INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
Use of the site & PROHIBITIONS
The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
Payments AND PROCESSES OF INVOICES
White’s Diesel Performance has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by White’s Diesel Performance prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. White’s Diesel Performance has all the discretion to cancel or deny orders. White’s Diesel Performance is not responsible for pricing, typographical, or other errors in any offer by White’s Diesel Performance and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, White’s Diesel Performance reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
Refund Policy
Our refund policy for physical hard parts is a 30 Day return time frame. Return freight is the customers responsibility, along with a 15% restocking fee of the total purchase price. If the goods are faulty, we will meet our obligations under the applicable laws. All digital items are exempt from this policy and no refund or discount shall be offered at any time, for any reason.
Off Road and Race Use Products
The buyer agrees to accept all responsibly and awareness to follow local and federal emissions laws, and to not use race prepared vehicles on public roadways. Race products are to only be used on racing vehicles that are not registered for use on public roadways and will never be driven on publicly funded roadways be it donations, taxes or other.
Any and all emissions removal products sold by White’s Diesel Performance are strictly to be used for competition race use ONLY; and cannot be used on any vehicle registered for use on public highways or streets. We are not able to send ANY race use products to the state of California.
According to the EPA Clean Air Act, they are illegal for use on any Federal, State, or Local public highways and illegal use is punishable by the penalties enacted by the mentioned laws. White’s Diesel Performance does not condone or promote illegal use of these products. By agreeing to this agreement the purchaser assumes all liability of using Race Products.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the 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.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraud
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected White’s Diesel Performance shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
Confidentiality
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of White’s Diesel Performance. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of the White’s Diesel Performance to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of Florida, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Florida, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
DISCLAIMER OF LIABILITY
WHITE’S DIESEL PERFORMANCE, INC., and its officers, directors, employees, agents, assigns and successors (SELLER) shall in no way be responsible for any direct, indirect or consequential damage resulting from improper installation and/or use of products offered for sale through this website. BUYER and/or USER assumes all responsibility for any damage resulting from the use or misuse of this product. To the maximum extent permitted by applicable law, BUYER hereby waives all claims against SELLER arising from the use of this product. BUYER hereby waives all remedies or liabilities, expressed or implied, arising by law or otherwise, (including without any obligations of SELLER with respect to fitness, merchantability and consequential damages) or whether or not occasioned by SELLER’s negligence. SELLER disclaims any warranty and expressly disclaims any liability for personal injury or damages. BUYER acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement and BUYER agrees to indemnify SELLER and to hold SELLER harmless from all claims related to or arising from installation and/or use of the product purchased. Under no circumstances will SELLER be liable for any damages or expenses by reason of use or sale of any such products. SELLER assumes no liability regarding the improper installation, misuse, or misapplication of its products. It is BUYER’S responsibility to ensure proper installation and use.
DISCLAIMER OF PRODUCT FITNESS
WHITE’S DIESEL PERFORMANCE, INC. is the SELLER of all products offered by sale on this website. By purchasing any product through this website, BUYER acknowledges and agrees:
1. All products offered for sale through this website are designed and intended for off-road use only.
2. Use on any state or federal highway may constitute a violation of the Clean Air Act (CAA). The CAA can be found at http://www.epa.gov/air/caa/. This document contains in detail what are considered to be violations of the CAA and corresponding penalties for failure to obey and should be read in full before acknowledging this disclaimer and/or installing this off-road only use product. It is the responsibility of the BUYER to ensure all USERS of products purchased by BUYER understand and comply with all local, state and federal laws regarding vehicle emissions, noise/sound, and speed/use.
3. All products offered for sale through this website are capable of the following:
A. Making a vehicle non-compliant with local, state and federal emissions regulations.
B. Making a vehicle capable of obtaining vehicle speeds unsafe for driving conditions.
C. Making a vehicle capable of obtaining conditions exceeding safe vehicle speeds based on mechanical condition of the vehicle, such as tire speed ratings.
D. Making the vehicle capable of exceeding mechanical limits of engine speed, power output, and mechanical stress upon the powertrain, driveline, chassis, and body of the vehicle.
E. Producing power and torque output(s) requiring superior driving skills and techniques in order to be safely applied.
It is the sole responsibility of BUYER of these products to make BUYER and any USER of these products aware of these additional capabilities and adjust the installation and use of the product accordingly, or to not install or use the product.
4. Installation and use of these products could result in the voidance of vehicle and/or parts manufacturers’ warranties.
5. BUYER is not relying upon SELLER’S skill or judgment to select or furnish products suitable for any particular purpose and all products are sold without any warranty whatsoever, express or implied, as to fitness for any particular intended use.
6. No product is available for sale or use in the state of California.
WEBSITE TERMS OF USE LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the WHITE’S DIESEL PERFORMANCE, INC. website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. WHITE’S DIESEL PERFORMANCE, INC. and/or its suppliers may make improvements and/or changes in the WHITE’S DIESEL PERFORMANCE, INC. website at any time. Advice received via WHITE’S DIESEL PERFORMANCE, INC. website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
WHITE’S DIESEL PERFORMANCE, INC. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on theWHITE’S DIESEL PERFORMANCE, INC. website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. WHITE’S DIESEL PERFORMANCE, INC. and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall WHITE’S DIESEL PERFORMANCE, INC. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the WHITE’S DIESEL PERFORMANCE, INC. website, with the delay or inability to use the WHITE’S DIESEL PERFORMANCE, INC. website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the WHITE’S DIESEL PERFORMANCE, INC. website, or otherwise arising out of the use of the WHITE’S DIESEL PERFORMANCE, INC. website, whether based on contract, tort, negligence, strict liability or otherwise, even if WHITE’S DIESEL PERFORMANCE, INC. or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of theWHITE’S DIESEL PERFORMANCE, INC. website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the WHITE’S DIESEL PERFORMANCE, INC. website.