Terms of service

Terms of Service
Effective October 22, 2026

OVERVIEW
This website is operated by Esses Motorsports Ltd. Co. (“Esses Motorsports,” “we,” “us,” or “our”). We offer this website, including all information, tools, and services available from it, to you, the user, on the condition that you accept all terms, conditions, policies, and notices stated here.

By visiting our site or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including the additional policies referenced here and available by hyperlink: our Return & Refund Policy, Shipping Policy, and Privacy Policy. These Terms apply to all users of the site, including browsers, customers, vendors, merchants, and contributors of content.

PLEASE READ THESE TERMS CAREFULLY. SECTIONS 7, 8, 18, AND 23 CONTAIN AN ASSUMPTION OF RISK, A RELEASE OF CLAIMS, A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AND A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER. THESE AFFECT YOUR LEGAL RIGHTS. If you do not agree to all of these Terms, you may not access the website or purchase from us.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 18 years old or the age of majority in your state of residence. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service. You must not transmit any worms, viruses, or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your access to the Service.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason at any time. Your content (not including credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. Section headings are for convenience only and do not limit these Terms.

SECTION 3 – ACCURACY OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary or more complete sources. Any reliance on the material on this site is at your own risk. We may modify the site’s contents at any time but have no obligation to update any information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice. We may modify or discontinue the Service, or any part of it, at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS
Products are subject to return or exchange only according to our Return & Refund Policy. We make every effort to display product images and colors accurately but cannot guarantee your screen’s display is accurate. Product images may be representative and may not show the exact item. Product descriptions, specifications, and performance figures are supplied by manufacturers and are not representations or warranties by Esses Motorsports. We reserve the right to limit sales to any person, region, or jurisdiction, to limit quantities, and to discontinue any product at any time. Any offer made on this site is void where prohibited.

SECTION 6 – FITMENT
Fitment information, vehicle applications, and compatibility guides are provided as a reference only and are supplied by manufacturers. You are solely responsible for confirming that a part fits and is suitable for your specific vehicle before purchase and installation. If you are unsure, contact us before ordering. We are not responsible for incorrect fitment selected by the customer.

SECTION 7 – OFF-ROAD, COMPETITION, AND EMISSIONS COMPLIANCE

NOTICE: CERTAIN PRODUCTS SOLD BY ESSES MOTORSPORTS ARE INTENDED SOLELY FOR USE ON VEHICLES USED EXCLUSIVELY IN SANCTIONED COMPETITION ON A CLOSED COURSE. THESE PRODUCTS ARE NOT LEGAL FOR SALE, INSTALLATION, OR USE ON ANY EMISSIONS-CONTROLLED MOTOR VEHICLE REGISTERED OR OPERATED ON PUBLIC ROADS.

(a) Product designations. Products identified as “off-road use only,” “race use only,” or “competition use only,” and products that do not carry an EPA certification or California Air Resources Board (CARB) Executive Order (EO) number, may not be legal for use on vehicles operated on public roads in any state. Products carrying a CARB EO number are legal only when installed on the specific vehicles listed in that EO and in the manner the EO specifies.

(b) Your representations. By purchasing any product from Esses Motorsports, you represent and warrant that:

1. You have independently determined whether the product is legal for your vehicle and its intended use under all applicable federal, state, and local laws, including the Clean Air Act, EPA regulations, and CARB regulations;
2. You will not install or use any product in a manner that removes, bypasses, defeats, or renders inoperative any emissions-control device or element of design on a motor vehicle operated on public roads;
3. You will not install any competition-only product on a vehicle registered for, or operated on, public roads; and
4. All information you provide to us regarding your vehicle and intended use is true and accurate.

(c) Right to refuse or cancel. We may refuse or cancel any order, at any time and without liability, including orders shipping to California or any other jurisdiction where a product is not legal for sale or use, or any order we reasonably believe is intended for unlawful use.

(d) No legal advice. Any statement by Esses Motorsports or its representatives regarding a product’s legality, emissions compliance, or suitability is informational only and is not legal advice. You must rely on your own investigation.

(e) Your responsibility. YOU ARE SOLELY RESPONSIBLE FOR, AND ESSES MOTORSPORTS SHALL HAVE NO LIABILITY FOR, ANY FINES, PENALTIES, FAILED INSPECTIONS, REGISTRATION DENIALS, VOIDED VEHICLE WARRANTIES, ENFORCEMENT ACTIONS, OR OTHER CONSEQUENCES ARISING FROM YOUR PURCHASE, INSTALLATION, OR USE OF ANY PRODUCT IN VIOLATION OF ANY LAW OR OF THESE TERMS.

(f) Indemnification for unlawful use. You agree to indemnify, defend, and hold harmless Esses Motorsports and its owners, members, officers, employees, and agents from any claim, fine, penalty, demand, or expense, including reasonable attorneys’ fees, arising from your installation or use of any product in violation of any law, or from any breach of your representations in this Section.

SECTION 8 – INSTALLATION, ASSUMPTION OF RISK, AND RELEASE

WARNING: IMPROPER INSTALLATION, MODIFICATION, OR USE OF PERFORMANCE AND MOTORSPORTS PARTS CAN CAUSE VEHICLE DAMAGE, LOSS OF VEHICLE CONTROL, FIRE, SERIOUS BODILY INJURY, OR DEATH.

(a) Professional installation. All products should be installed by a qualified, professional technician in strict accordance with the manufacturer’s instructions and warnings. You are responsible for reading and following all manufacturer instructions, warnings, torque specifications, and maintenance requirements. Esses Motorsports does not install products and does not supervise or inspect any installation.

(b) Product seller status. Esses Motorsports is a product seller. We do not design, manufacture, assemble, modify, or label the products we sell. Products are designed and manufactured by third parties, and many ship directly from the manufacturer or distributor.

(c) Inherent risks. Motorsports, racing, track driving, and high-performance driving are inherently dangerous activities. Performance modifications can change how a vehicle accelerates, brakes, handles, and performs, and can increase mechanical stress on the vehicle and its components.

(d) ASSUMPTION OF RISK. BY PURCHASING, INSTALLING, OR USING ANY PRODUCT FROM ESSES MOTORSPORTS, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF PROPERTY DAMAGE, BODILY INJURY, AND DEATH ARISING FROM THE INSTALLATION OR USE OF THE PRODUCT, INCLUDING USE IN RACING, TRACK, OR COMPETITION EVENTS AND USE BY ANY OTHER PERSON YOU PERMIT TO OPERATE YOUR VEHICLE.

(e) RELEASE OF CLAIMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, AND DISCHARGE ESSES MOTORSPORTS AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY, OR DEATH ARISING FROM THE INSTALLATION OR USE OF ANY PRODUCT, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ESSES MOTORSPORTS. This release does not apply to claims arising from gross negligence or willful or wanton misconduct.

(f) Labor and incidental costs. Esses Motorsports is not responsible for installation or removal labor, diagnostic fees, towing, storage, rental vehicles, lost race or event fees, travel, or downtime.

(g) Third parties. You are responsible for informing any installer, passenger, or other operator of your vehicle of the risks described in this Section, and you agree to indemnify Esses Motorsports against any claim brought by a third party arising from your installation or use of a product.

SECTION 9 – WARRANTY
Products are covered only by the warranty, if any, provided by the original manufacturer. Esses Motorsports does not provide any separate warranty, and no employee, agent, or representative of Esses Motorsports is authorized to make any warranty, oral or written, on our behalf. Warranty claims are subject to the manufacturer’s terms and may require evaluation by the manufacturer. Manufacturer warranties generally do not cover parts used in racing or competition, improperly installed or modified parts, or normal wear. We will assist you in submitting a warranty claim to the manufacturer where possible.

SECTION 10 – ORDERS, BILLING, AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order. We may limit or cancel quantities purchased per person, household, or order, including orders placed under the same account, credit card, or billing or shipping address. If we change or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information and to update it promptly so we can complete your transactions and contact you as needed.

SECTION 11 – PAYMENT DISPUTES
If you have a problem with an order, you agree to contact us first at EssesMotorsports@gmail.com and give us a reasonable opportunity to resolve it before filing a dispute or chargeback with your card issuer. In the event of a dispute, we may provide your order, delivery, communication, and policy records to your card issuer or payment processor. Orders subject to an open dispute may not be eligible for return or refund through us until the dispute is resolved.

SECTION 12 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor or control. Such tools are provided “as is” and “as available,” without warranties or endorsement, and we have no liability arising from your use of them. Any use of optional tools is at your own risk. New features or services added to the site are also subject to these Terms.

SECTION 13 – THIRD-PARTY LINKS
Some content, products, and services on our site may come from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for third-party content, products, or services, and we are not liable for any harm or damages related to transactions with third-party websites. Review third-party policies carefully before engaging with them.

SECTION 14 – USER COMMENTS, FEEDBACK, AND SUBMISSIONS
If you send us comments, ideas, suggestions, reviews, or other materials, you agree that we may edit, copy, publish, distribute, and otherwise use them in any medium without restriction, compensation, or obligation to keep them confidential or respond. We may, but are not obligated to, monitor, edit, or remove content we determine is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your comments and reviews will be truthful, will not violate any third party’s rights, and will not contain libelous, unlawful, abusive, or obscene material or malicious code. You may not use a false email address, impersonate anyone, or mislead us or others about the origin of your comments. You are solely responsible for the comments you make.

SECTION 15 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 16 – ERRORS, INACCURACIES, AND OMISSIONS
Information on our site may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. If an order is cancelled due to a pricing error, any payment will be refunded in full.

SECTION 17 – PROHIBITED USES
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any international, federal, state, or local law or regulation; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate, or discriminate against anyone; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track others’ personal information; (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 site’s security features. We may terminate your use of the Service for violating any prohibited use.

SECTION 18 – DISCLAIMER OF WARRANTIES; EXCLUSIVE REMEDY; LIMITATION OF LIABILITY

(a) DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY WARRANTY PROVIDED DIRECTLY BY THE MANUFACTURER, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ESSES MOTORSPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF DURABILITY, PERFORMANCE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

(b) EXCLUSIVE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY, AND ESSES MOTORSPORTS’ SOLE AND EXCLUSIVE LIABILITY, FOR ANY CLAIM RELATING TO A PRODUCT, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR OTHERWISE, SHALL BE, AT OUR OPTION, REPLACEMENT OF THE PRODUCT OR REFUND OF THE PURCHASE PRICE PAID FOR THAT PRODUCT, SUBJECT TO OUR RETURN & REFUND POLICY.

(c) EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ESSES MOTORSPORTS OR ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGE TO YOUR VEHICLE OR OTHER PROPERTY, INSTALLATION OR REMOVAL COSTS, LOST PROFITS, LOST REVENUE, LOSS OF USE, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(d) LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, ESSES MOTORSPORTS’ TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO ANY PRODUCT, ORDER, OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO ESSES MOTORSPORTS FOR THE PRODUCT GIVING RISE TO THE CLAIM.

(e) Exceptions. Nothing in these Terms excludes or limits liability for gross negligence, willful or wanton misconduct, fraud, or bodily injury to the extent such exclusion or limitation is prohibited by applicable law. In those cases, our liability is limited to the maximum extent the law permits.

(f) Basis of the bargain. You acknowledge that our prices reflect the allocation of risk in this Section, Section 7, and Section 8, and that we would not sell products to you without these limitations.

(g) TIME LIMIT ON CLAIMS. ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO ANY PRODUCT, ORDER, OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED, to the extent permitted by law.

SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Esses Motorsports and its owners, members, officers, agents, contractors, suppliers, service providers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising from your breach of these Terms or the documents they incorporate by reference, your violation of any law or third-party rights, or your installation or use of any product.

SECTION 20 – SEVERABILITY
If any provision of these Terms is found unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed without affecting the remaining provisions.

SECTION 21 – TERMINATION
Obligations and liabilities incurred before termination survive termination. These Terms are effective until terminated by you or us. You may terminate them at any time by ceasing to use our site. If we determine or suspect that you have failed to comply with these Terms, we may terminate this agreement without notice; you remain liable for all amounts due through the termination date, and we may deny you access to the Service. Sections 7, 8, 18, 19, and 23 survive termination.

SECTION 22 – ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not waive that right or provision. These Terms and any policies posted on this site constitute the entire agreement between you and us governing your use of the Service, superseding any prior agreements, communications, or versions of these Terms. Any ambiguities shall not be construed against the drafting party.

SECTION 23 – DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH ESSES MOTORSPORTS THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

(a) Informal resolution first. Before starting any arbitration or court action, you agree to send a written notice describing your claim and the relief requested to EssesMotorsports@gmail.com, and to attempt in good faith to resolve the dispute informally for at least 30 days.

(b) Binding arbitration. EXCEPT AS PROVIDED IN SUBSECTION (c), ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM OR RELATING TO THESE TERMS, ANY PRODUCT, ANY ORDER, OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration may be conducted by video conference, by written submissions, or in person in the county where you reside. The arbitrator shall apply these Terms, including Sections 7, 8, and 18. This agreement is governed by the Federal Arbitration Act.

(c) Small claims exception. Either party may instead bring an individual claim in small claims court, provided the claim qualifies and remains in that court.

(d) CLASS ACTION WAIVER. YOU AND ESSES MOTORSPORTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person. If this class action waiver is found unenforceable, then the entirety of this Section 23(b) shall be void, and the dispute shall proceed in court as provided in Section 24.

(e) Opt-out. You may opt out of this arbitration agreement by emailing EssesMotorsports@gmail.com with the subject line “Arbitration Opt-Out,” your name, and your order number within 30 days of your first purchase. Opting out does not affect any other provision of these Terms.

SECTION 24 – GOVERNING LAW AND VENUE
These Terms, and any separate agreements under which we provide you products or services, are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-law rules, except that Section 23 is governed by the Federal Arbitration Act. Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Georgia, and you consent to the jurisdiction of those courts.

SECTION 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We may update, change, or replace any part of these Terms by posting changes to our website. It is your responsibility to check this page periodically. Your continued use of the website or Service after changes are posted constitutes acceptance of those changes. Changes do not apply retroactively to orders placed before the effective date.

SECTION 26 – CONTACT INFORMATION
Esses Motorsports Ltd. Co.
Questions about these Terms should be sent to EssesMotorsports@gmail.com.