Overview
These
terms and conditions ("Agreement") govern your use of InCarParts or any
company site operating under the InCarParts business ("Site"), an
online information service operated by InCarParts.com or its Affiliates
("InCarParts", "we", "our", "us", etc.). By using this Site you consent
and agree to the terms and conditions contained in this Agreement. If
you are unwilling to accept the terms and conditions contained in this
Agreement, please do not use this Site.
Copyright
All content ("Content") included on this Site, such as text, graphics,
logos, color combinations, layout, button icons, images, audio clips
and software (whether contained in or used to operate the Site), is the
property of InCarParts or its content suppliers and protected by U.S.
and international copyright, trademark, service mark and other
intellectual property laws. The compilation (meaning the collection,
arrangement and assembly) of all content on this Site is the exclusive
property of InCarParts and protected by U.S. and international
copyright laws. This Agreement does not transfer any right, title, or
interest in the Site or the Content to you, and nothing contained in
this Agreement or on the Site shall be construed as conferring any
license or right, expressly, by implication, by estoppel or otherwise
other than as explicitly set forth herein. InCarParts and its Content
suppliers retain all of its and their respective right, title and
interest to the Site and Content. For copyright infringement claims
regarding Content on this Site, please see below under the heading
Copyright
Infringement – Trademarks
Certain products, services, or company designations for companies other
than InCarParts may be mentioned in the Site for identification
purposes only. Such designations are often claimed as trademarks or
service marks. However, you should contact the appropriate companies
for more complete information regarding such designations and their
registration status. All trademarks and registered trademarks mentioned
on this Site are properties of their respective owners.
Use
of Content; Linking to Our Website
Use of Content. The Content may be used as a personal informational
resource. Specifically, you may download, view, copy and print Content
only to the extent such activities are solely for your personal
informational use.
Linking to Site. You may link or hyper-link to the home page of the
Site from any Qualified Site, provided (a) you notify us by email
specifying the URL of each page from which you will be linking to our
home page; (b) you do not frame the Site or any portion of the Site;
(c) you do not deep link into the Site (i.e., you do not link into any
page other than the home page); (d) the link or hyper-link to the Site
is not used in a way that suggests that InCarParts endorses you or your
web site; (e) the link is identified using a plain text rendering of
the InCarParts' name and not any trademark or InCarParts' logo; (f) the
link or hyper-link to the Site is not used or presented in any way that
disparages InCarParts or tarnishes, blurs, or dilutes the quality of
our names or trademarks or any associated goodwill; (g) the link or
hyper-link to the Site is not displayed on any web page that displays
Objectionable content or links; and (h) you agree that we may terminate
your right to link or hyperlink to the Site at any time for any reason
or no reason. "Qualified Site" means a web site that displays no
Objectionable content, is not owned or controlled by a competitor to
InCarParts and the content of which is not competitive to the Site.
"Objectionable" means as to any content, information in any medium or
format, including without limitation text, data, graphics, audio or
video, that: (1) is libelous or defamatory, pornographic, sexually
explicit, unlawful or plagiarized; (2) a reasonable person would
consider harassing, abusive, threatening, harmful, vulgar, profane,
obscene, excessively violent, racially, ethnically or otherwise
objectionable or offensive in any way or (3) constitutes a breach of
any person's privacy or publicity rights, a misrepresentation of facts,
hate speech or an infringement of any third party's intellectual
property rights of any kind, including without limitation, copyright,
patent, trademark, industrial design, trade secret, confidentiality or
moral rights; or (4) violates or encourages other to violate any
applicable law. No Other Use. Any other use, including the
reproduction, modification, distribution, transmission, republication,
display or performance, of the Content on this Site without our written
permission is strictly prohibited.
Email
and Feedback; User Information
"User
Information" is any information that you send or transmit via e-mail or
other means to InCarParts, its webmaster or employees or within a Forum
(including, but not limited to, feedback, questions, comments, etc.).
InCarParts does not pre-screen User Information, and InCarParts has the
right (but not the obligation) to refuse or remove any User Information
that is available through the Site in its sole discretion. By using
this Site, you hereby grant InCarParts a world-wide, royalty free and
non-exclusive license to: (a) use, reproduce, copy, modify, transmit,
adapt, publish, translate, reformat, create derivative works from,
distribute, publicly perform, and publicly display such User
Information (in whole or in part) and to incorporate it in other works
in any form, media, or technology now known or later developed; (b)
publish your name in connection with the User Information; and (c)
sublicense such rights to InCarParts' subsidiaries, affiliates, and
partners. However, your personally identifiable information will be
treated in accordance with InCarParts' Privacy Policy. You agree: (1)
that you will not be paid with respect to the use of your User
Information; (2) that by sending or transmitting User Information, you
are representing that you own or otherwise control all of the rights to
your User Information; (3) that all so-called "moral rights" in the
User Information have been waived; (4) that you are solely responsible
for your actions and the content of your transmissions through or
postings on the Site; (5) not to forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content or User
Information transmitted through the Site; and (6) not to impersonate
any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity. Please do not submit Objectionable
User Information or use the Site in any way that is Objectionable.
"Objectionable" has the meaning set forth under the "USE OF CONTENT;
LINKING TO OUR SITE" section of this Agreement. InCarParts and its
employees do not accept or consider unsolicited ideas. Please do not
send your unsolicited ideas or any original materials to InCarParts or
anyone at InCarParts. If, despite this request, you still send
InCarParts your ideas or such materials, please understand that
InCarParts makes no assurances that your ideas or materials will be
treated as confidential or proprietary, and upon submission, any such
ideas or materials become the sole and exclusive property of
InCarParts.
Prohibitions
Under no circumstances may you: - send unsolicited commercial email to
the email addresses provided on the Site (spam, chain emails,
advertising solicitations and similar email solicitations are expressly
prohibited); - delete, modify or attempt to change or alter any of the
Content on the Site; - use any device, software or routine that
interferes with the proper functioning of the Site or servers or
networks connected to the Site, or take any other action that
interferes with other parties' use of the Site; - use the Site or the
Content, intentionally or unintentionally, in any manner inconsistent
with or in violation of any applicable laws or regulations or in
violation of the rules of any other web site providers, web sites, chat
rooms or the like, including, without limitation, laws regarding
import/export of technical data by virtue of your online transmission;
- use any "robot", "spider" or other automatic or manual device or
process for the purpose of compiling information on the Site for
purposes other than for a generally available search engine; or - use
any InCarParts' names, service marks, or trademarks without our prior
written consent, including without limitation as metatags or hidden
text.
External
Links; Other Websites' Products; Services and Content
The Site may provide links to web sites and access to content, products
and services of third parties, including without limitation,
InCarParts' affiliates and strategic partners and other entities with
which our connection consists of only a hyperlink ("Other Sites"). You
should refer to the separate terms of use, privacy policies, and other
rules posted on Other Sites before you use them. InCarParts is not
responsible for (a) the availability of, and content provided on, Other
Sites, nor does inclusion of any link imply endorsement of the Other
Site by InCarParts, or vice versa; (b) third party content accessible
through the Site, including opinions, advice, or statements (and you
understand that you bear all risks associated with the use of such
content); (c) any loss or damage of any sort you may incur from dealing
with any third party; or (d) your dealings with any third parties found
on or through the Site, including your participation in promotions, the
payment for and delivery of goods if any, and any terms, conditions,
warranties, or representations associated with such dealings.
Special
Legal Considerations; Other Terms
You must possess the legal right and ability to use the Site. Certain
portions of the site and/or the Content may not be suitable for all
visitors. You agree to comply with all applicable laws, rules and
regulations concerning your access to and/or use of such portions(s) of
the Site and/or the Content, including any internal rules regarding
your access to and/or use of the Site. Notwithstanding any other
provision of this Agreement to the contrary, InCarParts reserves the
right to cooperate with local, state and federal officials in any
investigation relating to any purported illegal activity(ies) and, to
disclose information about you pursuant to our Privacy Statement which
is hereby incorporated by reference.
Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE
AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED
ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
INCARPARTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND
SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF
TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. BY ACCEPTING THIS
AGGREMENT, YOU ARE COMFIRMING WITHOUT A SHADOW OF A DOUBT THAT YOU ARE
PURCHASING AFTERMARKET PARTS AND WILL BE USING THEM AT YOUR RISK. YOUR
VEHICLE MAY THROW AN ERROR CODE ON THE DASH OR COMPUTER IF YOU USE OUR
PERFORMANCE CHIPS, LIGHTING PRODUCTS, PERFORMANCE PRODUCTS, OR ANY
OTHER AFTERMARKET OR FACTORY ORIGINAL PRODUCT SOLD BY INCARPARTS OR ITS
AFFLIATES. INCARPARTS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY
OBLIGATION, THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (b)
THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR
APPLICABLE TO YOUR CIRCUMSTANCES; (c) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL
BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS; OR (e) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT
YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH CONTENT, MATERIAL AND/OR DATA. PRICE AND AVAILABILITY INFORMATION
IS SUBJECT TO CHANGE WITHOUT NOTICE.
Applicable
Law
This Site is owned and operated by InCarParts in the State of
Minnesota, USA. As such, the laws of the State of Minnesota will govern
these disclaimers, terms and conditions, without giving effect to any
principles of conflicts of laws. We reserve the right to make changes
to our Site and these disclaimers, terms and conditions at any time.
Modifications
to Website; Agreement; Termination of Site
Modifications to Agreement. InCarParts may change the terms of this
Agreement from time to time. If you object to any provision of this
Agreement or any subsequent modifications to this Agreement or become
dissatisfied with the Site in any way, your only recourse is to
immediately terminate use of the Site. Access or Site Termination.
InCarParts reserves the right to terminate your access to this Site (or
portions of the Site), temporarily or permanently, with or without
notice to you, and is not obligated to support or update the Site. You
acknowledge and agree that InCarParts will not be liable to you or any
third party in the event that we exercise our right to modify or
terminate access to the Site (or portions of the Site). Unless
explicitly stated otherwise, any new features that augment or enhance
the current Site will be subject to this Agreement. LIMITATION OF
LIABILITY IN NO EVENT SHALL INCARPARTS OR ITS THIRD PARTY CONTENT AND
SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF
PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA,
GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE
OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE
RESULTING FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
GOODS, OR WEB SITES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE, OR (d) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF
INCARPARTS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS
LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE
TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR
EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS,
UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR
ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF
LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU. INDEMNITY You agree to indemnify,
defend and hold harmless InCarParts, its affiliates, shareholders,
directors, officers, co-branders, content providers, subsidiaries,
parents, employees and agents, from any claim, demand, liability,
dispute, damage, cost, expense, or loss, including reasonable
attorneys' fees and costs of litigation, arising out of, or in any way
connected with your use of or access to the Site, your use of the
Content, your linking to the Site or your violation of this Agreement.
This obligation will survive your use of the Site.
Dispute
Resolution
Any
dispute arising out of or in connection with this Agreement or your use
of any Content or this Site or your access to or links to this Site,
shall be resolved by arbitration before three neutral arbitrators
administered by the American Arbitration Association in Minneapolis,
Minnesota in accordance with its Commercial Arbitration Rules, as then
in effect. Except for punitive damages (which may not be awarded), any
provisional or equitable remedy which would be available from a court
of law shall be available from the arbitrators to parties. The award of
the arbitrators may be enforced in any court having jurisdiction
thereof. Both parties hereby consent (a) to the non-exclusive
jurisdiction of the courts of Minneapolis, MN for any action (1) to
compel arbitration, (2) to enforce the award of the arbitrators or (3)
at any time prior to the qualification and appointment of the
arbitrators, for temporary, interim or provisional equitable remedies
and (b) to service of process in any such action by registered mail or
any other means provided by law. Some jurisdictions may provide
additional rights to consumers.
Limitation
on Actions
You agree that any claim or cause of action arising out of your use of
the Site or this Agreement must be filed within one year after such
claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the
contrary. Within this period, any failure by InCarParts to enforce or
exercise any provision of this Agreement or related right shall not
constitute a waiver of that right or provision.
General
If any provision of this Agreement is found by a court or arbitrator to
be invalid, the parties agree that the court or arbitrator should give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Agreement will remain in effect.
InCarParts' failure to act with respect to a breach by any person using
the Site does not constitute a waiver of its right to act with respect
to subsequent or similar breaches. In the event of any conflict between
foreign laws, rules and regulations and those of the United States, the
laws, rules and regulations of the United States will govern. The
United Nations Convention on Contracts for the International Sale of
Goods will not apply to this Agreement. InCarParts may assign its
rights and duties under this Agreement without such assignment being
considered a change to the Agreement and without notice to you. You may
not assign this Agreement without the prior written consent of
InCarParts. This Agreement, the Privacy Statement, any operating rules,
policies, or procedures that may be posted from time to time by
InCarParts on the Site, and any modifications to the foregoing,
constitute the entire agreement between the parties with regard to the
subject matter in this Agreement and supersede all prior understandings
and agreements, whether written or oral, as to such subject matter.
Nothing contained in this Agreement will be deemed to constitute either
party as the agent or representative of the other party, or both
parties as joint venturers or partners for any purpose.
Copyright
Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA"),
InCarParts has designated an agent to receive notifications of alleged
copyright infringement associated with the Site. InCarParts will, upon
receiving proper notice as set forth below, use commercially reasonable
efforts to remove or disable access to any such material as set forth
in the DMCA. If you believe that your copyrighted work or the
copyrighted work of another party is being infringed, please notify our
copyright agent: contact page. When notifying us of the alleged
copyright infringement, please include all of the following
information: a) A physical or electronic signature of a person
authorized to act on behalf of the copyright owner; b) Identification
of the copyrighted work claimed to have been infringed; c)
Identification of the material that is claimed to be infringing and
information reasonably sufficient to locate the material; d)
Information reasonably sufficient to contact the complaining party,
such as an address, telephone number, and, if available, an electronic
mail address; e) A statement that the complaining party has a good
faith belief that the use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and f)
A statement that the information in the notification is accurate, and,
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed. If material is believed in good faith by InCarParts to
infringe a copyright or otherwise violate any intellectual property
rights, we will remove or disable access to any such material. If you
believe that a notice of copyright infringement has been wrongly filed
against you and you would like to submit a counter-notification, you
may file a Counter-Notification in Response to Claim of Copyright
Infringement with InCarParts' . You may want to seek independent legal
counsel before filing a notification or counter-notification.
Discontinued Vendors
Although InCarParts values its relationships with its suppliers,
circumstances may arise which may force InCarParts to terminate
business practices with any of its suppliers and therefore
discontinuing any product(s) associated with that supplier. Any product
supported by a manufacturing warranty that InCarParts elects to
discontinue distribution of will be supported only by the manufacturer
or the former supplier of that product. InCarParts bears no
responsibilities or liabilities to conduct any warranty claims for
items that they do not or no longer distribute.
Acknowledgement
You acknowledge (a) that you have read and understood this Agreement;
and (b) that this Agreement has the same force and effect as a signed
agreement.
Contact
Information
If you have any questions regarding this Agreement or the Site, please
contact InCarParts at email [Info (AT) incarparts (DOT) com].
Returns
Policy
Please see our applicable returns policy listed on the information tab
on the left hand side or bottom of the site. By agreeing to these terms
and conditions, you agree to abide by our return policy stated on our
website. InCarParts reserves the right to modify or change the return
policy at any given time.
All Returns must first be approved by InCarParts or its sister sites and must be clearly marked with our Return Merchandise Authorization (RMA) number on the outside of the box. Returned Items that do not have this number on the box will be refused and shipped back to sender. It is your duty to contact us to determine the proper return shipping address – DO NOT RETURN THE ITEMS to the ADDRESS on the LABEL.
You accept all risks when installing an aftermarket product or any product from this webpage. InCarParts shall not be held responsible for any damage to yourself, your vehicle, or your property. You must accept all risks prior to using any of our items. Custom ordered or made parts are non refundable for any reason, no exceptions.
Returns are not accepted for items that cause dash lights (check engine, bulb out, or otherwise). We do not refund you for any installation charges incurred on your end. We reserve the right to refuse any return that does not meet our return policy criteria.
Returned Items must be in Original Packaging in Brand New Condition. Any item that is returned is charged a 20-35% restocking and repackaging fee based on item type. This fee is charged for returning and replacing the item in sellable condition. The purchaser is responsible for return shipment of any returned or exchanged item for any reason. We do not refund any kind or return shipping for any reason.
Items marked as "return to sender" or refused will be subject to a non-negotiable restocking fee equivilant to 30%. In addition, any shipping charges incurred by INCARPARTS will not be refunded.
Electrical supply items: Hid kits, Gtech Pro SS, and all other items have a 14 day return policy. Performance chips have a 30 day return policy.
Warrantied items can only be replaced once durning the warranty period.
Order Cancelation
Order cancelations must be processed by calling our customer service
department. Emails or other non-response cancelation requests
will be declined. Any order that ship before a cancelation
request via telephone will be subject to our standard Returns Policy.
Please see our applicable returns policy listed on the
information tab
on the left hand side or bottom of the site. By agreeing to these terms
and conditions, you agree to abide by our cancelation/return policy
stated on our
website. InCarParts reserves the right to modify or change the
cancelation/return
policy at any given time.
Item Descriptions and website content:
We strive to have the utmost accuracy when describing items, products, or services on our site. In the event that a inaccurate statement is made, represented, or otherwise intended; the Site will not be held liable. Special order items and freight items such as, but not limited to, body kits, spoilers, wings, wheels cannot be returned on the premise of item descriptions or content on the website.
Addition Terms
- Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services or products on the Site, you agree that you are subject to any posted policies or rules applicable to products you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
- No Responsibility To Sell Mispriced Products Or Services. Engineperformancechip.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. InCarParts shall have 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 canceled, Engineperformancechip.com shall immediately issue a credit to your credit card account in the amount of the charge.
- Modifications to Prices or Billing Terms. INCARPARTS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
- InCarParts is legally registered as a incorporation under InCarParts in the state of Minnesota. Any legal notices or filings must be delivered to our headquarters in Minnesota, and any litigation must be presided over by a court in Hennepin County Minnesota.
- All products on the
website have not been certified by any air resource boards.
Pricing on Website
All prices on the site are kept as updated as possible. We reserve the
right to inform you of any price changes when we go to process your
order, in case there are any errors or out of date prices. You also
remove any obligation from InCarParts to honor any pricing mistakes,
offers, sweepstakes, or free shipping promotions. 1 year lower price
guarantee refers to a permanent price reduction, not a sale item.