CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof (the “Content”) on the Site is owned, controlled or licensed by or to the Company. All Content is protected by the patent, trademark and trade dress, copyright, and any other intellectual property or unfair competition laws, rules, and regulations of the United States and the State of Oregon; and, to the extent available, the patent, trademark and trade dress, copyright, and any other intellectual property or unfair competition laws, rules, and regulations of any Country in which the Content is used, displayed or accessed.
Except as expressly provided herein, no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way in full or in part, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
The Company has made certain information related to its Products and Services, including but not limited to data sheets, knowledge based and instructional publications (the “Materials”), available for download. Any user is permitted to download and use such Material subject to the following, the User may : (1) not remove any proprietary notice language from any such documents or copies thereof; (2) only use such information only for your personal, non-commercial informational purpose and shall not copy or post such information on any networked computer, social media, chatroom, forum, or any other type of broadcast or publication in any form through the use of any media; (3) not make any modifications to any such information; and, (4) not make any representations or warranties relating to such documents on behalf of the User or the Company.
SITE USE
The Company expressly reserves the right to take legal action against any user that violates any provision of this Section
1. Users are strictly prohibited from the following:
a. using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any Materials, documents or information through any means not purposely made available through the Site;
b. gaining or attempting to gain unauthorized access to any portion of the Site, or any other systems or networks connected to the Site or to any Company server, or Services offered on or through the Site, by hacking, password “mining” or any other illegitimate means;
c. probing, scanning or testing the vulnerability of the Site or any network connected to the Site, or any breach of the security or authentication measures on the Site or any network connected to the Site;
d. use of any reverse look-up, tracer or effort to trace any information on any other User or visitor to the Site, or any other Company customer including any Company account not owned by you, to its source, or exploit the Site or any Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
e. forging headers or otherwise manipulating identifiers to disguise the origin of any message or transmittal to the Company on or through the Site or any Service offered on or through the Site.
f. falsely purporting, averring, impersonating that you are an agent of another User, or any other individual or entity; or,
g. Using the Site or any Content or Materials which infringes on the rights of the Company or others, or for any unlawful or otherwise prohibited purpose under the statutes, codes, rules, regulations, laws, or ordinances of the United States, any State of the United States, and any other foreign governing body where the activity originates or is otherwise performed.
2. User agrees that it will not take any action which imposes or may impose an unreasonable or disproportionately large load the Site infrastructure or any of the Company’s systems or networks, or any systems or networks connected to the Site or the Company.
3. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
PURCHASES; OTHER TERMS AND CONDITIONS
User, individual or entity that places an order with the Company (a “Purchaser”) for any part, equipment hardware, accessories or other miscellaneous goods (the “Products”) or Services (the “Services”) offered at the Site or through a Company catalog and purchased through the Site, fax, email, or by call in order. The Company’s obligations, if any, with regard to its Products and Services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter those more specific provisions.
From time to time, and at its sole discretion, the Company may make changes to any Products or Services offered on the Site, pricing for any Products or Services, without notice. Any discount sale may exclude some items or have different discounts on certain items. The materials on the Site with respect to Products and Services may be out of date, and ASMC, LTD. makes no commitment to update the materials on the Site with respect to such Products and Services.
All parts are the property of the Company until the purchase price is paid in full and shipped FCA (this means all title and risk of loss transfers to the Buyer upon delivery to the carrier at the Company’s factory or place of manufacture). All prices, manufacturing materials, design and specifications are subject to change without notice. The Buyer is responsible for all carries fees, other charges assessed and any taxes, export or import fees, or other processing costs imposed by any state, local, federal or foreign government.
SPECIAL PRODUCT NOTES:
MANY MODIFICATIONS AND/OR COMBINATIONS OF MODIFICATIONS ARE NOT RECOMMENDED, AND MAY NOT BE PERMITTED IN YOUR COUNTRY, STATE OR OTHER LOCAL JURISDICTION. CONSULT YOUR OWNER'S MANUAL INSTRUCTIONS FOR EACH PRODUCT AND ALL STATE, LOCAL, AND FEDERAL (OR EQUIVALENT) STATUTES, CODES, LAWS, ORDINANCES, RULES, AND REGULATIONS BEFORE UNDERTAKING THESE MODIFICATIONS. THE BUYER, THE OWNER, AND/OR USER OR OPERATOR ARE SOLELY RESPONSIBLE FOR THE SAFE, LEGAL, AND APPROVED OPERATION OF THE VEHICLE MODIFIED USING THE COMPANY’S PRODUCT. THE COMPANY IS IN NO WAY, FORM, OR MANNER RESPONSIBLE FOR ANY PHYSICAL OR FINANCIAL DAMAGES TO THE VEHICLE OR ANY INDIVIDUAL AS RESULT ANY MODIFICATION, USAGE OR OWNERSHIP OF A PRODUCT.
ALL ENGINE AND EXHAUST COMPONENTS (INCLUDING BUT NOT LIMITED TO EXHAUST PIPES, INTAKE SYSTEMS, SUPERCHARGER PULLEYS, INTERCOOLERS ETC.) HAVE BEEN DESIGNED AND ARE INTENDED FOR OFF-ROAD APPLICATIONS ONLY. IN SOME JURISDICTIONS, TO WIT, CALIFORNIA, VEHICLES MODIFIED AND FITTED WITH PERFORMANCE PARTS MAY BE RESTRICTED TO SPECIFIC USES SUCH AS RACING ONLY, AND MAY NO LONGER BE LAWFULLY USED ON PUBLIC HIGHWAYS OR ROADS. SEVERAL STATE AND FEDERAL STATUTES, CODES, LAWS, ORDINANCES, RULES, AND REGULATIONS PROHIBIT THE REMOVAL, MODIFICATION OR RENDERING INOPERABLE OF ANY DEVICE OR ELEMENT OF DESIGN AFFECTING VEHICLE EMISSION OR SAFETY IN A VEHICLE USED ON PUBLIC ROADS OR HIGHWAYS. ANY VIOLATION OF SUCH LAWS MAY SUBJECT THE VEHICLE’S OWNER, USER OR OPERATOR TO FINES FOR VIOLATIONS, OR CIVIL OR CRIMINAL PENALTIES AND FINES. ALWAYS CHECK YOUR LOCAL AND FEDERAL LAWS PRIOR TO PURCHASING ANY OF THE COMPANY’S PRODUCTS. INSTALLATION OF PERFORMANCE PRODUCTS MAY VOID YOUR VEHICLE’S WARRANTY COVERAGE, IF ANY. FURTHER, ALL ENGINE PARTS, AND ELECTRICAL COMPONENTS ARE SOLD AS-IS AND MAY NOT BE RETURNED. RESELLERS, INSTALLERS AND END USERS ASSUME ALL COSTS AND RISK ASSOCIATED WITH THESE ITEMS. THE COMPANY MAKES NO WARRANTY IMPLIED OR EXPLICIT FOR ANY INTENDED PURPOSE, OR FOR PROPER INSTALLATION OF ITS PRODUCTS BY ANY MECHANIC OR INDIVIDUAL AND IS NOT RESPONSIBLE FOR ANY LOSSES INCURRED FROM THE USE OF ANY AND ALL PRODUCTS SOLD.
USE OF CERTAIN SUSPENSION PRODUCTS WILL RESULT IN CHANGES TO THE HANDLING CHARACTERISTICS OF A VEHICLE, AND EXTREME CARE MUST BE TAKEN TO PREVENT LOSS OF CONTROL OR ROLL-OVER DURING ALL DRIVING MANEUVERS. THE PURCHASER ACKNOWLEDGES AND AGREES THAT, EVEN IN THE ABSENCE OF VEHICLE MODIFICATIONS, CERTAIN DRIVING CONDITIONS CALL FOR REDUCED SPEEDS AND SPECIALIZED DRIVING TECHNIQUES, BUT THAT ADDITIONAL PRECAUTIONS MAY BE NECESSARY AND SHOULD BE TAKEN AFTER SUCH A MODIFICATION. ALWAYS WEAR SAFETY BELTS OR HARNESSES AND DRIVE SAFELY. FAILURE TO OBSERVE THE RULES OF THE ROAD, POSTED SAFETY SIGNS, AND TO OPERATE THE VEHICLE IN A MANNER CONSISTENT WITH ITS THEN CURRENT STATE OF REPAIR MAY RESULT IN SERIOUS INJURY OR DEATH. ONCE INSTALLED DO NOT DRIVE THE VEHICLE UNLESS YOU ARE FAMILIAR WITH ITS UNIQUE HANDLING CHARACTERISTIC AND CONFIDENT IN YOUR ABILITY TO MAINTAIN CONTROL UNDER ALL DRIVING CONDITIONS.
PROPOSITION 65 WARNING:
Some of the Company’s Products require “Proposition 65” warnings to comply with California laws. When required, such Products are clearly marked on each Product specific webpage and Product package substantially similar to the following:
WARNING: This product can expose you to chemicals which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
Refer to your specific Product page and packaging for additional details.
ORDER RETURN OR EXCHANGES & TERMS OF SALE:
Please review the Returns and Exchanges page (Opens in a new window) to learn about our returns policy and properly return a product.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or Services offered on or through the Site may require the User to open an account (“User Account”) including setting up a unique user ID and password. The User is wholly responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity occurring under your User Account, subject to the Company’s Privacy Policy. You agree to promptly notify the Company of any unauthorized use of your account or password, or any other breach of security. Notwithstanding the foregoing, you may still be held personally liable for any losses to the Company or any other User as a result of negligent handling of your User Account information that resulted in misuse of your User Account.
Users are strictly prohibited from using other User’s user ID, password or account at any time without the express permission and consent of the holder of that user ID, password or User Account. The Company shall not be liable for any loss or damage arising from your failure to comply with these obligations. Further any user found to have violated these Terms in a way that has resulted in any loss or damages financial or otherwise to the Company or another User shall defend, indemnify, and hold harmless the Company and any other User.
PRIVACY
The Company’s Privacy Policy is integrated herein by reference. While the Company strives to maintain the privacy of all Users consistent with its Privacy Policy, by agreeing to these Terms, the User agrees and acknowledges that any internet transmission is never completely private or secure, and that any information transmitted to the Site may be read or intercepted by independent third parties or other software, firmware, or data mining operations outside of the Company’s control even when a particular transmission is encrypted
Please review the Company’s Privacy Policy (Opens in a new window) Click Here
THIRD PARTY LINKS
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Users. Such Linked Sites are not under the Company’s control and it is not responsible for and does not endorse the content of such Linked Sites including any materials, links, other content or policies. Any User that accesses a third-party link on the site, including links to social media sites such as Facebook, Twitter, Pinterest, Google+, Amazon or otherwise, is subject to the Terms of Users of the Linked Site should use their independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS
THE COMPANY MAKES NO WARRANTY THAT THE SITE OR ANY ITS CONTENT, MATERIALS, SERVICES OR FEATURES ARE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE SITE WILL PROVIDE SPECIFIC DESIRED RESULTS. THE COMPANY MAKES NO WARRANTY THAT THE SITE, OR ITS CONTENT, MATERIALS, SERVICES OR FEATURES WILL BE PROVIDED UNINTERRUPTED. THE SITE AND ITS CONTENT, MATERIALS, SERVICES AND FEATURES ARE DELIVERED “AS-IS” AND “AS-AVAILABLE”. ANY SITE CONTENT, MATERIALS, SERVICES AND FEATURES ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY FILES OR OTHER DATA DOWNLOADED FROM THE SITE IS VIRUS FREE OR DO NOT CONTAIN OTHER SUCH SOFTWARE CONTAMINATION WHICH MAY HAVE DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE USERS USE OF THE SITE AND/OR ANY OF THE COMPANY’S SERVICES. THE USER ASSUMES COMPLETE RESPONSIBILITY FOR ITS USE OF THE SITE 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.
The foregoing disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
To the extent permitted by law, the Company is not liable to a User for any damages including but not limited to direct, indirect, consequential, exemplary, incidental or punitive.
If the Company, notwithstanding any of the Terms here, is found to be liable for any damage or loss which arises out of or is in any way connected with use of the Site, Content, Materials, Products or Services, the Company’s liability shall never exceed the greater of (A) the total of any subscription, similar fees, or Product purchase price with respect to any Product or Service on the Site paid in the six months prior to the date of the initial claim against the Company, or (B) US $100.00. Where a jurisdiction has limited the ability to contractually limit liability than damages shall be limited to the furthest extent allowable by law.
INDEMNITY
The User agrees to indemnify, defend, and hold harmless the Company and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to, arising out of, or in connection with the Users use of the Site or any of the Content, Materials, Products or Services purchased or otherwise used.
DISCLOSURE OF USER INFORMATION; VIOLATION OF THE TERMS
The Company may disclose any User’s information (including the User’s identity) if, in its sole discretion, it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of other Users of the Site, including the Company’s customers or Vendors. The Company reserves the right to disclose any information it deems necessary to comply with any applicable statute, code, law, ordinance, regulation, or rule or pursuant to any legal process or governmental request. The Company may disclose your information when it determines, in its sole discretion, that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that the Company may preserve any transmittal or communication with the Company through the Site or any Service offered on or through the Site, and may also disclose such data if required to do so by law or in its sole discretion determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or, (4) protect the rights or property of the Company or the personal safety of its employees, users of or visitors to the Site, and the public.
Users agree that the Company may without notice, if it determines a User has violated any of these Terms in its sole discretion, terminate the User’s access to the Site and block the User and any affiliates of the User from future access to the Site. The User further agrees that ASMC, LTD. may, in its sole discretion and without prior notice, terminate the User’s access to the Site, for any of the following reasons: (1) requests by law enforcement or other government agencies; (2) User request; (3) discontinuance or material modification of the Site or any Service offered on or through the Site; or, (4) unexpected technical issues or problems. The Company will not be liable to any User or to any third party for termination of the User’s access to the Site as a result of any violation of these Terms.
If Company takes Legal Action against you as a result of violating these Terms it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company.
GOVERNING LAW; DISPUTE RESOLUTION
The User agrees and acknowledges that its most significant contacts with the Company occur in the State of Oregon, USA, and that the Users use of the site constitutes a significant contact with the State of Oregon. Any Legal Action arising from or relating to these Terms and a User’s access or use of the Site shall be governed by the laws of the United States and the State of Oregon without giving effect to any principals of conflict of laws. In the event of any controversy or dispute between the User and the Company arising out of or in connection with these Terms or the User’s use of the Site, the parties shall have 30 days to resolve any such dispute. If the parties are unable to resolve any such dispute, then either party wishing to bring Legal Action, must submit to binding Arbitration governed by the then in effect arbitration rules of the Arbitration Service of Portland. The User agrees to submit to the personal jurisdiction of the United States District Court for the District of Oregon located in Multnomah County, Oregon and the Washington County Circuit Court and that such courts are the proper venue for any dispute, and the User hereby waives any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after delivery, or such claim or cause of action is otherwise barred at law. Any damages are limited to those described in these Terms and the prevailing party in any Legal Action will be entitled to costs and attorneys’ fees.
The Parties agree that any violation of the Terms will cause irreparable harm for which monetary damages would be inadequate, and therefor consent to the Company obtaining any injunctive or equitable or other similar relief it deems necessary or appropriate in such circumstances with the need to show actual monetary harm. These remedies are in addition to any other remedies ASMC, LTD. may have.
“Legal Action” means any lawsuit, arbitration, or mediation.
VOID WHERE PROHIBITED
The Company operates and administers the Site from Hillsboro, Oregon USA. Despite the Site’s global accessibility not all features, Products or Services discussed, referenced, provided or offered through or on the Site are 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. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
MISCELLANEOUS
You may not use or export or re-export any Content, Materials, Products or Services or any copy or adaptation thereof offered on the Site.
ANY EXPORT FROM THE UNITED STATES AND IMPORT INTO A FOREIGN COUNTRY REQUIRES ADHERENCE TO ANY STATUTES, CODES, RULES, OR REGULATIONS SURROUNDING EXPORTATION FROM THE U.S. AND ANY STATUTES, CODES, RULES OR REGULATIONS OF THE COUNTY TO WHICH THE BUYER IS IMPORTING THE PRODUCT, COMPLIANCE WITH SUCH STATUTES, CODES, RULES OR REGULATIONS IS THE RESPONSIBILITY OF THE PURCHASER.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms without any effect on any other provision of these Terms. In the event that any of the Terms conflict with the Company Privacy Policy or other terms associated with the use or purchase of specific Content, Materials, Product or Service the more specific term shall prevail over the Terms.
With respect to the User’s Site use, the Terms constitute the entire agreement between the parties, and no other past or contemporaneous written or oral agreements, understandings, proposals, or course of conduct between the User and the Company shall be given no effect. The Company will not accept any counter-offers to these Terms. Any waiver of a provision by the Company must be written and signed by the Company, and any single waiver shall not constitute a waiver for any other or even the same provision at any time in the past or future, nor shall the waiver of any provision limit the Company’s right to enforce the Terms. No course of conduct between the Company and User or any other party may be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
WARRANTY
Please review the Warranty Terms (Opens in a new window) Click Here