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Superformance LLC Web Site Agreement
Web Site (the "Site") is
an online information service provided by Superformance LLC,
subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. Superformance LLC MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Superformance LLC, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to grant
to Superformance LLC a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by
e-mail to Superformance LLC by all means and in any media
now known or hereafter developed. You also grant to Superformance LLC the right to use your name in connection with the submitted
materials and other information as well as in connection with
all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against Superformance LLC for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to Superformance LLC.
TRADEMARKS.
Products and company trademarks, servicemarks,
and names mentioned in the Site may be the trademarks of their
respective owners. And may not be used without the implicit
permission and authority of the owners. Superformance LLC
does not directly represent and are not affiliated in any other
way with the companies listed on our site except for the sale
and distribution of there products.
Use of the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Superformance LLC PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND Superformance LLC
SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Superformance LLC DOES NOT WARRANTY
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL Superformance LLC
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF
SUCH INFORMATION OR SERVICE. EVEN IF Superformance LLC
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, Superformance LLC'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
Superformance LLC makes no representations whatsoever about
any other web site which you may access through this one or
which may link to this Site. When you access a non-Superformance LLC Web site, please understand that it is independent
from Superformance LLC, and that Superformance LLC
has no control over the content on that Web site. In addition,
a link to a Superformance LLC Web site does not mean that
Superformance LLC endorses or accepts any responsibility
for the content, or the use, of such Web site.
Indemnification.
You agree to indemnify, defend and
hold harmless Superformance LLC, its officers, directors,
employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
Third Party Rights.
The provisions of paragraphs 2 (Use
of the Service), and 3 (Indemnification) are for the benefit
of Superformance LLC and its officers, directors, employees,
agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions
directly against you on its own behalf.
Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
.Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of the State of California
applicable to agreements made and to be performed in California.
You agree that any legal action or proceeding between Superformance LLC and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting
in California. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause
of action is barred. Superformance LLC's failure to insist
upon or enforce strict performance of any provision of this
Agreement 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 provision of this
Agreement. Superformance LLC may assign its rights and
duties under this Agreement to any party at any time without
notice to you.
7.Misprint.
Superformance LLC is not responsible to honor any price
misprint on the website.
Any rights not expressly granted herein are reserved.
All internet and mail order sales are transacted by Superformance LLC. Any returns returns should be sent to Superformance LLC at 6 Autry, Irvine, CA, 92618
Product
Pricing Policy
Superformance LLC and its affiliates
attempt to be as accurate as possible. However, Superformance LLC
does not warrant that product descriptions or other content
of this site is accurate, complete, reliable, current, or error-free.
Pricing Policies Items in your Shopping Cart will always reflect
the most recent price displayed on the item’s product
detail page. Please note that this price may differ from the
price shown for the item when you first placed it in your cart.
With respect to items sold by Superformance LLC, we cannot
confirm the price of an item until you order. Despite our best
efforts, a small number of the items in our catalog may be mispriced.
If we discover a mispricing, we will do one of the following:
If an item’s correct price is lower than our stated price,
we will charge the lower amount and ship you the item. 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. Please note that this policy applies only to products
sold and shipped by Superformance LLC. Your purchases from
third-party sellers using Superformance LLC Payments are
charged at the time you place your order, and third-party sellers
may follow different policies in the event of a mispriced item.
Product
Image Policy
We try our best to make sure that the images
on Shelbyshop.net are as accurate and error-free as possible.
However, we cannot gaurantee that is the case with every item that we sell.
Due to the nature of some items, there may not even be a picture of a specific
item, and occasionally, it might not accurately describe the part. Keep in
mind that our photos are merely a representation of the part; they are not
always a completely accurate representation.
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