Conditions of Use
BY ACCESSING MUSCLEMOTORS.COM, OR ANY RELATED SITES (HEREAFTER THE “SITE”), CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, SUCH USE BEING EXPRESSLY CONDITIONED ON ACCEPTANCE OF SAID TERMS AND CONDITIONS.
COPYRIGHTS, TRADEMARKS & INTELLECTUAL PROPERTY:
Copyrights: All materials appearing anywhere on the Site, or any related page, (”The Materials”) are protected by worldwide copyright laws and treaty provisions. The copyrights on The Materials are held by Muscle Motors Performance, Inc. (”MMP”), and/or by the original author/creator of a respective item of The Materials reproduced under license, respectively, with all rights being reserved. Your use of The Materials shall be limited to viewing for informational purposes, and making copies into random access memory solely for the purpose of such viewing. Customer shall not, without express written consent of MMP, and/or the original author/creator (if applicable), copy, reproduce, modify, publish, upload, post, transmit, or disseminate any of The Materials. Artwork or images protected by watermark or other identifying insignia are specifically protected from unauthorized duplication and dissemination by the Digital Millennium Copyright Act, 17 U.S.C. 1201, et seq., and violators may be subject to imprisonment, fines, and other administrative remedies.
DMCA Notices: All correspondence regarding possible copyright infringement MUST, pursuant to _17.U.S.C. 512(c), be sent to MMP’s Designated Agent for Notification of Claims of Infringement:
MMP Corporate Attorney
c/o Muscle Motors Performance, Inc.
9016 Owensmouth Ave Canoga Park, CA 91304-1502
PLEASE NOTE!! Any and all correspondence MUST comply with the statutorily-mandated notice requirements, or it may be lawfully ignored. Please refer to the U.S. Copyright Office’s website (http://www.copyright.gov), or consult a copyright attorney for guidance on complying with the aforementioned requirements.
Trademarks: “Muscle Motors,” “Muscle Motors Performance,” “Musclemotors.com,” “Got Muscle,” “Home of the Best Prices in the Country,” and any artwork associated thereto, the Clutch mascot and its associated artwork, are all trade and/or service marks of MMP, and the use of these properties, or any other trade and/or service marks of MMP (”The Marks”), without the express written consent of MMP is strictly prohibited. No license to reproduce, display, “hot-link” or make commercial use of The Marks in any manner is given or implied. Other logos, trademarks and artwork may appear on this site or related-sites, and these items remain the property of the companies they represent, and are being re-printed by MMP solely by permission. Display and use of these logos is not meant to imply any partnership, joint venture, agency relationship or other association between MMP and any of the companies listed herein. Such use/display is provided solely as a convenience to customers and is for informational purposes only.
COMPLIANCE WITH APPLICABLE LAWS:
Customer warrants that he/she has the legal authority to purchase this equipment, and that he/she will not use, sell, or otherwise distribute this item in any manner violative of applicable state and federal laws. Buyer also agrees to indemnify and hold harmless MMP for liability from any and all claims arising out of Customer’s use, sale, or distribution of this item.
MMP will hold any sensitive information submitted by Customer in the utmost confidence.
In-Stock Items: Items we have in stock are usually shipped the same business day if the order is placed and payment is verified by 3:00pm EST. Occasionally, if an In-Stock item is oversold or unexpectedly backordered, we will order the part from the manufacturer and ship as soon as possible.
Out-Of-Stock Items: Even with our huge inventory, it is possible that we may run out of an item. If so, payment will be secured for the entire amount of the order as a 100% deposit, and the Out-of-Stock Item(s) will be ordered from the manufacturer. As soon as the merchandise becomes available, it will be shipped, usually within one to two weeks. Extended backorders may, however, occur from time to time. In such event, please allow up to six weeks for delivery.
Special Order Items: Certain items are denoted as “Special Order Items.” Please contact your MMP Sales Representative for specific delivery times for these items.
Expedited Shipping: Please note that, while MMP prides itself on fast, hassle-free order processing, time will NOT be deemed to be “of the essence” for any ordered item unless such condition is expressly consented to in writing by MMP. Selecting Next Day, Two Day, or Three Day services DOES NOT bind MMP to any guarantee, express or implied, that shipments will be received by the customer in that respective amount of time. Expedited orders still may incur handling delays prior to shipment, just as standard orders do. In such event, we may not be able to ship expedited orders the same day they are placed, though we will certainly make every effort to do so. As a result, delivery times may vary. Your MMP representative will be happy to assist you in coordinating more precise delivery times when the specifics of the situation are known.
State Emission Controls: Many products listed here are dedicated racing items and are not intended for street use in emission controlled vehicles. Unless otherwise indicated, these parts are not to be installed in vehicles subject to emission control regulations. Check with your state emission regulating authorities before installation of any parts listed here which do not carry emissions compliance. MMP assumes no responsibility for, and makes no warranties or guarantees, express or implied, as to the emission law compliance of any Customer vehicle.
Limitation of Liability: MMP SHALL NOT BE LIABLE OR OBLIGATED UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY AMOUNTS IN EXCESS OF THE AGGREGATE FEES PAID TO IT OR (B) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHATSOEVER.
DISPUTES: These Term & Conditions will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions. Customer hereby submits to the exclusive jurisdiction of the courts within the State of California, and waives any jurisdictional venue or inconvenient forum objections to such courts. Any failure by MMP to enforce any of its rights under these Terms & Conditions, or any applicable laws, shall not constitute a waiver of such right.
Personal Checks:Orders paid via personal check are be subject to a 10-12 business day clearance hold.
Money Orders, Official Bank Checks, Cashier's Checks: Not subject to any clearance hold, absent strong evidence of possible fraud.
COD: No COD orders will be accepted for first-time customers under ANY circumstances. Credit Cards: Domestic orders processed via credit card are not subject to clearance holds, and are processed once approval is obtained. International credit card orders also incur no holds, but MMP will ONLY ship to an address on file with the financial institution. We will not accept any alternate ship-to address for an international order under ANY circumstances.
MMP reserves the right to cancel any order, without liability, in the event of the happening of any of the following (or any other comparable event): (a) a purchasers insolvency; (b) the filing of a voluntary petition in bankruptcy by, or having an involuntary petition filed against, a purchaser; (c) the appointment of a receiver or trustee for any purchaser; (d) or the execution of an assignment for the benefit of a purchaser�s creditors, provided that such petition, appointment, or assignment is not vacated or nullified within fifteen (15) days of such event.
LIMITED WARRANTY AND ORDER CANCELLATIONS:
Replacements: Returns will be accepted, if an item is shown to be defective, within 30 days from the date of order, and a replacement item will be provided (following receipt of the defective item) with no additional S&H charges. However, special order items, as well as certain categories of standard-inventory products (such as superchargers and electrical items) will not be returned, replaced, or have the purchase price refunded, under ANY circumstances. If so, this “no-return” status will be clearly denoted, both on-screen prior to order confirmation, as well as on your product receipt/invoice. Contact your Sales Representative for further details. All returns must be approved by MMP, and assigned an RGA number for tracking. No return will be processed without a valid RGA number under ANY circumstances. Customer assumes full responsibility for the proper packaging, delivery and insurance of returned items to our warehouse. Claims for any items damaged, lost, stolen, or otherwise impaired in transit, must be made with the carrier employed.
Refunds: Non-defective returns are accepted within 30 days from the date of order, subject to a 25% restocking fee. However, no refunds will be granted on items which are used, altered, or installed under ANY circumstances. In addition, Special Order items, as well as certain categories of standard-inventory products (such as superchargers and electrical items), are ineligible for refunds. Contact your Sales Representative for further details. Refunds must also be approved by an MMP Representative, and will not be processed without a valid RGA number.
Other Warranties: None provided. Customers remedies are limited to the processes for replacements and refunds outlined above. MMP makes no additional warranties, express or implied, as to the merchantability, or fitness for a particular purpose, of any ordered items. Some items may carry separate manufacturers warranties, and MMP assumes no responsibility for any claims made therein. Customer must contact the manufacturer for further details on any such warranty. Cancellations: Cancellation requests received and approved prior to shipment are allowed, but are subject to a 10% processing fee. After an item has been shipped, a 25% processing fee will be incurred for any shipment that is refused. No cancellations on group-purchase or group-buy orders are allowed under ANY circumstances.
PRICING AND SITE CONTENT:
Prices quoted are estimates based on the information you have supplied, and are only accurate to the extent your information is accurate. The pricing and/or technical information that appears on the Site may be changed, updated, and/or deleted at any time, even after an order has been placed, without notice to Customer. This information may also contain technical inaccuracies or typographical errors, and Customer expressly assumes the risk of such errors. Customer is encouraged to contact his/her MMP Sales Representative at any time for verification of current pricing or other information. The Site may also contain content not generated by MMP, and it shall not be responsible for any representations made or implied via third-party content.
Certain prices represent cash-only pricing, and if so, paying via credit card will necessitate an additional 3% fee. Each such transaction will be clearly denoted.
SEPARABILITY OF PROVISIONS:
The invalidity, illegality and unenforceability of any provision(s) of these Terms & Conditions shall in no way affect or impair the validity, legality and enforceability of the remaining provisions hereof.
SHIPPING AND HANDLING POLICIES:
Responsibility for Shipping & Handling Fees: All domestic orders are shipped, unless otherwise expressly agreed to in writing, using the following terms: FOB Origin, Freight Collect. For International shipments, we ship FCA Sellers Premises, as defined under the Incoterms 2000. These terms mean, essentially, that Customer must pay any and all shipping and handling fees, including freight charges and insurance, as well as any duties, taxes, customs clearance expenses, and any other shipping costs which may arise. Other shipping charges, surcharges or accessorial charges may apply and your final shipping charge may vary.
Responsibility for Damage: In addition, risk of loss and title for all items ordered pass to you upon our delivery to the carrier. MMPs responsibility for damage, theft, alteration, or other mishaps to your items ends at that moment. All orders automatically carry up to $100.00 insurance coverage, which is provided at no additional charge by the thrid-party frieght carrier. If needed, additional coverage is available, and is generally a good investment. Contact your MMP salesperson for more details on specific levels of coverage.
PayPal, Visa, MasterCard, American Express, and Discover all strongly discourage shipping products to an address that is not on listed in their records. Please note that simply because one has previously had products shipped to an address other than the registered billing address, this does not mean that such address is on file with the credit card company. It is to: i) contact his/her financial institution and see that the alternate shipping address is approved prior to bidding on any auction. or ii) sign a written authorization form, which will be kept on file at MMP in the case of charge-backs or other disputes.
**Please Note: For international orders, MMP will ONLY ship to an address on file with the financial institution. We will not accept any alternate ship-to address for an international order under ANY circumstances.
USER-FORUMS: Customer agrees not to post or otherwise transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, objectionable or profane material or any materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law, to The Site. MMP will fully cooperate with law enforcement authorities or court orders requesting or directing it to disclose the identity of or help identify anyone posting any such information or materials on this web site.