Terms & Conditions
These General Terms and Conditions of Use ("Terms") are entered into by and between you and BikerPerformance.com, an Arkansas corporation ("Chromewhore, Inc"). In consideration of your use of and access to this Internet site and BikerPerformance.com's telephone ordering, and the promises and obligations herein, and intending to be legally bound, you and BikerPerformance.com hereby agree as follows:
Your access to and use of the BikerPerformance.com Services is subject to these Terms, which incorporate the separately posted
as well as any modifications to them issued by BikerPerformance.com and all applicable laws and regulations. BY USING THE BikerPerformance.com SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the BikerPerformance.com Services.
Among other things, the BikerPerformance.com Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the BikerPerformance.com Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the BikerPerformance.com Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
CHANGES IN TERMS
BikerPerformance.com shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the BikerPerformance.com Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the BikerPerformance.com Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by BikerPerformance.com to these Terms. ANY ACCESS OR USE OF THE BikerPerformance.com SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than BikerPerformance.com shall be valid or enforceable against BikerPerformance.com unless expressly agreed to by BikerPerformance.com in a writing signed by a duly authorized officer of BikerPerformance.com.
These Terms are effective until terminated by BikerPerformance.com. BikerPerformance.com may terminate these Terms without notice and at any time in connection with any of the BikerPerformance.com Services. In the event of termination, you are no longer authorized to access those BikerPerformance.com Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
BikerPerformance.com shall also have the right without notice and at any time to terminate some or all of the BikerPerformance.com Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the BikerPerformance.com Services or any feature or portion thereof.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the BikerPerformance.com Services and your purchase of products or services through them. You must be at least 18 years old to use the BikerPerformance.com Services.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by BikerPerformance.com on or through the BikerPerformance.com Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. BikerPerformance.com may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on BikerPerformance.com in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by BikerPerformance.com or by third parties that have licensed their use to BikerPerformance.com. You may view and use the Content only for your personal information and for shopping and ordering on or through the BikerPerformance.com Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, BikerPerformance.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the BikerPerformance.com Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by BikerPerformance.com, is strictly prohibited.
LINKED THIRD PARTY SITES
Links to other Internet sites operated by third parties, including BikerPerformance.com vendors, do not constitute sponsorship, endorsement, or approval by BikerPerformance.com of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by BikerPerformance.com, and BikerPerformance.com is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
PRICES & ORDERS
All prices displayed in the BikerPerformance.com Services are quoted in U.S. dollars. BikerPerformance.com may restrict delivery to addresses within the United States and Canada. BikerPerformance.com will add shipping and handling fees and applicable sales/use tax. BikerPerformance.com reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the BikerPerformance.com Services without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the BikerPerformance.com Services do not imply endorsement of that product or service, or constitute a warranty, by BikerPerformance.com.
The receipt by you of an order confirmation does not constitute BikerPerformance.com's acceptance of an order. Prior to BikerPerformance.com's acceptance of an order, verification of information and approval of the order may be required. BikerPerformance.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from BikerPerformance.com, for any reason. BikerPerformance.com reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, BikerPerformance.com shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether 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, BikerPerformance.com shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by BikerPerformance.com pass to you upon BikerPerformance.com's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of BikerPerformance.com's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE BIKERPERFORMANCE.COM.COM SITE AND CONTENT
BIKERPERFORMANCE.COM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE BIKERPERFORMANCE.COM SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. BIKERPERFORMANCE.COM ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE BIKERPERFORMANCE.COM SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE BIKERPERFORMANCE.COM SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE BIKERPERFORMANCE.COM SERVICES.
UNDER NO CIRCUMSTANCES SHALL BIKERPERFORMANCE.COM, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE BIKERPERFORMANCE.COM SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF BIKERPERFORMANCE.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS AND SERVICES
BikerPerformance.com wants you to be completely satisfied with your purchase through the BikerPerformance.com Services. If for any reason you are not entirely pleased with a product you purchased through the BikerPerformance.com Services, simply return it within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY BIKERPERFORMANCE.COM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, BIKERPERFORMANCE.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, BIKERPERFORMANCE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE BIKERPERFORMANCE.COM SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL BIKERPERFORMANCE.COM, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE BIKERPERFORMANCE.COM SERVICES, EVEN IF BIKERPERFORMANCE.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BIKERPERFORMANCE.COM'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless BikerPerformance.com, BikerPerformance.com's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the BikerPerformance.com Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the BikerPerformance.com Services or any product or service provided to you arising out of or relating to your use of the BikerPerformance.com Services.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by BikerPerformance.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
BikerPerformance.com shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the BikerPerformance.com Services shall not be construed as BikerPerformance.com's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Arkansas. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to conflicts of law provisions. Additionally, any claims brought against BikerPerformance.com shall be governed by and construed in accordance with the laws of the State of Arkansas.
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Terms & Conditions
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