Triple X Race Co : Terms Of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Triple X Race Components INC. The collective work includes works that are licensed to Triple X Race Components INC. Copyright 2003, Triple X Race Components INC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Triple X Race Components INC or purchasing Triple X Race Components INC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Triple X Race Components INC or to purchase Triple X Race Components INC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Triple X Race Components INC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Triple X Race Components INC used in the site are trademarks or registered trademarks of Triple X Race Components INC

Limitation of Liability
Triple X Race Components INC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Triple X Race Components INC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Triple X Race Components INC product is mistakenly listed at an incorrect price, Triple X Race Components INC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Triple X Race Components INC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Triple X Race Components INC shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Triple X Race Components INC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Triple X Race Components INC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Triple X Race Components INC.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Triple X Race Components INC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Triple X Race Components INC products) must be commenced within one (1) year after the claim or cause of action arises. Triple X Race Components INC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Triple X Race Components INC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Triple X Race Components INC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Triple X Race Components INC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Triple X Race Components INC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Triple X Race Components INC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Triple X Race Components INC in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Triple X Race Components INC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Triple X Race Components INC may link to sites operated by third parties. However, even if the third party is affiliated with Triple X Race Components INC, Triple X Race Components INC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Triple X Race Components INC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Triple X Race Components INC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Warranty
Triple X Race Components INC warrants to Purchaser that a part manufactured by or for Triple X Race Components INC (a "Part" or "Parts") will conform to the description of such Part contained in any catalog and/or web site provided by Triple X Race Components INC which is current at the time of sale of such Part to Purchaser (the "Description"). Triple X Race Components INC MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED. Triple X Race Components INC EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTY AS TO PERFORMANCE OF ANY PART.

The liability of Triple X Race Components INC for breach of the foregoing warranty is limited to repair or replacement of any Part determined to fail to conform to its Description prior to installation and use. The burden of establishing that a Part fails to conform to its Description shall be upon Purchaser. In order to be entitled to repair or replacement of a Part, Purchaser must
(i) inspect the Part upon receipt; and
(ii) notify Triple X Race Components INC in writing of the defect PRIOR TO INSTALLATION OF THE PART.

In no event shall Triple X Race Components INC be liable hereunder for any Part which has been installed. Purchaser assumes all risk relating to a Part once such Part is installed. Triple X Race Components INC SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OR FOR LOSS OR DAMAGE DIRECTLY 0R INDIRECTLY ARISING FROM THE USE OF A PART.

Every claim under this Limited Warranty shall be deemed waived unless made in writing within ninety (30) days of delivery of the Part by Triple X Race Components INC to Purchaser. Purchaser acknowledges that, due to the multiple uses of the Parts, it is impossible for Triple X Race Components INC to predict the performance of the Parts once installed or the suitability of the Parts for any particular use. Purchaser expressly acknowledges Purchaser's obligation to factually inform all users (customers) of the above disclaimer.

Indemnity Against Third Party Claims PURCHASER HEREBY AGREES TO INDEMNIFY Triple X Race Components INC AND HOLD HARMLESS Triple X Race Components INC FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSS AND DAMAGES, INCLUDING ATTORNEYS FEES, MADE BY ANY THIRD PARTY AGAINST Triple X Race Components INC RELATING TO A PART OR THE USE OF ANY PART.

Purchaser understands and agrees that no officer, director, employee or salesman of Triple X Race Components INC or any vendor, dealer, or distributor has any authority to make any statements contrary to the terms of this Limited Warranty. On the contrary, Triple X Race Components INC disavows any statements contrary to what is above written.

Miscellaneous This writing constitutes the full, complete and final statement of Triple X Race Components INC's limited warranty for Parts. All prior oral and written correspondence, test data, negotiations, representations, understandings and the like regarding Parts are merged in this writing and extinguished by it. This Limited Warranty may not be altered, amended, extended or modified except by a writing signed by the President or Vice President of Triple X Race Components INC. Triple X Race Components INC's failure at any time to enforce any of the terms and conditions stated herein shall not constitute a waiver of any of the provisions herein. This Limited Warranty shall be governed by and construed in accordance with the laws of the Washington State. Any legal actions which may arise as a result of disputes, controversies, or claims arising out of or related to this Limited Warranty shall be litigated in court in Washington State, or in such other forum as Triple X Race Components INC and Purchaser shall agree.

This Limited Warranty shall not be assigned by Purchaser.

Our responsibility for merchandise shipped via common carrier ceases upon delivering the order to the carrier. We are not responsible for merchandise lost or damaged in transit. You must file a claim with the delivery carrier. We would however assist you in supplying any information necessary for submission of your claim.

It is the responsibility of the buyer to comply with all laws and regulations, Federal, State and Local, governing resale of products sold by Triple X Race Components INC.

Product Return Policy
All returns and exchanges must be requested within 30 days of product purchase. Triple X Race Components INC will not accept returns or exchanges on behalf of our dealerships. Returned and Exchanged product must be new, unused, and unaltered and must be in the original packaging. Unless the product is being returned due to an error on our part (you received an incorrect or defective item), shipping costs are non refundable.