Terms of service

PLEASE READ THESE TERMS CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF OUR BRAND "BAAD RACING™" -  (Marton Brothers LLC) WEBSITE AND SERVICES. THESE TERMS LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. This website is operated by Marton Brothers LLC (“BAAD RACING™”). Throughout the website, the terms “we,” “us,” and “our” refer to Marton Brothers LLC (“BAAD RACING™”) and its affiliates, successors, and assigns. The words “you” and “your” refer to each individual user accessing and using our website and services. Marton Brothers LLC (“BAAD RACING™”) offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our website and/or purchasing products from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users engaging in our Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Products or Service. By accessing or using any part of our Products or Service, you agree to be bound by these Terms.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION #1: GENERAL CONDITIONS. 
By using our Service you are representing you are 18 years of age or older and are legally capable to enter into contracts. We will not be liable for any damages that may result from misrepresentation of age by a user of our website. We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree NOT to reproduce, duplicate, copy, sell, resell or exploit any portion of our Products or Service, use of the Service, or access to our Products or Service or any contact on the website through which the Products or Service is provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION #2: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION #3: PRODUCTS
Through our website we offer a variety of RC products for sale. We cannot guarantee the availability of a particular product at any particular time. We reserve the right to change our product offerings on the website, without notice, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the website from time to time in our sole and absolute discretion.
We attempt to be as accurate as possible when describing products. We do not warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

You understand that by purchasing our products, that you intend to use them at your own risk. That although our products are machined with top quality and performance in mind, if you subject them to any sort of use outside the scope of their intended capabilities that damage may occur to them and also your vehicle, and that you are ultimately responsible for this. And that if used improperly or outside the scope of original product capability, the warranty may be subject to void.

We are NOT responsible or liable for damage to our parts after they have been delivered to you; or any damage that your vehicle may have incurred while using our products. We are also NOT responsible or liable for ANY damage that may occur or be inflicted upon anyone or any type of property or personal property that may have come in contact with your vehicle while using our products.

You understand that we are NOT responsible or liable for any type of physical injury or death to you or anyone else that may occur by using our products. That by using our products you do so at your OWN risk and are responsible for using them in the intent they were created for. We are NOT responsible or liable for your actions or your ability to safely use your RC vehicle as well as our products; and the way you ultimately use or misuse our products. 

WARNING STATEMENTS: You understand that our product(s) contain small parts NOT intended to be used by small children; and that adult supervision is required for anyone under the age of 18 while using our product(s).

Marton Brothers LLC (“BAAD RACING™”) will not be held liable for any direct, indirect, punitive, incidental, special or consequential damage arising out of or connected with your misuse of our products, including without limitation any use for an unintended, illegal or unauthorized purpose.

SECTION #4: MODIFICATIONS TO THE SERVICE AND PRICES; SHIPMENTS AND NON-CONFORMING GOODS.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products or the Service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or the Service.

Shipping and handling fees are additional charges unless otherwise expressly indicated at the time of sale. If you believe any part of your Purchase (as defined below) is missing, wrong or damaged, you must notify Marton Brothers LLC (“BAAD RACING™”) within five (5) calendar days after receipt of your order. All products shall be deemed to have been irrevocably accepted by you in their current condition unless you notify Marton Brothers LLC (“BAAD RACING™”) of any defect, nonconformance or other issue within five (5) calendar days of receipt of your Purchase. Except as set forth in such notice (or if you fail to provide such notice), you will be deemed to have accepted such product(s), waived any right to reject the product(s) and verified its conformance, good condition and repair. Delivery/shipping dates are given to be used as a guide only. Marton Brothers LLC (“BAAD RACING™”) will not be held responsible for any loss of earnings or consequential damage as a result of delivery delay.

SECTION 5: ACCURACY OF BILLING AND ACCOUNT INFORMATION
If you wish to purchase any product made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including without limitation your credit card number, the expiration date of your credit card, security code, your billing address and your shipping information.

You agree to provide current, complete and accurate purchase and account information for all Purchases made through the Service. You agree to promptly update your account and other information, including without limitation your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (b) the information you supply to us is true, correct and complete; and (c) that you will pay for all charges incurred through the use of your account (if applicable).

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you consent to our use and disclosure of the information to these third-parties subject to our Privacy Policy.

SECTION #6: ACCOUNTS
We offer the option for you to register and create an account to place an order with us. When you create an account with us, you guarantee that you are over the age of 18 and that the information you provide us is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account and use of the Service. As part of the registration process, you may be issued credentials, usually in the form of a unique username and password (“Account Credentials”). You are responsible for maintaining the strict confidentiality of your Account Credentials, including but not limited to the restriction of access to your device and/or account.

Your commitment to maintaining the strict confidentiality of your Account Credentials is a material condition of your access and use of the Service. You agree to accept responsibility for any and all activities or actions that occur under your Account Credentials. You must not allow others to use your Account Credentials, and you agree to notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or upon becoming aware of any breach of security or unauthorized use of your account. Except to the extent required by law, we will not be liable for any losses arising out of the unauthorized use of your Account Credentials, either with or without your knowledge.

 When creating an account, you may not use as a username:
 • the name of another person or entity that is not lawfully available for use;
• a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization; and/or
• any name that is offensive, vulgar or obscene. 

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the website or any component thereof and to block or prevent future access to and use of the website and to delete your account and any related information.

 

SECTION #7: THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

SECTION #8: SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence from accessing or linking the social media features on the Service (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, TikTok, or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”).

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Policy apply to our External Social Media Presence. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect our opinions. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features as well as our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed.

If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us at MartonBros@gmail.com or BaadRacing@gmail.com

SECTION #9: USER COMMENTS, FEEDBACK AND SUBMISSIONS
If you send certain specific submissions or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, whether with or without our consent (collectively, “posts”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any posts that you forward to us. We are and shall be under no obligation: (a) to maintain any posts in confidence; (b) to pay compensation for any posts; or (c) to respond to any posts.

By providing, publishing, posting or displaying posts you: (i) represent and warrant that (1) you own or otherwise have all necessary rights to the posts and have the right to grant the applicable license set forth herein, and (2) that the posts comply with all applicable laws; and (ii) grant to us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, fully paid, and fully transferable, assignable, and sub-licensable worldwide right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, publish, broadcast, make, sell, export, and otherwise use the posts (in whole or part) on this website or otherwise, and/or to incorporate it in other works in any form, media or technology now known or later developed. We cannot be responsible for maintaining any posts that you provide to us; therefore, you should retain copies of all such data and information for your own records.

You represent and warrant that posting and publishing any such posts on or in connection with the Service does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any posts which are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor posts for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the posts or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any posts. Do not post personally identifiable information in areas other than within your profile. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile or posting (including email) by you, or to restrict, suspend or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

You understand and agree that Marton Brothers LLC (“BAAD RACING™”) may review and delete any posts that in its sole judgment violate these Terms or which may be offensive, illegal or violate the rights, harm or threaten the safety of Marton Brothers LLC (“BAAD RACING™”) or any user of the Service.

SECTION #10: INTELLECTUAL PROPERTY AND TRADEMARKS
The logos, content, organization, graphics, design, photography, compilation, and other matters related to our website are protected under applicable U.S. and international copyright, trademark and intellectual property laws. The Marton Brothers LLC and “BAAD RACING™” logo(s) and word mark, and other marks are either trademarks or registered trademarks of Marton Brothers LLC and “BAAD RACING™” (“Trademarks”). Unless disclosed otherwise in writing, we exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, digital conversions and other materials included within our website and related to our website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property”). The posting of information or materials on this website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You will not challenge, contest or otherwise impair Marton Brothers LLC and “BAAD RACING™” ownership of the website and the content therein or the validity or enforceability of Marton Brothers LLC and “BAAD RACING™” rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on our website at any time without notice. Nothing contained in these Terms will be construed by implication, estoppel or otherwise as granting you an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Marton Brothers LLC and “BAAD RACING™” or any third party. None of the material on our website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Marton Brothers LLC and “BAAD RACING™”, which permission may be withheld in our sole and absolute discretion.

SECTION #11: PERSONAL INFORMATION
Any and all information that we obtain from you, or from transactions processed through the Service, including without limitation, names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the website may be collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. WE WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

SECTION #12: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION #13: PROHIBITED USE(S)
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION #14: INDEMNIFICATION
You agree to defend, indemnify and hold harmless Marton Brothers LLC (“BAAD RACING™”) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, judgments, damages, obligations, losses, liabilities, costs or debt, and other expenses of any nature (including reasonable attorney’s fees), resulting or arising in any way from your use and access of the Service, this website, your Purchase, your account, any acts or omissions by you or on your behalf with respect to any Purchase and/or any posts, or your breach of applicable laws, these Terms or the documents and policies referenced herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

SECTION #15: SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION #16: PROMOTIONAL TERMS 
Any and all offers or promotions advertised on the Service are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

SECTION #17: ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party to the extent permitted by applicable law.

 

SECTION #18: GOVERNING LAW
These Terms and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to these Terms, or your use thereof, will be brought and conducted in Riverside County, California, and each user consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him or her as contemplated by this section.

SECTION #19: QUESTIONS
Questions about these Terms should be sent to us at Martonbros@gmail.com.