Terms & Conditions

3. Return and Refund Policy

3.1 Returns

We want you to be satisfied with your purchase. If you are not completely satisfied with a product purchased from shop.polkracing.com, you may return it within 30 days of receipt for a refund or exchange, subject to the following conditions:

• Products must be unused, in original condition, and in original packaging
• Certain items may be non-returnable (custom orders, clearance items, etc.)
• Return shipping costs are the responsibility of the customer unless the return is due to our error

3.2 Refund Process

Approved refunds will be processed within 5 business days and credited to the original payment method. Shipping charges are non-refundable unless the return is due to our error.

3.3 Damaged or Defective Products

If you receive a damaged or defective product, please contact us immediately at help@polkracing.com with your order number and photos of the damage. We will arrange for a replacement or full refund, including return shipping costs.

4. Intellectual Property Rights

4.1 Content Ownership

All content on the Sites, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, digital downloads, data compilations, and software (collectively, “Content”), is the property of Polk Racing or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Sites and Content for personal, non-commercial purposes only. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any Content except as expressly permitted
• Use any Content for commercial purposes without our express written consent
• Remove or alter any copyright, trademark, or other proprietary notices
• Access or use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks

4.3 Trademarks

“Polk Racing” and related logos, product names, and service names are trademarks of Polk Bros Racing. You may not use these trademarks without our prior written permission.

5. User-Generated Content

5.1 Submissions

The Sites may allow you to submit reviews, comments, photos, or other content (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

5.2 Restrictions

You represent and warrant that your User Content:

• Does not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights
• Does not contain libelous, defamatory, or otherwise unlawful material
• Does not contain viruses or other malicious code

We reserve the right to remove any User Content that violates these Terms and Conditions or that we find objectionable in our sole discretion.

6. Disclaimers and Warranties

6.1 AS-IS Basis

THE SITES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, POLK RACING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantees

We do not warrant that:

• The Sites will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Sites will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Sites will meet your expectations
• Any errors in the Sites or Content will be corrected

6.3 Use at Your Own Risk

Your use of the Sites is at your sole risk. If your use of the Sites or Content results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLK RACING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, “PROTECTED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Sites or Content
• Any products or services purchased or obtained through the Sites
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Sites
• Any other matter relating to the Sites

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Polk Racing and the Protected Parties from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

• Your use of or inability to use the Sites
• Your violation of these Terms and Conditions
• Your violation of any rights of another party
• Your User Content

9. Third-Party Links and Services

The Sites may contain links to third-party websites, advertisers, or services that are not owned or controlled by Polk Racing. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Racing and Motorsports Disclaimer

10.1 Inherent Risks

You acknowledge that motorsports and racing activities involve inherent risks of property damage, serious bodily injury, or death. Products sold through shop.polkracing.com may be intended for racing or high-performance use.

10.2 Product Use

Products purchased from us are intended for off-road or racing use unless specifically designated as street-legal. You are solely responsible for ensuring that any products you purchase comply with applicable federal, state, and local laws and regulations. We make no representations or warranties regarding the legality of any products for street use.

10.3 Assumption of Risk

By purchasing products from shop.polkracing.com, you acknowledge and assume all risks associated with the use of such products in racing or motorsports activities.

11. Privacy

Your privacy is important to us. Please review our Privacy Policy at [INSERT PRIVACY POLICY URL], which explains how we collect, use, and protect your personal information. By using the Sites, you consent to the collection and use of your information as described in our Privacy Policy.

12. Export Control and Compliance

You agree to comply with all applicable export and import laws and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict of law provisions.

13.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms and Conditions or the Sites shall be brought exclusively in the federal or state courts located in [INSERT COUNTY AND STATE]. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

13.3 Dispute Resolution

Before filing any formal legal action, you agree to first contact us at [INSERT CONTACT EMAIL] to attempt to resolve the dispute informally.

14. General Provisions

14.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or policies published on the Sites, constitute the entire agreement between you and Polk Racing regarding your use of the Sites.

14.2 Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms and Conditions or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms and Conditions without restriction.

14.5 Survival

Provisions that by their nature should survive termination of these Terms and Conditions shall survive, including but not limited to warranty disclaimers, limitations of liability, and dispute resolution provisions.

15. Changes to Terms and Conditions

We reserve the right to modify or replace these Terms and Conditions at any time at our sole discretion. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect by posting a notice on the Sites or by sending you an email notification. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Sites after any revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new terms, you are no longer authorized to use the Sites.

16. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Polk Racing
6400 Brookville Rd Suite E, Indianapolis, IN 46219
Email: help@polkracing.com
Phone: 317-389-7944

Last Updated: 10/27/2025

Acknowledgment

BY USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SITES.