please contact us at:
rctorque.store@gmail.com
Our contact information is above.