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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Injected Performance, LLC. The collective work includes works that are licensed to Injected Performance, LLC. Copyright 2008, Injected Performance, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Injected Performance, LLC or purchasing Injected Performance, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Injected Performance, LLC or to purchase Injected Performance, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Injected Performance, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Injected Performance, LLC used in the site are trademarks or registered trademarks of Injected Performance, LLC.

Disclaimer

Vehicle and engine modifications can result in SERIOUS INJURY and/or DEATH.  Any and all modifications performed to your automobile, and any circumstantial consequences of such, are done so AT YOUR OWN RISK.  Injected Performance holds no liability in any damages (direct, indirect, punitive, actual, consequential, incidental, special or otherwise) occurring to you, your vehicle, or any other persons or properties.  It is the sole responsibility of the customer to contact the vehicle’s manufacturer to determine whether or not modifications will affect the vehicle warranty, safety, performance, or anything else pertaining to the operation of the automobile.  Contact your local authorities to find out what modifications are allowed and which are prohibited on public highways in your area.  Most products sold by Injected Performance are intended for OFF-ROAD USE ONLY.  Federal and state laws prohibit the removal, modification, or otherwise disablement of any device affecting vehicle emissions or safety on vehicles used on public highways.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Injected Performance, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Injected Performance, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Injected Performance, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Injected Performance, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Injected Performance, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Product Disclaimer

Engine and vehicle modifications can result in injury and/or death.  Any modification performed to your vehicle, or any circumstantial consequence of such, is done so at your own risk.  Contact your vehicle’s manufacturer to determine if a modification will affect your safety, vehicle warranty, performance, or any other factor related to your vehicle.  Contact your local authorities to find out what modifications are permitted and which are illegal on public highways in your area.  Most parts sold by Injected Performance, LLC are for off-road use only.  Federal and most State’s laws prohibit the removal, modification, or rendering inoperable of any device related to vehicle emissions or safety in a vehicle used on public highways.  Injected Performance, LLC holds no liability in any damages (direct, indirect, punitive, actual, consequential, incidental, special, exempt or otherwise) occurring to you, your vehicle, or any other persons or properties.    

Product Warranties

Injected Performance, LLC honors all manufacturers’ warranties, however, no additional warranties are provided beyond what the original manufacturer offers.  While Injected Performance, LLC does not itself warranty any product in our store, we will assist you to the furthest extent possible with any warranty claim sought through the product’s manufacturer.

Typographical Errors

In the event that an Injected Performance, LLC product is mistakenly listed at an incorrect price, Injected Performance, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Injected Performance, LLC reserves 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 cancelled, Injected Performance, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Terms; Termination and/or Modification

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or modified by Injected Performance, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Injected Performance, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Injected Performance, LLC.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Kentucky, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Injected Performance, LLC products) shall be in the state or federal courts located in Fayette County, Kentucky. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Injected Performance, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Injected Performance, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. Injected Performance, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Injected Performance, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Injected Performance, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Injected Performance, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Injected Performance, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Injected Performance, LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Injected Performance, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Injected Performance, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Injected Performance, LLC, Injected Performance, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Injected Performance, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Injected Performance, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).