Terms and Conditions

The following are terms and conditions of a legal agreement between you and Lowdoller Motorsports LLC. and its affiliates (collectively, “Lowdoller”, “we”, “us” or “our”). These terms and conditions govern all orders and purchases you make from us, all services we may provide, if any, ( “Services”) and the use of  the lowdoller-motorsports.com website (the “Website” or “Site”).

Read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions of this agreement, then you may not access the Website or use any Services.

By using the Lowdoller Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the Lowdoller Services and Website. Lowdoller may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of the Site shall be deemed your conclusive acceptance of the modified terms and conditions. However, contracts concluded on the basis of previous terms and conditions remain unaffected but you have to prove the terms which are applicable.

Account Terms

You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use lowdoller-motorsports.com only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.

Disclaimer

LOWDOLLER MAKES NO WARRANTIES REGARDING PRODUCTS IT SELLS OR SERVICES IT PROVIDS, AND ALL PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” BASIS. LOWDOLLER MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, LOWDOLLER HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Use of the Lowdoller Website

Intellectual property and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with Lowdoller or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Lowdoller is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.

This Website may provide links to other websites that are not under the control of Lowdoller. Lowdoller shall not be responsible in any way for the content of such other websites. Lowdoller provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Lowdoller of the content of such websites.

Since the Lowdoller Service is a web-based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.

Lowdoller goes to great lengths to provide a highly secure website; however, customers are responsible for their own internet usage, fees, system security, and use the Lowdoller website at their own risk.

Consent to Use of Personal Data

By using our Services you agree that Lowdoller may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with the Lowdoller Privacy Statement. For more information please read the Privacy Policy.

Limitation of Liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Lowdoller Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

LOWDOLLER WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE.  OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY LOWDOLLER FOR THE RELEVANT ORDER.  Nothing in these Terms and Conditions shall limit or exclude our liability for any liability which cannot be excluded by law.

Applicable Law

These Terms and Conditions shall be governed by the laws of Indiana, USA, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Indiana, USA. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the Lowdoller Services or Website or relating to the models ordered and delivered, shall be brought in the federal and state courts located Indiana, USA.  You consent to personal jurisdiction and venue in the federal and state courts located Indiana, USA. The United Nations Convention on the International Sale of Goods shall not apply to the Lowdoller Services or Website.

Indemnification

You agree to indemnify and hold Lowdoller and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys’ fees) arising from or relating to any claims that result from your breach of these Terms and Conditions, or from claims by you or a third party that products supplied by Lowdoller are defective or subject to a claim of products liability or infringe a third party intellectual property right.

Change of the Website, the Services and these Terms and Conditions

Lowdoller reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.

Miscellaneous

These Terms and Conditions, together with the Privacy Statement and any other policies posted by Lowdoller represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and Lowdoller. No amendment of these Terms and Conditions shall be binding upon Lowdoller unless in writing and signed by Lowdoller. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.

Contact Information

If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to sales@lowdoller-motorsports.com.

Notice Take Down

In order to cooperate with and protect intellectual property right owners, we implemented the following notice take down system. In case you find content on the Lowdoller website which you think is inappropriate, might infringe your intellectual property right or does not comply to our content policy, please notify us.

In the email please indicate the allegedly infringing content, a statement on why you believe that the use of the content is not authorized by the copyright holder and some identifying information about yourself so that we can contact you. We will investigate the reported content and decide whether, according to Lowdoller, the claim is deemed to be valid and the content needs to be removed.

Lowdoller has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

Procedure for Reporting Infringement

If you believe that material or content residing on or accessible through the Lowdoller Website infringes intellectual property, please send a notice of intellectual property infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that has been allegedly infringed; Identification of works or materials being infringed;
2. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that Lowdoller is capable of finding and verifying its existence;
3. Contact information about the notifier including address, telephone number and, if available, e-mail address;
4. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law; and
5. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property owner.

Please contact the Designated Agent to Receive Notification of Claimed Infringement:

Lowdoller Motorsports LLC
Attn: Member
13440 Livingston Road
Aurora, IN 47001

 

Procedure to Supply a Intellectual property Counter-Notice to the Designated Agent:

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the content infringes on the intellectual property, please contact an attorney before contacting Lowdoller.

If you believe that your content does not infringe any intellectual properties, you must send a counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the content yourself. The counter-notice must contain the following information to the Designated Agent listed below.

1. Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement, under penalty of perjury, that the you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Lowdoller is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Designated Agent, Lowdoller may send a copy of the counter-notice to the original complaining party informing that person that Lowdoller may replace the removed content or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against the user, the removed content may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Lowdoller’s discretion.

Please contact Lowdoller’s Designated Agent to submit Notifications of Claimed Infringement and Intellectual property Counter-Notices at the following address:

Lowdoller Motorsports LLC
Attn: Member
13440 Livingston Road
Aurora, IN 47001

Disputes, Binding Arbitration and Waiver of Class Actions and Class Arbitrations.

Disputes. The terms of this Section shall apply to all Disputes between you and Lowdoller. The term “Dispute” is meant to have the broadest meaning permissible under law and includes any dispute, claim, controversy or action between you and Lowdoller arising out of or relating to this Agreement, Lowdoller Services, or other transaction involving you and Lowdoller, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, provided however that “Dispute ” DOES NOT INCLUDE: (a) IP CLAIMS, or more specifically, a claim or cause of action for (i) trademark infringement or dilution, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trade secret misappropriation (an “IP Claim”); or (b) a claim by Lowdoller against you for payment of amounts you owe (a “Collections Claim”). You and Lowdoller also agree, notwithstanding this Section that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim.

Binding Arbitration. You and Lowdoller agree that all Disputes shall be resolved by binding arbitration according to this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. Pursuant to this Agreement, binding arbitration shall be administered by JAMS, a nationally recognized arbitration authority, pursuant to its code of procedures then in effect, but excluding any rules that permit joinder or class actions in arbitration. You and Lowdoller understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section, (b) this Agreement memorializes a transaction in interstate commerce, and (c) this Section shall survive termination of this Agreement.

Pre-Arbitration Steps and Notice. Before submitting a claim for arbitration, you and Lowdoller agree to try, for sixty (60) days, to resolve any Dispute informally. If Lowdoller and you do not reach an agreement to resolve the Dispute within the sixty (60) days, you or Lowdoller may commence an arbitration. Notice to Lowdoller must be addressed to: Lowdoller Motorsports LLC, Attn: Member, 13440 Livingston Road, Aurora, IN 47001. The Dispute Notice to you will be sent to the most recent address Lowdoller has in its records for you. For this reason, it is important to notify us if your address changes by writing us at the Lowdoller Address above. Notice of the Dispute shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). Following receipt of the Dispute Notice, Lowdoller and you agree to act in good faith to resolve the Dispute before commencing arbitration.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND LOWDOLLER AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.  Notwithstanding the foregoing, each party acknowledges that it is possible for third parties to file class action lawsuits against the either party, and should that happen, the party sued might have rights against the opposite party.  However, each party agrees that it will not be a class member in a class action lawsuit against the other.

Arbitration Procedure. If you or Lowdoller commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for an IP Claim or a Collections Claim, which are excluded from the definition of “Disputes” above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator may award you the same damages as a court could, and may award declaratory or injunctive relief 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. In some instances, the costs of arbitration can exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Dearborn or Clark counties, Indiana, at your option.

1. Initiation of Arbitration Proceeding. If either you or Lowdoller decides to arbitrate a Dispute, both parties agree to the following procedure:
   (i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
   (ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS, 71 S. Wacker Drive, Suite 2400, Chicago, IL 60606 U.S.A.
   (iii) Send one copy of the Demand for Arbitration to the other party (same address as the Dispute Notice), or as otherwise agreed by the parties.
   B. Hearing Format. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Lowdoller is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
   C. Arbitration Fees. All JAMS filings fees for any arbitration shall be paid by the party initiating arbitration and the charges for any arbitrator shall be split equally between us.

Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect.

Last updated: May 6, 2024