Welcome to the RAMCAR Batteries website. These Terms of Use (the “Website Terms of Use”) are a legally binding agreement between RAMCAR Batteries, Inc. (“RAMCAR” or “we” or “us” or “our”) and you, as a user or visitor (“you” or “your”) governing your access to and use of www.ramcarbatteries.com (the "Website"). By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Website Terms of Use and our Privacy Policy, incorporated fully herein by this reference, and your agreement will be deemed to be in writing and legally enforceable. If you do not agree to these Website Terms of Use, then you are not allowed to use the Website and should immediately stop using the Website.
THESE WEBSITE TERMS OF USE INCLUDE AN AGREEMENT TO ARBITRATE IN SECTION 14, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF ARBITRATION, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN SECTION 14.D ENTITLED “AGREEMENT TO ARBITRATE.”
THESE WEBSITE TERMS OF USE ALSO INCLUDE A CLASS ACTION WAIVER IN SECTION 14, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY PRIVATE DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS.
THESE WEBSITE TERMS OF USE ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY AS PROVIDED IN SECTION 14.
If you are accessing or using the Website on behalf of a company or other legal entity, your access and use of the Website shall bind both such entity and you individually to these Website Terms of Use.
These Website Terms of Use govern your use of the Website. The Website does not process transactions or execute direct commercial sales. Separate terms may apply to other RAMCAR websites, online portals, or to the sale of RAMCAR products or services. Where separate terms apply to a different RAMCAR website, product, service, or other transaction with RAMCAR, those terms will govern the applicable RAMCAR website, product, service, or other transaction with RAMCAR and will prevail in the event of any conflict with these Website Terms of Use. For example, if you choose to purchase RAMCAR products following an inquiry made through the Website, that purchase will be governed exclusively by RAMCAR’s Terms and Conditions of Sale, which will be provided to you directly by our sales representatives alongside your formal quotation or contract.
Your use of the Website is subject to all applicable laws and regulations of the United States of America (U.S.). You may not use this Website in a way that would violate the law or any regulation.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO (a) USE THE WEBSITE, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE WEBSITE, OR (c) TRANSMIT ANY PERSONAL INFORMATION TO US. If you do not qualify, you are not permitted to use the Website. By accessing, using and/or submitting information to or through the Website, you agree and represent that you are at least 18 years of age or older and otherwise have the legal capacity to enter into these Website Terms of Use.
Pursuant to 47 U.S.C. Section 230(d), as amended, RAMCAR hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The Website is not directed to, not intended for and may not be used by anyone under the age of 18. If you are a parent or guardian and believe that we have inadvertently collected personal information from your child under the age of 13, please contact us immediately via email at customerservice@ramcarbatteries.com (with the subject line “Personal Information/Children”).
We reserve the right to limit the availability of the Website to any person, geographic area, or jurisdiction at any time and in our sole discretion. We further reserve the right to revoke your right to use or access any or all of the Website at any time as further set forth in Section 10 herein. You acknowledge that no monetary value can be attributed to the time you spend accessing and using the Website and that, but for the limited and terminable license granted herein, you are not entitled under the law to use or have access to the Website and/or its content.
Except as otherwise provided on the Website, all trademarks, copyrights, content, information, business methods, graphic representations, designs and documentation posted on the Website as well as the “look and feel” of the Website (collectively, the “Intellectual Property”) are the property of RAMCAR and/or its licensors. The posting of Intellectual Property does not constitute a waiver, transfer or license of the proprietary rights to you or to any third party, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. You agree that any and all Intellectual Property associated with, appearing on, or being used by the Website and all of its features, functionality and contents (the “Content”) are the sole property of RAMCAR, its affiliates or third parties. The trademarks, trade names, trade dress, logos, and service marks displayed on or in the Website are the trademarks of RAMCAR and/or its licensors, affiliates and/or other third parties. Nothing contained on or in the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any RAMCAR or third party trademarks, logos or trade dress without the express written permission of RAMCAR or the applicable owner. Misuse of any trademark, logo or trade dress is prohibited. You acknowledge that you do not acquire any ownership rights in or to any of RAMCAR’s or its licensor’s, affiliate’s or any third party’s Intellectual Property by virtue of your access or use of the Website and/or the Content. You agree to not circumvent or disable any content protection features used on or in the Website and you must retain, as applicable, all trademark, copyright and other proprietary notices on downloaded and copied Content, and any such downloads or copies are subject to the terms and conditions of these Website Terms of Use.
Subject to your complete compliance with the Website Terms of Use and any and all other terms and policies set forth on or in the Website, RAMCAR grants you a limited, personal, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use the Website only for your internal, non-commercial use, provided that you do not modify the Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Content, and that you otherwise comply with these Website Terms of Use. Except for this limited license, we do not grant you any other express or implied rights or licenses in or to the Website or the Content, and all rights, title and interest that RAMCAR has in the Website and Content are retained by RAMCAR, even after access, usage or download on your computers, mobile phones, tablets, and/or other devices. Except to the extent required by law or as expressly provided herein, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, any of the Website or Content without RAMCAR’s express prior written permission.
Nothing on this Website should be construed as granting directly or indirectly, or by implication any license or right to use any Intellectual Property other than as expressly set forth herein. The license granted in this Section terminates automatically and immediately if you do not comply with these Website Terms of Use. Further, if you do not comply with these Website Terms of Use (or if we have reasonable grounds to suspect non-compliance), RAMCAR may take legal action, suspend your access to the Website, or take any other steps we consider appropriate.
In addition to other restrictions set forth in these Website Terms of Use, you agree that you will not, either directly or indirectly:
The Website may contain links to other websites, apps, data, materials, or services, or authorize the usage of third-party bots and plugins that are not owned or controlled by RAMCAR (“Third Party Links”). Third Party Links are provided for convenience only and may not remain current or be maintained. We do not screen Third Party Links and are not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. The inclusion of any Third Party Links does not imply endorsement, approval or recommendation by RAMCAR of the owners and/or operators of such Third Party Links. Further, you agree that RAMCAR is not responsible or liable for, directly or indirectly, the content, products, services, or privacy practices of, associated with, or available on or via any Third Party Links, and it is your responsibility to review those policies before accessing any Third Party Links. You acknowledge and agree that RAMCAR is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Third Party Links. If you access Third Party Links, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers, you do so at your own risk.
RAMCAR’s Privacy Policy which sets forth RAMCAR’s practices and policies related to the collection, use, and storage of visitor and user information, is incorporated fully herein by reference. You agree that all information you directly provide to us through the Website whether by completion of a form or use of any interactive features is governed by the Privacy Policy.
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of RAMCAR, negatively reflect on the goodwill or reputation of RAMCAR. You agree not to take any action that would cause RAMCAR to be in violation of any laws, rulings or regulations applicable to RAMCAR. Regardless of the language used thereon, access to and use of the Website from any jurisdiction where the content, products or services are illegal is strictly prohibited.
RAMCAR and the Website are based in the United States. RAMCAR makes no representation that the Website is appropriate or available for use in any jurisdictions outside the United States and those who choose to access or use the Website from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, email, or privacy.
Any functionality available on or in the Website is subject to United States export controls. No software or application may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by using any such functionality, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, regardless of whether such transmission is permitted under these Website Terms of Use or by applicable law.
RAMCAR does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Website or to us that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and need not be treated as confidential and/or proprietary. You are responsible and liable for any User Ideas. You agree that by submitting any User Idea to us, including any concepts, know-how or ideas, you hereby transfer all rights in such User Idea to RAMCAR (and its successors and assigns), without payment or accounting to you or others. We are not obligated to review, evaluate, publish, or use any User Idea. RAMCAR also does not waive any rights to use similar or related ideas previously known to RAMCAR, developed by its employees, or obtained from other sources.
You may, on an entirely voluntary basis, subscribe to the RAMCAR newsletter or use the Contact Us functionality of the Website or use our “Submit an Inquiry” form to submit an inquiry, request information, or otherwise communicate with RAMCAR. In doing so, you agree that RAMCAR may use the contact information provided to send you the communications you have requested, subject to your elected preference, if any, and applicable law. You agree to provide accurate information and not to submit information that is unlawful, misleading, fraudulent, or otherwise inappropriate. Submission of information or an inquiry does not constitute an offer, acceptance, purchase order, or binding commitment by either you or the Company, and does not obligate RAMCAR to respond or provide any product or service.
Subscription to the newsletter does not guarantee timely receipt of all updates, as emails may not be sent or delivered due to technical, network or anti-spam filtering reasons not attributable to RAMCAR. Subscription to the public newsletter does not constitute a public offer or contractual commitment in relation to products placed on the market by RAMCAR. You may unsubscribe at any time by following the unsubscribe instructions included in the applicable communication; provided that unsubscribing from marketing communications will not affect non-marketing communications that are otherwise permitted or required.
RAMCAR’s collection, use, disclosure, and retention of personal information submitted through the Website are handled in accordance with the RAMCAR Privacy Policy.
RAMCAR may refuse access to the Website or any of its functionality in our sole discretion, with or without cause.
Upon termination for any reason, the right to access and use the Website, and any and all other rights and licenses granted to you hereunder will immediately terminate. Notwithstanding the foregoing, any Sections or provisions of these Website Terms of Use that by their nature and context are intended to survive termination will survive, including without limitation, ownership provisions, warranty disclaimers, limitation of liability and dispute resolution provisions.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Although RAMCAR endeavors to make sure that all information and data it publishes on the Website is accurate, RAMCAR makes no representation or warranty as to the accuracy, completeness or currentness of such information. The Website contains information related to certain RAMCAR products, including, without limitations, technical specifications, brochures, diagrams, and other product details. This information is provided for your general information only and does not constitute an offer to sell or a solicitation of an offer to buy products. This information does not constitute a sufficient basis for making a decision with respect to the purchase or use of any products. Product specifications and information are subject to change without notice. You are responsible for independently evaluating whether any product is suitable for your intended application and for reviewing applicable product documentation, technical specifications, safety instructions and written warranty terms. Final technical specifications will be confirmed during formal, direct communication with our sales and engineering teams.
Notwithstanding any provision to the contrary herein, information on the Website is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will RAMCAR be responsible for damage of any nature whatsoever resulting from the use of or reliance upon information on the Website. To the fullest extent permitted by applicable law, RAMCAR disclaims all representations and warranties arising solely from the provision or use of the Website, whether express or implied.
THE WEBSITE, ALL MATERIALS CONTAINED ON THE WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR USE WITH RESPECT TO THE WEBSITE OR THE CONTENT. ANY CONTENT IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. RAMCAR RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THE WEBSITE WITHOUT NOTICE AT ANY TIME AND, TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.
THE INFORMATION OR CONTENTS ON THE WEBSITE OR ON A THIRD PARTY LINK MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. RAMCAR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT THE CONTENT WILL BE COMPLETE, ACCURATE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE, AND RAMCAR DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT OR THE WEBSITE OR A THIRD PARTY LINK IS UPDATED OR COMPLETE.
NO OPINION, ADVICE OR STATEMENT OF RAMCAR OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER IN THE WEBSITE, IN THE CONTENT, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE WEBSITE TERMS OF USE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
RAMCAR is not responsible for any damage or loss related to the use of the Website or any published materials therein, or your reliance on any outdated version of these Website Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
You understand and agree that your access to, use of, or participation in, the Website is strictly voluntary. By your access and use of the Website, you agree not to attempt to hold RAMCAR liable for any decisions, actions, inactions, or results that you make or experience in your life, health or business due to your access or use the Website, at any time, under any circumstance.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAMCAR WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL RAMCAR’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $100.
YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE WEBSITE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES AS PROVIDED IN THIS SECTION 12, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES DEEMED MADE TO YOU AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT WE OFFER THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CONTENT AND FUNCTIONALITY PROVIDED THEREIN, IN RELIANCE UPON THE ABOVE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE WEBSITE TERMS OF USE, THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND RAMCAR. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CONTENT OR FUNCTIONALITY PROVIDED THEREIN, TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.
You agree to indemnify, defend and hold harmless RAMCAR and its affiliates, and their respective directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other costs and expenses that arising out of or related to: (a) any allegation that you violated any law or the rights of any third party; (b) your breach or violation of the Website Terms of Use, including the conducts prohibited under Section 4, or any applicable laws or regulations; (c) your access to and use of or inability to use any of the Website or the Content; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to or through the Website or to RAMCAR or any other user of the Website; and/or (e) any claim that one of your transmissions or User Ideas caused or is alleged to have caused (and/or is causing) damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever (“Claims”).
You will promptly notify RAMCAR of any Claims and cooperate with RAMCAR in defending such Claims. RAMCAR and its successors and assigns reserve the right to participate in and/or assume control of the defense of any Claim. You agree to pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, reasonable attorneys’ fees). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a separate written agreement between you and RAMCAR.
These Website Terms of Use will be governed by the laws of the State of California, without regard to conflict of law provisions that would require the application of the laws of another jurisdiction. Except for small claims court actions or if you timely and properly opt out as set forth below you and RAMCAR expressly agree that all Disputes (defined below) must be resolved exclusively by binding arbitration located in Los Angeles County, California, as set forth below. You and RAMCAR expressly agree that for Disputes eligible to be resolved in small claims court or if you properly opt out, such Disputes must be resolved exclusively by a state or federal court located in Los Angeles, California, as applicable.
Any claim or cause of action arising out of or related to these Website Terms of Use, your access to or use of the Website, or any User Ideas you may submit (collectively, “Disputes”) must be filed within one year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.
It is our goal that the Website meets your expectations. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we will attempt to work with you to reach a reasonable resolution; however, we can only do this if we know about and understand your concern and if we can come to a reasonable resolution for both parties. Therefore, for any Dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at customerservice@ramcarbatteries.com to describe to us the nature of your Dispute. This email must specify your Dispute in reasonable detail, so that we are able to discern what it is about. While we hope that this informal process will lead to a resolution, if for some reason your Dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written detailed description of it, you agree to the further dispute resolution provisions below in this Section. The informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first as no arbitration or court proceeding may be commenced until the informal process is complete.
MANDATORY ARBITRATION. EXCEPT FOR SMALL CLAIMS COURT MATTERS AS SET FORTH BELOW OR IF YOU OPT OUT VIA THE PROCEDURES SET FORTH BELOW, YOU AND RAMCAR ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.
THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, LOCAL, OR OTHER COURT OR AGENCY, WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE WEBSITE TERMS OF USE AND THIS AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THESE WEBSITE TERMS OF USE OR THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE.
Arbitration Opt-Out. Without limiting the foregoing, you have the right to opt out of binding arbitration by providing RAMCAR with written notice of your election to opt-out to the following address: RAMCAR Batteries, Inc., 2700 Carrier Ave, Commerce, CA 90040, Attention: “Arbitration Opt-Out Notice.” Any Arbitration Opt-Out must be sent to us within thirty (30) days following the date you first agree to these Website Terms of Use (such notice, an “Arbitration Opt-Out Notice”). In order to be effective, the Arbitration Opt-Out Notice must be timely and include your full name, mailing address and email address, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.A.
These Website Terms of Use affect interstate commerce, and the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
Exception to Arbitration – Small Claims. Disputes that can be fully resolved in small claims court need not be submitted to arbitration under this Section 14.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim in reasonable detail. The arbitration will be administered by JAMS and will be resolved through confidential, binding arbitration before one arbitrator selected by JAMS. Arbitration proceedings will be held in Los Angeles County, California. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR DISPUTE UNDER THESE WEBSITE TERMS OF USE WILL BE JOINED TO ANY OTHER ARBITRATION OR DISPUTE, INCLUDING ANY ARBITRATION OR DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE (IF APPLICABLE) A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. In the event that this class action waiver is deemed unenforceable with respect to any particular Dispute otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction as set forth in Subsection A, above. If that occurs, however, the agreement to arbitrate contained herein and this class action waiver still will be fully enforceable as to all other Disputes, which must be resolved in arbitration on an individual basis.
Class Action Waiver Opt-Out. You have the right to opt out and not be bound by the class, collective, and representative action waiver provisions set forth herein above by sending written notice of your decision to opt-out to the following address: RAMCAR Batteries, Inc., 2700 Carrier Ave, Commerce, CA 90040, Attention: “Class Action Waiver Opt-Out.” Any Class Action Waiver Opt-Out must be sent to us within thirty (30) days following the date you first agree to these Website Terms of Use (such notice, an “Class Action Waiver Opt-out Out Notice”). To be effective, the Class Action Waiver Opt-Out Notice must be timely and include your full name, and mailing address, and email address, and clearly indicate your intent to opt out of this Class Action Waiver. Otherwise, you shall be bound by the above Class Action Waiver, in accordance with the terms herein.
YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL DISPUTES SUBJECT TO THE AGREEMENT TO ARBITRATE. YOU AND WE EACH ACKNOWLEDGE AND AGREE THAT ANY DISPUTE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE WE EACH KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS YOU OR WE MAY HAVE TO DEMAND THAT ANY DISPUTE BE TRIED BY A JURY. YOU AND WE ACKNOWLEDGE THAT THIS JURY TRIAL WAIVER MAY DEPRIVE YOU AND US OF AN IMPORTANT RIGHT AND YOU AND WE HAVE KNOWINGLY AND VOLUNTARILY AGREED TO WAIVE SUCH RIGHT, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
If any portion of this Section 14 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 these Website Terms of Use; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this Section 14; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. Further, if any part of this Section 14 is found to prohibit an individual Dispute 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 14 will be enforceable.
Notwithstanding the provisions of 15.A, if RAMCAR changes this Section 14 after the date you first accepted these Website Terms of Use (or accepted any subsequent changes to these Website Terms of Use), you may reject any such change by sending us written notice to the following address: RAMCAR Batteries, Inc., 2700 Carrier Ave, Commerce, CA 90040, Attn: “Rejection of Change to Terms of Use,” within 30 days of the date of RAMCAR’s email to you notifying you of such change. In order to be effective, the rejection notice must include your full name, mailing address, and email address and clearly indicate your intent to reject changes made to this Section 14. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RAMCAR in accordance with the provisions of the Website Terms of Use you previously agreed to. If the Website Terms of Use are otherwise modified, without changing this Section 14, you agree that modification will not create a new right to opt out of arbitration.
We reserve the right, at any time and without notice, to monitor, modify or discontinue the Website or any Content on the Website in our sole discretion for any purpose, including to make improvements, address technical needs, and help prevent damage to the Website.
RAMCAR has included the effective date of these Website Terms of Use on this document. We reserve the right, at any time and in our sole discretion, to change these Website Terms of Use and/or the Privacy Policy, in whole or in part, by notifying you as described in the Notices provision below. You are responsible for reviewing and complying with these Website Terms of Use and our Privacy Policy, in effect at the time you use the Website. You acknowledge that you will be bound by the revised Website Terms of Use, as of their effective date set forth therein, and your continued use of the Website constitutes acceptance of them. If you do not agree to the updated Website Terms of Use, you should stop using the Website. For this reason, we encourage you to review these Website Terms of Use any time you access or use the Website and recommend that you print out a copy for your records. Upon RAMCAR’s request, you agree to sign a non-electronic version of these Website Terms of Use and any other policies or agreements set forth or available on or through the Website.
Except as stated otherwise, all notices required from you under these Website Terms of Use must be sent to 2700 Carrier Ave, Commerce, CA 90040 or to any other address(es) specified by us from time-to-time, in our sole discretion. Notices, if personally delivered or sent via express or overnight mail, shall be deemed to have been received on the date of delivery or if by registered or certified mail, on the date entered on the registered/certified mail returned receipt. You may not send any notices under this Section to RAMCAR via email. We will provide you with notices about material changes to the Website or these Website Terms of Use or the Privacy Policy by posting them on the Website. Legal notices will be provided to you at your registered email address.
No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Website Terms of Use. If any provision or part of a provision of these Website Terms of Use is held unlawful, invalid, or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Website Terms of Use, and the other provisions of these Website Terms of Use will remain in full force and effect. You may not assign or transfer your rights or obligations under these Website Terms of Use. Any purported transfer or assignment in violation of the foregoing will be invalid. We may freely assign these Website Terms of Use and our rights and obligations hereunder without restriction. These Website Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Website Terms of Use or any rights under applicable law will not constitute a waiver of any of those provisions or rights. Except as expressly set forth in these Website Terms of Use, the exercise by either party of any of its remedies under these Website Terms of Use will be without prejudice to its other remedies under these Website Terms of Use or otherwise.
If you have any questions or comments about these Website Terms of Use or the Website, please contact us by email at customerservice@ramcarbatteries.com.
You may also reach us at the following address:
RAMCAR Batteries, Inc.
Attn: Contact – Website Terms of Use
2700 Carrier Ave.
Commerce, CA 90040
Last Updated: October 30, 2026
RAMCAR Batteries, Inc.
