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Total Performance Engineering provides their services to you subject to the following conditions. If you visit or shop within this website, the forum based websites we sponsor, or shop within our retail store, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Total Performance Engineering or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Total Performance Engineering or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Total Performance Engineering, and protected by U.S. and international copyright laws. The software application provider and author for the "osCommerce" shopping cart is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for osCommerce remains the intellectual rights of www.oscommerce.com.
TRADEMARKS
Total Performance Engineering's trademarks and trade dress may not be used in connection with any product or service that is not Total Performance Engineering's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Total Performance Engineering. All other trademarks not owned by Total Performance Engineering or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Total Performance Engineering or its subsidiaries.
LICENSE AND SITE ACCESS
Total Performance Engineering grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Total Performance Engineering. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Total Performance Engineering. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Total Performance Engineering and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Total Performance Engineering name or trademarks without the express written consent of Total Performance Engineering. Any unauthorized use terminates the permission or license granted by Total Performance Engineering. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Total Performance Engineering so long as the link does not portray Total Performance Engineering, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Total Performance Engineering logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Total Performance Engineering and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any email or other content. Total Performance Engineering reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do submit material, and unless we indicate otherwise, you grant Total Performance Engineering and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Total Performance Engineering and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Total Performance Engineering or its associates for all claims resulting from content you supply. Total Performance Engineering has the right but not the obligation to monitor and edit or remove any activity or content. Total Performance Engineering takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Total Performance Engineering are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Total Performance Engineering and its associates attempt to be as accurate as possible. However, Total Performance Engineering does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Total Performance Engineering itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TOTAL PERFORMANCE ENGINEERING ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOTAL PERFORMANCE ENGINEERING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOTAL PERFORMANCE ENGINEERING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOTAL PERFORMANCE ENGINEERING DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TOTAL PERFORMANCE ENGINEERING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOTAL PERFORMANCE ENGINEERING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
BY PURCHASING FROM TOTAL PERFORMANCE ENGINEERING, YOU UNDERSTAND THAT ANY AND ALL AFTERMARKET PARTS MAY CAUSE SERIOUS INJURY OR DEATH. AFTERMARKET, NON ORIGINAL EQUIPMENT PARTS MUST ONLY BE USED ON AN OFF ROAD BASIS, AND NOT USED FOR REGULAR STREET OPERATION. IF YOU PURCHASE THESE PARTS, YOU ACCEPT FULL RESPONSIBILITY FOR ITS PROPER OPERATION, AND HOLD TOTAL PERFORMANCE ENGINEERING AND ITS AFFILIATES HARMLESS FROM ANY CIVIL AND CRIMINAL ACTIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WARRANTIES OF AFTERMARKET ENGINES
When purchasing an aftermarket engine, you understand these engines are built and designed for high performance and/or off road applications. Total Performance Engineering warrants all of its engines free from workmanship defect for a period of 180 days from the date of install when the engine is installed in house, at our facility in Las Vegas, NV. This warranty is limited to workmanship only, and does not include materials, unless the workmanship caused the direct failure of the material itself.. Due to the nature of these engines, if you choose to have your engine installed either by yourself, or another facility, there are no warranties expressed or implied. ALL engine warranty claims must be inspected in house prior to warranty approval to determine the root cause of the failure. If it is found that the vehicle has been used in racing, forced induction, nitrous oxide, or any other purpose that the engine was not specifically built for, the warranty of the engine will be immediatly void.
APPLICABLE LAW
By visiting Total Performance Engineering, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Total Performance Engineering or its associates.
DISPUTES
Any dispute relating in any way to your visit to Total Performance Engineering or to products you purchase through Total Performance Engineering shall be submitted to confidential arbitration in Nevada, except that, to the extent you have in any manner violated or threatened to violate Total Performance Engineerings intellectual property rights, Total Performance Engineering may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Total Performance Engineering. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at:
sales@totalperformanceengineering.com
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