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Terms and Conditions

DATE: 8/31/2020

These Terms and Conditions apply to the use of TunerRack (the “Company”), www.TunerRack.com and all associated sites affiliated with the Company and its subsidiaries and affiliates.  Company provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you visit the TunerRack.com website and use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions outlined in this agreement.

We reserve the right to modify the terms and conditions outlined within this agreement at any time. Please be sure to reference this Terms & Conditions Agreement document frequently to stay informed on all the latest changes. Accessing, browsing, placing an order or otherwise using the website indicates your agreement to all the terms and conditions outlined within this agreement.   

Please review this Agreement thoroughly. If you do not agree to comply with any of the terms outlined within this agreement, you should stop using the website & services immediately.

USE OF WEBSITE

You must be 18 years of age or older to use our services. Visitors under 18 years may only use the Site under the approval of a parent or legal guardian as defined in ORS 109.570.

Subject to the terms and condition outline in this agreement we hear by grant you a nontransferable, nonexclusive license to access website for the purpose of shopping for items listed for sale on the website. You agree not to resell, distribute, reproduce, disseminate, transmit, create derivative works from, modify, reverse-engineer, publish or otherwise exploit, any of the proprietary/content obtained through our website, promotions or general company. We reserve all rights of ownership, including all copyrights, trademarks, and other intellectual property rights ("Content").

Unauthorized access to or any extraction of content from our databases, including the use of "bots", "spiders" or "scraping" technology within a browser or browser-like program is strictly prohibited. We prohibit caching, unauthorized hypertext links and the framing of any content available on the website. We strictly prohibit probing, scanning or testing the vulnerability of the Site or any network connected to the website.

Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Company reserves the right to refuses service, terminate accounts, cancel orders, and take legal action against any user that violates any of the previsions outlined within this agreement.

All content provided on the website is solely for informational purposes. It is your sole responsibility to consult a licensed mechanic or qualified automobile professional for advice, diagnosis, and/or installation of any automobile issues.

Items or Services displayed, provided or offered through the online store may not be available to all persons or in all geographic locations, or appropriate or available for use outside the United States.  The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, Product or Service to any person or geographic area.  Any offer for any feature, Product or Service made on the Site is void where prohibited. 

You are solely responsible for all access and use of the site by anyone using the identification and password information originally assigned to you, including without limitation financial obligations incurred through such access or use. To prevent unauthorized disclosure of and access to your account and purchase activity, you should take steps to keep your email address and account information secure.

TERMS OF PURCHASE

When you place an order with the company for any product offered through the TunerRack.com website store or by phone you represent that you are aware that the company’s obligations to fulfill that order is going to be governed by the agreement pursuant to which they are provided.

Company reserves the right to change any item and listing offered on the TunerRack.com online store without notice. Any discount sale may exclude some items or have different discounts on certain items.   All item details including color, price, fitment details, shipping costs will be clearly displayed prior to checkout confirmation.

In an unlikely event that an item is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We 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, we will issue a credit to your billing method in the amount of the charge.

All item and service prices are clearly posted prior to the purchase page. By purchasing any item or service from our online store you certify that you have read and agreed to this Terms & Conditions document and certify that you are the authorized user of the credit card/PayPal account used to make the purchase of any company item or service.

You understand that we take fraud very seriously and we will notify and work with law enforcement agencies to address these issues if they occur. We reserve the right to suspend service to any account suspected with any suspicious activity without notice. You are responsible for all use of our services and the fees incurred from purchases. If you suspect that unauthorized use of your account is taking place, you must notify us immediately.

All orders are shipped within the contiguous 48 states. Shipping method is chosen at the discretion of TunerRack LLC. Shipping cost is calculated by carriers based on the weight of the product and shipping address. Discounted shipping offers are subject to the terms and conditions outlines on product listing page. All shipping costs will be clearly disclosed prior to checkout confirmation. The Buyer is responsible for all carrier fees taxes or other processing costs imposed by any state, local, federal government.

In order to facilitate a smooth transaction TunerRack will send an email notifying you when the order was shipping. A tracking # will be provided by the shipping carrier and your order will be updated once tracking number is available. All order notifications and update will be facilitated through the user of email communication. A tracking numbers will be provided by the shipping carrier and your order will be updated once number is available.

COMMUNICATION

All account related notifications such as purchase confirmation notices, shipping updates, and support request messages are delivered through electronic communications.

All order notifications and update will be facilitated through the user of email communication.

In order to insure that you receive all order related notifications in your inbox, please be sure to add orders@tunerrack.com and support@tunerrack.com to your email safe list.

COPYRIGHTS AND TRADEMARKS

The TunerRack Content is owned by TunerRack and/or its licensors, and is protected by copyright, trademark, patent, trade secret, and/or other laws. Content includes but is not limited to: logos, trade names, slogans, text, images, videos, buttons, icons, graphics, software and technology. TunerRack and/or its licensors own and retain all rights, including the worldwide copyright, in the TunerRack Content solely and exclusively. The Content, including Software and secret trade practices are all protected by U.S. and international copyright laws.

You agree that you will not use the TunerRack Content in any way whatsoever except as in compliance with the terms of this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the TunerRack Content, and you shall not exploit the TunerRack Content in any unauthorized way whatsoever. All brand and product names are trademarks or registered trademarks of TunerRack or their respective owners. You agree that you shall not use any trademark content without expressed permission from the trademark owner, except as permitted by applicable law.

WARRANTIES & DISCLAIMER

THE SITE AND ITS CONTENT, MATERIALS, SERVICES AND FEATURES ARE DELIVERED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. UNDER NO CIRCUMSTANCES WE SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS. THE USER ASSUMES COMPLETE RESPONSIBILITY FOR THE USE OF THE WEBSITE AND ANY THIRD-PARTY LINKS.  THE USER’S SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT, MATERIALS, SERVICES OR FEATURES IS TO CEASE YOUR USE OF THE SITE OR ANY CONTENT, MATERIALS, SERVICES OR FEATURES.   

Please note that some of the items available on the TunerRack.com store may require some modifications to your vehicle and may void your factory warranty when installed. For more information please consult with your vehicle manufacturer. By installing non-factory/performance parts you assume all legal and personal responsivities.

Each state across the U.S. has different vehicle laws, regulations and fines vary from state-to-state.  Be sure to check your state/local laws to ensure that the installation of non-factory parts and modifications to your vehicle meet all of the legal requirements and regulations. You are responsible for your vehicle. This includes making sure that the vehicle meets all state/local safety and emissions laws.

The company reserves the right to cancel or not offer its service to any user that it deems is inappropriately using its services. We are under no obligation to provide you with a warning prior to termination or restriction of your use of service/website. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TunerRack and its officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of TunerRack or Data, your violation of this Agreement, or your violation of any rights of another.

ARBITRATION

In any legal proceeding relating to your use of the TunerRack services, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any and all disputes will be settled by binding arbitration in Los Angeles, CA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys' fees, in addition to any other relief the party may obtain.

GENERAL CONDITIONS

The failure of TunerRack to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and TunerRack, and governs your use of TunerRack, superseding any prior agreements between you and TunerRack (including, but not limited to, any prior versions of this Agreement).

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any rights or provisions in this Agreement will not constitute a waiver of that provision or any other provision of this Agreement.

If you have any questions or concerns about this Agreement or any TunerRack product or service, contact our support team at:

tunerrack.com/help