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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PERFORMANCEPARTS.COM SITE. By using the Performanceparts.com site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Performanceparts.com site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment."

RESTRICTIONS ON USE OF MATERIALS.

By using our web site, you signify to us your agreement that use of the web site is restricted to personal, non-commercial use. All materials contained in Performanceparts.com site including but not limited to its data, content, layout, format, search sequences, and programming is the sole property of Performanceparts.com and its parent corporation Specialty Equipment Marketers, Inc. and is protected by copyright, trademark, and other intellectual property laws. All trademarks, service marks, trade names, and trade dress are proprietary to Performanceparts.com and Specialty Equipment Marketers, Inc. No material from any Performanceparts.com site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, disseminated, sold, rebroadcast, circulated, or distributed in any way. The use of any Performanceparts.com material on any other Web site or computer environment is prohibited. Use of any data mining tools, such as robots, or similar data gathering and extraction tools for any purpose is strictly prohibited. This means you cannot use any of the information, data, content, layout, format, search sequences, programming, and content from the web site to act as a reseller, wholesaler, retailer, broker, and/or agent in relation to the goods and services available through this web site.

SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments regarding our products and services. If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, message board, instant messaging, mobile messaging or e-mail function that may be offered as part of our site. If you participate in any Forum within a Performanceparts.com site, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a Performanceparts.com site by way of any Forum is routed through Performanceparts.com's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on Performanceparts.com sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including trading, buying or selling, or making any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

HOUSE RULES

The following is a list of the House Rules of conduct for the Performanceparts.com sites. By using the Performanceparts.com sites you agree not to do any of the following:

  1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be:
    1. defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
    2. bigoted, hateful, or racially offensive;
    3. vulgar, obscene, or sexually explicit (language or images);
    4. or that encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
  2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:
    1. copyright, patent, trademark, or other proprietary rights;
    2. right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
    3. any confidentiality obligation;
  3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
  4. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
  5. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
  6. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
  7. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these House Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Performanceparts.com site in violation of the law.

CONTENT LINKED TO ANY PERFORMANCEPARTS.COM SITE

You should be aware that when you are on a Performanceparts.com site, you could be directed to other sites that are beyond our control. There are links to other sites from Performanceparts.com pages that take you outside of our service. This includes links from vendors, advertisers, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a Performanceparts.com site the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that Performanceparts.com is not responsible for those sites. We reserve the right to disable links from third-party sites to any Performanceparts.com site, although we are under no obligation to do so.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Performanceparts.com site.

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DISCLAIMER

THE MATERIALS IN THE PERFORMANCEPARTS.COM SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY PERFORMANCEPARTS.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PERFORMANCEPARTS.COM SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY PERFORMANCEPARTS.COM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Performanceparts.com site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our officers, directors, owners, agents, and information providers, (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

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LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PERFORMANCEPARTS.COM SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY PERFORMANCEPARTS.COM SITE.

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JURISDICTIONAL ISSUES

Performanceparts.com is controlled and operated by SEMI from its U.S. offices in Tennessee. We make no representation that materials on any Performanceparts.com site are appropriate or available for use in any particular location. Those who choose to access a Performanceparts.com site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Web sites covered by these terms of use. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of such notice on the Web sites covered by these terms of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

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AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. The terms posted on this site at the time of any transaction will be applicable to the completion of that transaction including order processing, shipment, and return options.

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TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of all Performanceparts.com sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to any and all Performanceparts.com sites) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all Performanceparts.com sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

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GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the State of Tennessee and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Washington County, Tennessee, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

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