The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
- All notices from Creative Performance Inc. to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Creative Performance Inc. shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to Creative Performance Inc. five (5) days after the date sent. - Copyright
- All content appearing on this Web site is the property of:
Creative Performance Inc.
Copyright © 2009-2010 Creative Performance Inc. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009-2010 Creative Performance Inc. All rights reserved. - Trademarks
- All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Creative Performance Inc.. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Creative Performance Inc. or any third party, except as expressly granted herein.
- Use Of Site
- This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Creative Performance Inc. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Creative Performance Inc. believes that customer conduct violates applicable law or is harmful to the interests of Creative Performance Inc. and its subsidiaries.
- Privacy Policy
- Creative Performance Inc. use of personal information that you may submit to Creative Performance Inc. through this Web site is governed by the Creative Performance Inc. Privacy Policy.
- Consumer Agreement
Store Policies:
1. We always recommend professional installation
2. Some parts are not for use on public streets or highways
3. Special ordered or custom made products can not be returned or cancelled once ordered
4. No cancellations on "Custom Made Products" after 24 hours
5. All cancellations after 24 hours will be charged a 10% cancellation fee
6. All returns are for IN HOUSE CREDIT only
7. All returns must be in resalable condition and in original packaging
8. No returns will be accepted after 30 days
9. Any warranty return does not include labor or shipping costs
10. A 30% restocking fee charged to all returns
11. All implied warranties are exclusively held by the manufacturer
12. Creative Performance Corp. will not be held liable for any consequential damages or labor costs.
Limitation of Liability
Creative Performance Corp. 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 Creative Performance Corp. 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.Indemnification You agree to indemnify, defend, and hold harmless Creative Performance Corp., 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.
- Shipping & Delivery
- At this time, Creative Performance Inc. ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Creative Performance Inc. ships merchandise to Canada and Mexico and other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
- International
- Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Creative Performance Inc. is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. - Sales Tax
- Creative Performance Inc. charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
- Warranties
- The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Creative Performance Inc. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Creative Performance Inc. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Creative Performance Inc. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Creative Performance Inc..
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Creative Performance Inc. is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Creative Performance Inc..
The inclusion of material on this server does not imply any endorsement by Creative Performance Inc., which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Creative Performance Inc. tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct. - Return Policy
- You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Creative Performance Inc. reserves the right to change its payment procedures at any time without prior notice to you.
- Store Hours
- Customer service is available as defined on the Contact Us page of this Web site.
- Miscellaneous
- VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Creative Performance Inc. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Creative Performance Inc. shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Creative Performance Inc. with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Creative Performance Inc. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Creative Performance Inc.. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
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 a Creative Performance Corp. 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.
Third-Party Links
In an attempt to provide increased value to our visitors, Creative Performance Corp. may link to sites operated by third parties. However, even if the third party is affiliated with Creative Performance Corp., Creative Performance Corp. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Creative Performance Corp. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Creative Performance Corp. 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).
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