Conditions of Use
Welcome to the Modern Performance web iste. By using this web site YOU AGREE TO
BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY
and all disclaimers and terms and conditions that appear elsewhere on the Modern
Performance web site.
Modern Performance reserves the right to make changes to the Modern Performance
web site and its Conditions of Use and Legal Notices at any time. Each time you
use the Modern Performance web site, you should visit and review the then current
Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions
and use of this site. If you are dissatisfied with the Modern Performance web
site, its content or Conditions of Use and Legal Notices, you agree that your
sole and exclusive remedy is to discontinue using the Modern Performance web site.
Tampering with the site, misrepresenting the
identity of a user, using buying agents or conducting fraudulent activities
on the site are prohibited.
Disclaimers and Limitation of Liability
By using the Modern Performance web site, you expressly agree that use of the
Modern Performance web site is at your sole risk. The Modern Performance web
site is provided on an "AS IS" and "as available" basis.
Neither Modern Performance nor its affiliates, subsidiaries or designees nor
each of their respective officers, directors, employees, agents, third-party
content providers, designers, contractors, distributors, merchants, sponsors,
licensors or the like (collectively, "Associates") warrant that use
of the Modern Performance web site will be uninterrupted or error-free. Neither
Modern Performance nor its Associates warrant the accuracy, integrity or completeness
of the content provided on the Modern Performance web site or the products or
services offered for sale on the Modern Performance web site. Further, Modern
Performance makes no representation that content provided on the Modern Performance
web site is applicable to, or appropriate for use in, locations outside of the
United States. Modern Performance and its Associates specifically disclaim all
warranties, whether expressed or implied, including but not limited to warranties
of title, merchantability or fitness for a particular purpose. No oral advice
or written information given by Modern Performance or its Associates shall create
a warranty. Some states do not allow the exclusion or limitation of certain
warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall Modern Performance or its Associates be liable
for any direct, indirect, incidental, special or consequential damages that
result from your use of or inability to use the Modern Performance web site,
including but not limited to reliance by you on any information obtained from
the Modern Performance web site that results in mistakes, omissions, interruptions,
deletion or corruption of files, viruses, delays in operation or transmission,
or any failure of performance. The foregoing Limitation of Liability shall apply
in any action, whether in contract, tort or any other claim, even if an authorized
representative of Modern Performance has been advised of or should have knowledge
of the possibility of such damages. User hereby acknowledges that this paragraph
shall apply to all content, merchandise and services available through the Modern
Performance web site. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Intended for Users Over 13
The Modern Performance Web site is intended for use by individuals 13 years
of age or older. The Modern Performance web site is not directed for use by
children under the age of 13. Users under the age of 13 should get the assistance
of a parent or guardian to use this site.
Errors on Our Site
Prices and availability of products and services are subject to change without
notice. Errors will be corrected where discovered, and Modern Performance reserves
the right to revoke any stated offer and to correct any errors, inaccuracies
or omissions including after an order has been submitted and whether or not
the order has been confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is cancelled, Modern
Performance will issue a credit to your credit card account in the amount of
the charge. Individual bank policies will dictate when this amount is credited
to your account. If you are not fully satisfied with your purchase, you may
return it in accordance with Modern Performance's Return Policy.
Pricing Policy
Online prices are subject to change.
Sales Tax Policy
Because Modern Performance conducts business in the State of Texas and collects
and remits sales tax as required by law, the Modern Performance web site also
collects and remits sales tax as appropriate for customera located within the
State of Texas.
Paying for Your Order
You may pay for your orders with major credit cards or debit cards. Currently,
we accept Visa®, MasterCard®, American Express® and Discover®
Card as well as PayPal.
Generally, credit and debit card are not charged until we ship the item(s)
to you. However, we may pre-authorize your order amount with your credit or
debit card issuer at the time you place the order, which may have an effect
on your available credit line. Please contact your credit card issuer for more
information.
If you ordered a custom-made-to-order item, you will be charged immediately..
Validating Your Order
After you place an order using our shopping cart, we will check the information
you give us for validity, by verifying your method of payment or shipping address.
We reserve the right to reject any order you place with us, and/or to limit
quantities on any order, without giving any reason. If we reject your order,
we will attempt to notify you using the e-mail address you have given us with
the order.
Your credit or debit card will normally not be charged if we reject an order,
but we will process a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. The Modern Performance web site reserves the right at any time after
receipt of your order to accept or decline your order for any reason.
Termination of Use
Modern Performance may, in its sole discretion, terminate your account or your
use of the Modern Performance web site at anytime. You are personally liable
for any orders that you place or charges that you incur prior to termination.
Modern Performance reserves the right to change, suspend or discontinue all
or any aspects of the Modern Performance web site at any time without prior
notice.
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