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Terms of Use

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL BELOW.

Order Acceptance: Turner Motorsport reserves the right to cancel or refuse any order at any time without notice. Some situations that may result in the cancellation of an order include limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems that are identified by our Credit and Fraud Prevention Department. In some cases we must contact you to obtain and verify additional information before accepting an order. If your order is canceled for any reason or additional information is required, Turner Motorsport may contact you by phone and/or email. Please be sure that you verify your contact information on the order as it must be valid to be accepted. If the contact information is fictitious or invalid we reserve the right to cancel an order.

If this is your first order with Turner Motorsport, it is required that your first order be shipped to the billing address associated with your Credit Card. Providing mismatched addresses, or an address that is different from what is listed on your card/bank statement may result in delays during the order review process.

Under most circumstances, your credit card will be authorized for an amount less than the order total when your order is submitted. This authorization will be voided once your order is being processed for shipment in the warehouse, at which time your credit card will be charged for the full amount of the sale transaction. If you decide to cancel an order that has an authorized payment status, our Billing Department will void this authorization. It is usually removed from the account within 5-7 business days.

Special order and/or No Cancel-No Return items will require full non-refundable payment before the order is placed with our suppliers. Under no circumstances will this value be refundable in the event that the order does not ship due to customer cancellation or refusal at the time of delivery.

Orders containing any part marked as "Direct Ship", or any order with a status of "Direct Ship", cannot be cancelled once placed. These orders have open PO's with the vendors fulfilling the orders, and as such, cancellations cannot be processed. Our staff would be more than happy to provide RMA for any parts that are no longer needed, once they have been delivered.

Pricing or Typographical Errors - While Turner Motorsport strives to provide accurate product pricing and shipping information, pricing and typographical errors may occur. In rare cases, Turner Motorsport cannot confirm product and/or shipping pricing until after an order has been placed. In the event that a pricing or typographical error exists with any product or service offered, Turner Motorsport reserves the right to cancel or refuse an order at any time without notice. In most pricing or typographical error situations, Turner Motorsport will contact you for further instruction or cancel your order with email and/or phone notification. Shipping price discrepancies may exist on any order regardless of size. If a shipping price discrepancy exists, Turner Motorsport may contact the purchaser with revised shipping options. Prices and availability are subject to change without notice.

Price Match Policy- Found a product cheaper? Our Sales Team is happy to help! Turner Motorsport will match the advertised price of any identical, in-stock product from a reputable competitor's website.

To qualify, the following conditions must be met:
•Item must be identical to the product sold on TurnerMotorsport.com.
•Competitor Link/Email Advertisement must be provided to the Sales Associate at the time of inquiry.
•Product must be advertised as being in-stock on the competitor’s website.
•Advertised price includes all shipping, taxes, and fees for delivery.
•Competitor must be located within the US market.

Excluded from Policy:.
•Clearance, Closeout, Used, Refurbished or Open-box items.
•“Scratch & Dent” and “Limited Quantity Sale” items on TurnerMotorsport.com.
•Mail-in/Instant Rebate offers.
•eBay/Amazon Marketplace items.
•Typographical and pricing errors.
•A competitor’s price quote sent outside public advertisement.
•Competitor’s who are in violation of a vendor’s MAP policy.

Turner Motorsport is also proud to offer a discount of up to 10% off regularly priced products, to customers who have served our country in the United States Military or as First Responders.

•Excluded from Policy:
•Products that are on sale or already discounted by another offer.
•Products that are under vendor’s MAP policy.
•Typographical and pricing errors.

Not all products will be eligible for the full 10% discount, contact our sales team for our best price up to 10% off.

Payment: All sales are prepaid. Acceptable forms of payment are Visa, Mastercard, Discover, American Express, PayPal and Affirm. Bank wire transfers are also offered as a convenience. We do not accept personal checks, company checks, money order or cash as payment and do not offer COD. All goods remain property of Turner Motorsport until payment is completed. A deposit is required on special orders. All International duties, taxes, and brokerage fees are the responsibility of the receiver.

Warranty: All orders placed before June 1st 2023 would be subject to the previous warranty and replacement terms. Orders placed on or after June 1st 2023 will be eligible for Lifetime Replacement.

Turner Motorsport offers a one year warranty against manufacturer defects unless otherwise noted, although some manufacturers offer a warranty that exceeds this one year warranty. This warranty is void if we find that a product is used or installed against the manufacturer's suggested use or if the product has been modified in any way. Warranty covers repair or replacement of the original part only.

Genuine (OEM) products sold or shipped outside of the US are sold as is with no expressed or implied warranty.

Items ordered with clearance pricing or "limited time sale" transactions do not qualify for warranty replacement of an equal item. These items are sold as is, no warranty as they are not replaceable.

Due to the possible rapid failure or misdiagnosis of some products Turner Motorsport excludes the following products from the warranty above:


Brake components* (Brake pads, rotors, etc.)

Clutch Components* (Flywheels, disk, pressure plate, etc.)

Electrical Components* (Sensors, switches, bulbs, etc.)

Tunes* (devices and custom built tunes)

*In some cases a manufacturer may consider offering a warranty for the items listed as excluded above, however this will be done on a case by case basis only.


All manufacturers require a proper shop diagnosis / paperwork with a description of the problem/defect in order to be submitted for warranty review. All products must be returned in the original packaging, including labeling, manuals, hardware, etc. Warranties are non-transferable, and only apply to the original purchaser of the products(s). Turner Motorsport will only replace or repair warranty items at our discretion. Refunds are not provided for any warranty transaction.

All products returned for warranty inspection are subject to testing within our company and in some cases may require that the products are sent to the manufacturer for inspection and testing. Turner Motorsport does not guarantee that any products will be warrantied until this process is complete. In some cases warranties will be denied and Turner Motorsport must return the product(s) at the expense of the customer. Turner Motorsport is not responsible for any damages that may have occurred by using the products that we sell. Turner Motorsport does not pay for consequential, incidental and contingent damages or costs incurred of any kind, including the cost incurred directly or indirectly in relation to products sold by Turner Motorsport including labor or product coverage. Turner Motorsport will only replace the defective product that was originally purchased from Turner Motorsport, once the CSD has verified that this part is faulty and we have confirmed that the part is within its warranty period. Products that may have been damaged or lost as a result of a faulty product will not be replaced by Turner Motorsport under any circumstances. This includes but is also not limited to duties, taxes, and brokerage fees for foreign shipments. Turner Motorsport will only ship replacement products to the original address that the items were shipped to.

The customer is responsible for the cost of returning any item for warranty inspection or repair. Shipping charges are non-refundable.

Click Here to see the Return Process

Gift Card Policy: Gift Card Policy: Turner Motorsport Gift Cards may only be used for making purchases with Turner Motorsport. Gift Card balances cannot be redeemed for cash or applied as payments to any account unless required by law. Gift Cards and the value associated with that gift card will not be replaced if the card is lost, stolen or destroyed. This policy applies for both Turner Motorsport Gift Cards (plastic form) and Turner Motorsport Virtual Gift Cards alike.

Turner Motorsport Virtual Gift Cards can be claimed by the original buyer and can be sent as a gift to any recipient the original buyer wishes to send it to. All Turner Motorsport Virtual Gift Cards must be activated before it can be applied as payment towards an order. These Turner Motorsport Virtual Gift Cards are transmitted electronically through e-mail, and can be forwarded electronically to other parties at the discretion of the card owner.

Turner Motorsport highly recommends that all buyers keep the original gift card in their possession until the order is delivered. In the event that a refund is needed, all refunds are processed to the original payment method. Turner Motorsport will not replace the refunded value should the original card be misplaced or discarded.

All Turner Motorsport physical gift cards (plastic form) will expire 2 years after the issue date and all Turner Motorsport virtual gift cards will expire within 5 years after the issue date.

All Turner Motorsport Gift Cards should be treated like cash and should be protected accordingly.

Site Security: Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Turner Motorsport.com on this Site and other than generally available third party web browsers (e.g., Internet Explorer, Mozilla Firefox, Safari, Chrome).

Copyrights and Intellectual Property: This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.

Product Disclaimer: Some of the products offered on our site are for off-road use only. It is the responsibility of the customer to check with all federal, state local and environmental laws prior to ordering and installing a product. Turner Motorsport is not responsible for any fees, fines or costs that a customer may incur as a result of failing to check with federal, state, local or environmental laws prior to ordering and installing a product.

As a racing organization, many products TMS sells, develops, and manufactures are intended for racing, competition, hobby, or off-road use. These products may not be used in violation of state, federal, provincial, or local laws. It becomes the sole responsibility of the Customer to ensure their vehicle conforms to all laws and regulations governing road use especially in regards to emissions and safety. By purchasing and installing these parts, the Customer acknowledges they are using the part(s) and vehicle in off-highway racing or hobby situations, and not for road or highway use.

TMS is located in the USA and does not have access to vehicles intended for other markets, including right hand drive (RHD) vehicles. TMS cannot confirm fitment on all parts in our catalog for non-US market or RHD cars. It is the vehicle owner's and/or purchaser's responsibility to confirm fitment accuracy prior to placing the order. TMS is not responsible if parts do not fit non-US market vehicles.

Damaged/Missing Items in Shipment - If you've received a damaged product you MUST notify the Customer Service Department (CSD) within twenty-one days to initiate a damaged package claim. It is required that you keep all of the packaging material, box(es) and broken product(s) until the shipping carrier completes the investigation. Failure to report damaged items from an order before forwarding, re-shipping or transferring the shipment to another location will result in immediate claim denial.

If you are missing any products from your order, you MUST notify the CSD within thirty days of receiving the items.

If you fail to report damaged and/or missing items in your shipment within the timeframe outline above, replacement products will not be shipped out under any circumstances. Failure to report missing items from an order before forwarding, re-shipping or transferring the shipment to another location will result in immediate claim denial.

Freight orders are excluded from this policy as it is the responsibility of the recipient to confirm that the goods are in new condition, without damage and that the order is complete before signing for the delivery.

Replacement orders will be placed as soon as we are informed of the damaged package pending the authorization provided by the shipping carrier you have selected on the original order. UPS typically requires up to eight business days from the time the claim is started. USPS can require from five to ninety business days, depending on your country's time requirement that has been set forth. FedEx can require from twenty-one to twenty-eight business days from the time the claim is started. Please be sure to cooperate with the investigation and any questions that the carrier may have during this time. Turner Motorsport will only provide replacement products for damaged or missing products. Turner Motorsport will not provide refunds for any damaged or missing product under any circumstances.

Shipping Charges are non-refundable.

Lost Packages: If you do not receive your package and the tracking information shows that the package has been delivered you must notify us within twenty-one days of the marked delivery date so that we can initiate a lost package tracer with the shipping carrier you have originally selected. Replacement products will not be sent until the shipping carrier completes the tracer request and grants permission for replacement product to be shipped UPS typically requires up to eight business days from the time the claim is started. USPS can require from five to ninety business days, depending on your country's time requirement that has been set forth. FedEx can require from twenty-one to twenty-eight business days from the time the claim is started. Please note that this is the policy of the shipper and not of Turner Motorsport. Turner Motorsport does not guarantee that any packages will be credited by the shipping carrier until this process is complete.

Turner Motorsport will not provide refunds for any lost package under any circumstances.

Items ordered with clearance or "limited time sale" transactions do not qualify for replacement of an equal item when they are found to be damaged. These items are sold as is, no warranty as they are not replaceable. In the event that a clearance item or limited quantity sale item is damaged in shipment, we will only be able to refund the customer based on the purchase price of the transaction.

Shipping Charges are non-refundable.

Product Review Posting Guidelines: Turner Motorsport encourages our customers to share their personal feedback regarding the quality of the items ordered. We want customers to be able to make smart buying decisions based on the feedback shared by fellow buyers. Product feedback can be shared on Turnermotorsport.com, directly on the product details page. All product reviews submitted by customers will be reviewed to ensure that the Product Review Guidelines are being followed prior to being shared in a public setting.

Who can create product reviews?
• All customers who have purchased an item from Turnermotorsport.com are encouraged to share feedback regarding the quality of a product ordered.

What can be discussed in product reviews?
• Reviews must be focused solely on the product quality, performance, ease of install, etc.
• Customers should be specific while writing the review, and must explain why they like or dislike a product.
• Character limitation of 2000

What can not be discussed in product reviews?
• Profanity or distasteful comments.
• Off-topic or unrelated material (Transaction related issues, etc.).
• Vague comments that do not explain the product.
• Promotional content.
• Copyright protected material.
• Web links or hyperlinks


Should you feel that there is a quality or product safety concern, please Contact Us!  immediately so that we may address your concerns.

The customer sharing product reviews is responsible for all of the content within the review. In the event that the customer review contains any copyright

protected information or material from another source, Turner Motorsport will not be held responsible, either directly or indirectly for any copyright violation. It is the customer's responsibility to share his or her personal product review, in his or her own words.

If you have any other questions or concerns, please Contact Us! 

What is product media?
• Product media is defined as any photo, video or pdf that may be shared on our website.

Who can share product media?
• All customers who have purchased an item from Turnermotorsport.com are encouraged to share media of the items ordered during or after installation.
What type of media can be shared?
• Customers must provide quality media of the product(s) if they wish for the media to be shared publicly.
• There is a minimum resolution of 800x600p and 72dpi for photos.
• The only document type that will be accepted will be PDF documents.

What media will not be accepted?
• Off-topic or unrelated media.
• Vague or poor quality media.
• Promotional content.
• Media with any form of "watermark" or "branding".
• Media that include any form of text or added artwork. (i.e. MEMES, etc.).
• Copyright protected material.
By sharing media with Turner Motorsport, the person or party responsible for sharing the media transfers the ownership of said media to Turner Motorsport. This content will be shared on the product page and/or marketing content that will be distributed by Turner Motorsport, as well as our distributors. In the event that the customer media(s) contains any copyright protected information or material from another source, Turner Motorsport will not be held responsible, either directly or indirectly for any copyright violation. It is the customer's responsibility to share his or her personal product media only.
In some cases, Turner Motorsport may modify user submitted material so that it can be shared on the product details page. Some cases may include, but are not limited to: Removal of competitor branding, stickers, trademarks or logos, as well as photo quality enhancements.
Should you feel that there is a quality or product safety concern, please Contact Us! so that we may address your concerns.
If you have any other questions or concerns, please Contact Us! 




Mobile Terms and Conditions: Turner Motorsport offers its customers mobile alerts regarding sales, new product releases, promotions, event information and cart reminders by SMS message (the "Service") on 25282. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.


Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Turner Motorsport reserves the right to stop offering the Service at any time with or without notice.


By opting into the Service, you:
A. Authorize Turner Motorsport to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information [email protected] or call us at 330-331-2003 to view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.


Content You May Receive
Once you affirm your choice to opt-in to the Service on 25282, your message frequency may vary. You may receive alerts about:
A. Sale promotions
B. Event information
C. Product launch announcements
D. Cart reminders


Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Turner Motorsport may add or remove any wireless carrier from the Service at any time without notice. Turner Motorsport and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.


To Stop the Service
To stop receiving text messages from Turner Motorsport, text the word STOP to 25282 any time or reply STOP to any of the text messages you have received from Turner Motorsport. After texting STOP to 25282, you will receive one additional message confirming that your request has been processed.


Questions
You can text HELP for help at any time to 25282. This will provide you with an email and link to our customer service page. You can also contact us at Turner Motorsport 10000 Seville Rd Wadsworth, OH.


Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.


Privacy Policy: Customer agrees to TMS's Privacy Policy which can be viewed at http://www.turnermotorsport.com/t-privacy

Applicability:   These Terms and Conditions are applicable to all orders placed by the Customer, whether online, by telephone, or in person, including all future orders.

Dispute Resolution: PLEASE READ THIS ENTIRE SECTION (INCLUDING ALL SUBSECTIONS) CAREFULLY BECAUSE IT REQUIRES YOU AND TURNER MOTORSPORT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND TURNER MOTORSPORT FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND TURNER MOTORSPORT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. TURNER MOTORSPORT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ON DISPUTE RESOLUTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SUBSECTION (J), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.

A. Claims This Section Applies To. The dispute resolution and binding arbitration terms in this section (the "Agreement") apply to all Claims between you and Turner Motorsport. A "Claim" is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Turner Motorsport, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms of Use or the Turner Motorsport website, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

B. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Turner Motorsport or if Turner Motorsport has a Claim against you, you and Turner Motorsport will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Turner Motorsport will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, ("Informal Resolution Period") from the day either party receives a written notice of a dispute from the other party (a "Claimant Notice") in accordance with this Agreement.

You will send any Claimant Notice by certified mail addressed to Turner Motorsport, LLC, Attn: Legal Department, 1000 Seville Road, Wadsworth, Ohio 4281 or by email to [email protected]. Turner Motorsport will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Turner Motorsport. The Claimant Notice sent by either party must (i) include the sender's name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; (iii) set forth the specific relief sought; and (iv) include your handwritten signature or the handwritten signature of a Turner Motorsport employee, as applicable, depending on which party is initiating the Claim. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other Turner Motorsport customer or user of the Turner Motorsport website.

During the Informal Resolution Period and before we may commence arbitration of a dispute, we agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the "Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.

The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference ("Notice of Conference") as follows: the Notice of Conference must include the following information: your name, telephone number, mailing address, email address associated with your account (if you have one), the name, telephone number, mailing address, and email address of your counsel (if any), and whether you intend to have the conference by telephone or by videoconference. The Notice of Conference must be mailed to Turner Motorsport by certified mail return receipt requested to Turner Motorsport, LLC, Attn: Legal Department, 1000 Seville Road, Wadsworth, Ohio 4281 or by email to [email protected]. A Notice of Conference shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Notice of Conference by any other Turner Motorsport customer or user of the Turner Motorsport website. You may, but are not required to, combine in one mailing a Claimant Notice and a Notice of Conference.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Turner Motorsport cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Turner Motorsport file a Claim in court or proceed to arbitration without complying with the requirements in this section, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Dispute Resolution section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

C. Claims Subject to Binding Arbitration. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or Turner Motorsport, including any disputes in which you or Turner Motorsport seek injunctive or other equitable relief for the alleged unlawful use of your or Turner Motorsport's intellectual property or other infringement of your or Turner Motorsport's intellectual property rights ("IP Claims"), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with subsection (B) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

D. Binding Individual Arbitration. The sending of a Claimant Notice and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the procedures in this Agreement. No arbitration may commence or proceed until the requirements set forth in subsection (B) (above) are fully satisfied.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act ("FAA"). In all events, the AAA Rules shall govern the parties' dispute. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1 800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.

The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

This Agreement affects interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Turner Motorsport to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

We agree that, by entering into this Agreement, we are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. E. Arbitration Procedure and Location. You or Turner Motorsport may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the AAA Rules.

Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Turner Motorsport, LLC, Attn: Legal Department, 1000 Seville Road, Wadsworth, Ohio 4281 or by email to [email protected]. Turner Motorsport will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Turner Motorsport.

The arbitration will be conducted by a single arbitrator in the English language. You and Turner Motorsport both agree that the arbitrator will be bound by this Agreement.

Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address.

At either party's election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel.

Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions precedent set forth in subsection (B) of this section have been satisfied; (ii) whether the AAA's filing requirements have been satisfied; (iii) the applicable arbitration agreement; (iv) the applicable AAA rules that apply; (v) the allocation of payment advances on administrative fees, arbitrator compensation, and/or expenses; (vi) any other issue agreed to be addressed by the process arbitrator; and (vii) any other issue regarding the administration of the arbitration.

If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, Turner Motorsport will reimburse any AAA filing, administration, and arbitrator fees that were paid by you.

If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to the AAA and, at the arbitrator's discretion, an award of reasonable attorneys' fees and costs.

F. Arbitration Fees. After Turner Motorsport receives notice that you have commenced arbitration, Turner Motorsport will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee, Turner Motorsport will pay it directly upon receiving a written request from you. Except as otherwise provided for herein, Turner Motorsport will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the terms of this Agreement.

G. Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees-including arbitration, attorney, and expert fees-incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.

H. Confidentiality. If you or Turner Motorsport submits a Claim to arbitration, you and Turner Motorsport agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and Turner Motorsport agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

I. Mass Arbitration. WE AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.
  1. "Mass Arbitration" means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
  2. In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
  3. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
  4. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.
  5. We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.
  6. If any part of this subsection (I) related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this subsection (I) and this Agreement shall be enforced to the maximum extent permitted by law.
  7. If the arbitration provider is unwilling or unable to follow the procedures set forth in this subsection (I) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable, and widely-recognized arbitration organization that will agree to follow the procedures set forth in this subsection (I). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those disputes within the Mass Arbitration.
J. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing [email protected]. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By not opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this section.

K. Rejection of Future Arbitration Changes. You may reject any change we make to this Dispute Resolution section (except address changes) by sending us notice of your rejection within 30 days of the change via email at [email protected]. Changes to this section may only be rejected as a whole, and you may not reject only certain changes to this section. If you reject changes made to this section, the most recent version of this section that you have not rejected will continue to apply.

L. Severability. If any portion of this section on Dispute Resolution is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

M. Delegation. All issues are for the arbitrator to decide including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, (iii) whether you or Turner Motorsport, through litigation conduct or otherwise, waived the right to arbitrate, (iv) whether all or any part of the arbitration provision or Agreement is unenforceable, void, or voidable including, but not limited to, on grounds of unconscionability, (v) any dispute regarding the payment of arbitration-related fees, (vi) any dispute related to the Claimant Notice, Notice of Conference, and/or Informal Dispute Resolution Conference, and (vii) any dispute related to Mass Arbitration (defined above).

Pursuant to this Agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall have the power to decide whether this agreement permits class or representative proceedings.

N. Limitation of Time to File Claims. Any Claim you have against Turner Motorsport must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the Claim or notice of dispute first could be filed. If a Claim is not filed within one (1) year, it is permanently barred.

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