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Welcome to HyperformanceParts.com. HyperformanceParts.com provides its
services to you subject to the following conditions. Please read them carefully.
If you visit or shop at HyperformanceParts.com, you accept these conditions.
YOUR PRIVACY
In order to understand our privacy practices,
please
review our Privacy Policy which, in addition to these Conditions of Use,
governs your visit to HyperformanceParts.com.
COMMUNICATING WITH US
When you visit HyperformanceParts.com, send e-mails to us, or chat with us using
our instant messaging service, you are communicating with us electronically. You
hereby consent to receive communications from us electronically. We will
communicate with you by e-mail, through our instant messaging service, or by
posting notices on this site. You hereby agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement (if any) that such communications be made to you
in writing.
COPYRIGHTS
All content on this site, including but not limited to text, graphics, logos,
button icons, images, and software, is the property of HyperformanceParts.com or
its content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property of
HyperformanceParts.com and protected by U.S. and international copyright laws.
All software used on this site is the property of HyperformanceParts.com or its
software suppliers, and is protected by United States and international
copyright laws.
TRADEMARKS
HYPERFORMANCEPARTS, HYPERFORMANCEPARTS.COM, and other HyperformanceParts.com
graphics, logos, page headers, button icons, and scripts, are trademarks,
registered trademarks or trade dress of HyperformanceParts.com, and thus
protected by United States and international trademark laws.
HyperformanceParts.com's trademarks and/or trade dress may not be used in
connection with any product or service that does not belong to
HyperformanceParts.com, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits HyperformanceParts.com.
All other trademarks not owned by HyperformanceParts.com that appear on this
site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by HyperformanceParts.com.
ACCESSING AND USING OUR SITE
HyperformanceParts.com grants you a limited, revocable license to access this
site and to make personal use of this site, but not to download (other than page
caching) or modify this site, or any portion of it, except with express written
consent of HyperformanceParts.com. The aforementioned license does not include
any resale or commercial use of this site or its contents; any collection and/or
use of any product listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information, or any
use of data mining, robots, or similar data gathering and extraction tools.
Neither this site nor any portion of this site may be reproduced, duplicated,
copied, sold, visited, or otherwise exploited for any commercial purpose without
the express written consent of HyperformanceParts.com. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of
HyperformanceParts.com without the express written consent of
HyperformanceParts.com. You may not use any meta tags or any other "hidden text"
utilizing HyperformanceParts.com's name or trademarks without the express
written consent of HyperformanceParts.com. Any unauthorized use of this site or
any of its contents terminates the permission or license granted to you by
HyperformanceParts.com to use and/or visit this site. You are hereby granted a
limited, revocable, and nonexclusive right to create a hyperlink to
HyperformanceParts.com’s home page (www.HyperformanceParts.com) so long as the
link does not portray HyperformanceParts.com or their products, services,
practices, or employees in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any HyperformanceParts.com logo or other
proprietary graphic or trademark as part of the link without the express written
permission of HyperformanceParts.com.
YOUR HYPERFORMANCEPARTS.COM ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. If you are under 18, you may use HyperformanceParts.com only with
involvement of a parent or guardian. HyperformanceParts.com reserves the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in its sole discretion.
USER-SUPPLIED CONTENT
Users of this site may post reviews, comments, and other content; and submit
suggestions, ideas, comments, questions, or other information, so long as such
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of "spam”. You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of any content
submitted. HyperformanceParts.com reserves the right (but not the obligation) to
remove or edit any content. If you do post content or submit material, and
unless we indicate otherwise, you grant HyperformanceParts.com a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant HyperformanceParts.com and its affiliates and sublicensees the right to
use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify HyperformanceParts.com or its affiliates
or sublicensees for all claims resulting from content you supply.
HyperformanceParts.com has the right but not the obligation to monitor and edit
or remove any activity or content. HyperformanceParts.com takes no
responsibility and assumes no liability for any content posted by you or any
third party.
SHIPPING TERMS/PASSAGE OF TITLE
All items purchased from HyperformanceParts.com are made pursuant to a contract.
If you pay for shipping, then shipping terms are FOB Destination, Freight
Collect. If you do not pay for shipping, then shipping terms are FOB
Destination, Freight Prepaid. In both cases, and if you pick up your merchandise
at our retail location, the title for such merchandise passes to you upon your
receipt of the goods, whether received from common carrier or by in-store pick
up.
PRODUCT IMAGES/DESCRIPTIONS
HyperformanceParts.com attempts to be as accurate as possible in our product
images and/or descriptions. However, HyperformanceParts.com does not warrant
that product images, descriptions or other content on this site are accurate,
complete, reliable, current, or error-free. If a product offered by
HyperformanceParts.com is not as described, your sole remedy is to return it in
unused condition.
MERCHANDISE PRICING
Except where noted otherwise, the “MSRP” displayed for products on our website
represents the full retail price for the product itself, as suggested by the
manufacturer or supplier, or estimated in accordance with standard industry
practice; or the estimated retail value for a comparably featured item offered
elsewhere. The “MSRP” is a comparative price estimate and may or may not
represent the prevailing price in every area on any particular day. For certain
items that are offered as a set, the “MSRP” may represent the aggregate of the
manufacturer's estimated or suggested retail price for each of the items
included in the set. HyperformanceParts.com can not confirm the price of an item
until you order. Despite our best efforts, a small number of the items on our
website may be mispriced. If an item's correct price is higher than our stated
price, we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation. If an item’s
correct price is lower than our stated price, you will only be charged the
correct, lower amount.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE
ARE PROVIDED BY HYPERFORMANCEPARTS.COM OR ITS AFFILIATES ON AN "AS IS" AND "AS
AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HYPERFORMANCEPARTS.COM
AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HYPERFORMANCEPARTS.COM AND ITS
AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. HYPERFORMANCEPARTS.COM AND ITS AFFILIATES DO NOT WARRANT THAT THIS
SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS;
OR E-MAIL OR INSTANT MESSAGES SENT FROM HYPERFORMANCEPARTS.COM ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. HYPERFORMANCEPARTS.COM AND ITS AFFILIATES
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE
OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
HYPERFORMANCEPARTS.COM’S SOLE LIABILITY, IF ANY, RESULTNG FROM CLAIMS BASED ON
ITEM(S) PURCHASED FROM HYPERFORMANCEPARTS.COM SHALL BE LIMITED TO THE VALUE OF
THE ITEM(S) PURCHASED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GOVERNING LAW
By visiting HyperformanceParts.com, you agree that the laws of the state of
Texas, without giving effect to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between you
and HyperformanceParts.com and/or its affiliates.
DISPUTE RESOLUTION
Any dispute relating in any way to your visit to HyperformanceParts.com or to
products you purchase through HyperformanceParts.com shall be submitted to
confidential arbitration in Austin, Texas, except that, to the extent you have
in any manner violated or threatened to violate HyperformanceParts.com's
intellectual property rights, HyperformanceParts.com may seek injunctive or
other appropriate relief in any state or federal court in the State of Texas,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under these Conditions of Use shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction. To the
full extent permitted by applicable law, no arbitration under these Conditions
of Use shall be joined to an arbitration involving any other party subject to
these Conditions of Use, whether through class arbitration proceedings or
otherwise.
MISCELLANEOUS
Please review our other policies posted on this site. These other policies also
govern your visit to HyperformanceParts.com. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason
unenforceable, such condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
TO CONTACT US
Hyperformance Parts
4404 W. William Cannon Dr Suite P202
Austin, TX 78749
http://www.HyperformanceParts.com |