Conditions of Use
(Last Updated 11/22/12)
NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THIS SITE.
NOTICE: YOU MUST BE 18 YEARS OLD OR OLDER TO PARTICIPATE ON OUR WEBSITE.
We maintain this website as a service to our customers. By accessing our site, you are agreeing to comply with and to be bound by the following terms. We recommend that you check this page periodically for future changes. If you do not agree to the terms and conditions listed on this page, you should not participate on our site, either by viewing information or purchasing good or services.
You agree to the terms and conditions outlined in this agreement ("Agreement") with respect to our website (the "Site"). This Agreement constitutes the entire and sole agreement between us and you, and it supersedes any prior agreements, representations, warranties and understandings regarding the Site and its content, products, services, or subject matter. This Agreement may be modified by us at any time without prior notice to you. The latest Agreement will be posted on the Site, and it is your responsibility to review this Agreement prior to using the Site.
All content on the Site, including but not limited to layout, graphics, images, design, compilation, digital conversion, textual content, etc. are protected under applicable copyright, trademark, and intellectual property rights. Copying, redistribution, or republication by you of any site content, except as permitted in the Limited Right section, is strictly prohibited. Under no circumstances do you acquire any ownership rights whatsoever to any Site content, even if you post information or content on the Site.
Fraud or Misrepresentation
You assert that any information you provide to us is true and accurate and that you agree to abide by the terms and conditions of this Agreement.
Limited Right to Use Content
The viewing, downloading, or printing of any Site content, images, or documents grants you a limited, nonexclusive license for use solely by you, for your own personal use. You may not republish, distribute, assign, sublicense, sell, or create derivative works from these materials, in any format, digital or otherwise.
Modification of Content
We reserve the right, in our sole discretion, to modify or delete any information or content appearing on the Site, including this Agreement, without notice to users.
You agree to indemnify, defend and hold us and our owners, employees, attorneys, suppliers, carriers, and affiliates harmless from any liability, loss, claim, or expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of the Site or its products.
Your rights to use the Site are not transferable. Any password or access rights given to you to obtain information from the Site are not transferable and may only be used by you individually.
All responsibility or liability for damages caused by viruses contained within any electronic file on the Site is specifically disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Under all circumstances, our maximum liability to you will be equal to the purchase price you pay for any goods or services.
Use of Information
You represent and warrant that if you purchase any good or services from us that:
any credit card information you supply is true, correct and complete
charges incurred by you will be honored by your credit card company
you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes
Refusal of Orders
We may refuse to accept an order when:
goods are not available
we cannot obtain authorization for your payment
there has been a pricing or product description error
you do not meet any eligibility criterion set out in our Terms and Conditions
Links to Other Websites
The Site may contain links to other websites. We are not responsible for the content on such sites, and such sites are not monitored by us for accuracy. Inclusion of any linked website on our Site does not imply approval or endorsement of that site. If you decide to leave our Site and access third-party sites, you do so at your own risk.
Any suggestions, ideas, concepts, or other information you may send to us shall be deemed and shall remain our sole property . We shall not be subject to any obligation of confidence. Without limiting the foregoing rights, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding these site submissions and shall be entitled to their unrestricted use for any purpose whatsoever, without compensation to the provider or providers.
You are prohibited from posting or transmitting to or from the Site any material that is threatening, defamatory, obscene, abusive, discriminatory, in breach of confidence, or in breach of privacy. You are also prohibited from posting content:
for which you have not obtained all necessary licenses and/or approvals
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
Venue and Applicable Law
This site is created and controlled by Bar None Diesel Performance, LLC. in the state of Oregon, USA. The laws of Oregon will govern the terms and conditions contained in this Agreement and elsewhere throughout this Site, without giving effect to any principles of conflicts of law. YOU AGREE THAT ANY ACTION OR PROCEEDING ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF SHERMAN COUNTY, OREGON OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING, AND YOU ARE WAIVING ANY CLAIM THAT THESE VENUES ARE AN INCONVENIENT OR IMPROPER FORUM.
THE INFORMATION AND PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE SPECIFICALLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, SERVICE, OR PRODUCT. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND ITS PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE THAT OVERRIDES ANY POLICY STATED IN THIS AGREEMENT.