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    Conditions of Use

    Conditions of Use

    Last updated: January 18, 2017

    Welcome to FreedomPerformance.us. Freedom Performance, LLC, hereafter listed as, "Freedom Performance," provide website features and other products and services to you when you visit or shop at FreedomPerformance.us, or use Freedom Performance products or services. Freedom Performance, LLC provides services subject to the following conditions.
     

    By Using Freedom Performance Services, You Agree to These Conditions. Please Read Them Carefully.

    We offer a wide range products at Freedom Performance, and we do our best to provide the best quality and service available as your auto parts resource. When you use an Freedom Performance (for example, Your Account, Rewards, Wish List, Gift Cards, or Freedom Performance on mobile) you also will be subject to the guidelines, terms and agreements applicable to that Service ("Service Terms"). 

    Privacy

    Please review our Privacy Notice for reference on how we are accountable for the information you provide to us while visiting our website and after account registration.

    Electronic Communication

    When you use our services, which includes e-mails, Facebook messages, and other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us, such as e-mails, Facebook messages, or notices and messages on this site, such as our Contact Us page, and you can retain copies of these communications for your records. We will not contact you unless you have subscribed to our newsletter, placed an order, or otherwise requested information from us. 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 in or made available through Freedom Performance, such as our business name, text, graphics, logos, etc., are the property of Freedom Performance or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through Freedom Performance is the exclusive property of Freedom Performance and protected by U.S. and international copyright laws.

    Trademarks

    Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Freedom Performance service is trademarked, and otherwise owned by Freedom Performance, LLC., in the U.S. and other countries. Freedom Performance's trademarks and trade dress may not be used in connection with any product or service that is not Freedom Performance's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Freedom Performance. All other trademarks not owned by Freedom Performance that appear in any Freedom Performance service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Freedom Performance.

    Patents

    We have no pending patents under our company trademark.

    License and Access

    Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Freedom Performance grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Freedom Performance Services. This license does not include any resale or commercial use of any Freedom Performance Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Freedom Performance Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Freedom Performance or its licensors, suppliers, publishers, rightsholders, or other content providers. No Freedom Performance Service, nor any part of any Freedom Performance Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Freedom Performance, LLC. 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 Freedom Performance, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing Freedom Performance's name or trademarks without the express written consent of Freedom Performance. You may not misuse Freedom Performance Services. You may use Freedom Performance Services only as permitted by law. The licenses granted by Freedom Performance terminate if you do not comply with these Conditions of Use or any Service Terms.

    Your Account

    If you use any Freedom Performance service, you are responsible for maintaining the security, integrity and confidentiality of your account and password, and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. If your account security is compromised, contact your bank first and then alert us in the event of compromised security. We will take every action needed to validate any purchases made and assist you in creating a new password to resecure your account.

    Freedom Performance does not sell products for children or minors. Our products and services will only be sold to adults, who can purchase with a credit card or other permitted payment method through Paypal.com. If you are under 18, you may use the Freedom Performance Services only with involvement of a parent or guardian. Freedom Performance reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will contact you in the event that we need assistance processing an order, to refuse service or cancel an order. In the event that an order is created by mistake, any applicable fees will be deducted from the amount returned to you under Paypal's refund policies.

    Reviews, Communications, and Other Access

    Visitors may post reviews, comments, photos, videos, and other content to Freedom Performance and our Facebook page; send other communications; and 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 (including publicity 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" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Freedom Performance reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. In the event of the above listed scenarios, we may issue a temporary or permanent IP ban depending on the severity of the infringment. We reserve the right not to notify you in the event such a ban is required.

    If you do post content or submit material, and unless we indicate otherwise, you grant Freedom Performance, LLC., a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Freedom Performance 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 Freedom Performance for all claims resulting from content you supply. Freedom Performance has the right but not the obligation to monitor and edit or remove any activity or content. Freedom Performance takes no responsibility and assumes no liability for any content posted by you or any third party on our website or Facebook page.

    Copyright Infringement

    Freedom Performance respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

    Risk of Loss During Shipping

    All items purchased from Freedom Performance are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You agree to direct any dispute over lost or missing shipment claims to the carrier.

    Returns, Refunds, and Ownership

    Freedom Performance does not take ownership of returned items, as the item is returned directly to our manufacturers' distributor centers. At our discretion, a refund may be issued without requiring a return. In this situation, Freedom Performance does not take ownership of the refunded item. For more information about our returns and refunds, please see our Shipping and Refunds Policy.

    Product Descriptions

    Freedom Performance attempts to be as accurate as possible. However, Freedom Performance does not guarantee that product descriptions or other content of any Freedom Performance Service is accurate, complete, reliable, current, or error-free. We review our website frequently, but we are often reliant on the information distributed by the manufacturer and are limited in our capacity to observe and test every item in our available inventory. If a product offered by Freedom Performance itself is not as described, or you receive an incorrect item in your order, your sole remedy is to return it in unused condition.

    Pricing

    "List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check our List Prices against prices recently found on other wholesale websites. Certain products may have a "MAP Price" displayed, which is defined as the minimum amount a product is legally allowed to be listed for. All manufacturers must obey MAP pricing due to industry standards. We will attempt to price match any item, but in the event of a third party reseller (such as Ebay, etc.) listing an item below MAP pricing, we cannot be responsible for price matching below industry standard. It is illegal for us to do so, and it is highly likely that the merchant is reselling counterfeit or used parts, or is otherwise not shipping directly from a US based manufacturer. Freedom Performance only sells directly from the manufacturer's warehouse and will never resell items received from third party venders. This is part of our quality assurance guarantee--you will receive exactly what you order with the fastest shipping time possible.

    With respect to items sold by Freedom Performance, we cannot confirm the price of an item until you place an order. Despite our best efforts, a small number of the items in our catalog may be mispriced in the event MAP pricing changes. If the correct price of an item sold by Freedom Performance is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. What sets us apart from our competition is we will also contact you in the event that the MAP pricing is reduced and issue a partial refund for the difference. Other merchants follow different policies in the event of a mispriced item.

    You will receive our invoice through Paypal, and we will charge your account before your order enters the shipping process. We invite our customers to take advantage of Paypal's Credit program, but Freedom Performance does not offer financing services at this time.

    Other Business

    Manufacturers other than Freedom Performance operate stores, provide services, or sell product lines through Freedom Performance Services. We invite our customers to shop with us so that you do not have to pay retail pricing or wait for these manufacturers to ship your items in 5-7 business days. Using Paypal, we are able to charge and ship your order immediately. In addition, we provide links to the sites of affiliated companies and certain other businesses in reference to the items and services we provide. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Freedom Performance does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

    Disclaimers of Warranty and Limits of Liability

    Freedom Performance provides our services on an "As Is" and "As Available" basis, unless otherwise specified in writing. Freedom Performance makes no representations or warranties of any kind, express or implied, as to the operation of Freedom Performance, or the information, content, materials, products, or other services made available to you through FreedomPerformance.us or our Facebook page. You expressly agree that your use of our services and products outside of the Conditions of Use listed here is expressly at your own risk. To the full extent permissible by applicable law, Freedom Performance disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Freedom Performance does not warrant that our services, information, content, materials, products, or other services included on or otherwise made available to you through our website, services, servers or electronic communications are free of viruses or other harmful components. Freedom Performance will not be held liable for any damages of any kind arising from the use of any Freedom Performance service, or from any information, content, materials, products included in or otherwise made available to you through Freedom Performance, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. We expect our customers to download any of the freely available virus, malware, or security scanning software to protect their communications before receiving any information from us.

    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 may have additional rights. 

    Limitations of Liability

    1. Products should only be installed by a licensed auto mechanic who holds all the necessary licensure, permits, approvals and tools in order to trade as a licensed auto mechanic in the jurisdiction in which the product is installed. Do not install the product if the product appears damaged or cracked. Do not install the product incorrectly. This product must be inspected before installation. It is the responsibility of the licensed auto mechanic who installs this product to provide and install all necessary parts and any other equipment required for the proper installation of this product. We guarantee that the product you receive is the product you ordered, and are genuine and shipped directly from the manufacturer at a lower price otherwise available at retail.

    2. Due to the variation in state laws, we cannot guarantee or imply that your vehicle will pass applicable vehicle inspections in your county or jurisdicton after installation of any product sold through Freedom Performance. We are not responsible for researching and providing information about your state or county's laws and jurisdictions to you, since we sell and distribute to all 50 states. You accept that you are responsible for ensuring that after installation of a product, your vehicle will still comply with your state's laws and will be driveable.

    3. It is your responsibility to make sure any and all parts are compatible with the make, year, and model of your vehicle, and any other parts or modifications previously installed on your vehicle. We are not responsible for issues, damages, repair or replacement in the event our products are not compatible with any previous installations or any resulting incompatibility or damages that arise after additional installation of products. Please see our Refunds and Returns policy for information about if your products are eligible for a full refund.

    4. This product has been handled and manufactured with due care by our suppliers and has passed strict quality control procedures without fault. It is the responsibility of the licensed auto mechanic who installs this product to provide and install any necessary equipment and make any necessary adjustments required for the proper installation of this product. Freedom Performance disclaims all liability to the fullest extent permitted by law and makes no warranty, representation, or guarantee other than those required by law regarding the improper installation of this product by a licensed auto mechanic or the installation of this product by any person other than a licensed auto mechanic. Other than is required by law, Freedom Performance makes no warranty, representation, or guarantee regarding the suitability of this product for any particular purpose, nor does Freedom Performance assume any liability whatsoever arising out of the improper application or misuse of this product. Any performance specifications are believed to be reliable but are not verified, and the licensed auto mechanic who installs this product must conduct and complete all necessary performance and other testing of this product, alone and together with, or installed in, any end-products. The buyer shall not rely on any data and performance specifications or parameters provided by Freedom Performance and it is the buyer’s responsibility to independently determine the suitability of this product and to arrange for same to be properly tested and verified. The information provided by Freedom Performance herein is provided “as is, where is” and with all faults and the entire risk associated with such information is entirely with the buyer. Freedom Performance does not grant, explicitly or implicitly, to any party any patent rights, licenses or any other intellectual property rights, whether with regard to such information itself or anything described by such information. Information provided in this document is proprietary to Freedom Performance and we reserve the right to make any changes to the information in this document at any time without notice.

    Dispute

    Any dispute or claim relating in any way to your use of any Freedom Performance services, or to any products or services sold or distributed by Freedom Performance or through FreedomPerformance.us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

    To begin an arbitration proceeding, you must send FreedomPerformance.us an e-mail requesting arbitration and describing your claim to our registered business email address, sales@freedomperformance.us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not reimburse any fees for claims due under the arbitration unless so ordered. Likewise, Freedom Performance will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Cochise County, Arizona.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    Applicable Law

    By using any Freedom Performance Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, 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 Freedom Performance.

     

    Modification of Product Pricing

     

    At times, some errors may have been found in regards to product pricing. Freedom Performance reserves the right to cancel and/or modify the pricing. If the buyer chooses not to honor the new pricing, any payment will be refunded in full.

     

    Site policies

    Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your use of Freedom Performance services. We reserve the right to make changes to our site, policies, Service Terms, 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.

    Our Address

    We are based in Sierra Vista, Arizona and our contact information is: 
    Http://www.freedomperformance.us
    sales@freedomperformance.us

    Notice and Procedure for Making Claims of Copyright Infringement

    If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online contact information page. We respond quickly to the concerns of rights owners about any alleged infringement.

    If you submit a report in writing, please provide us with this information:

    • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the site;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Freedom Performance's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

    Website: http://www.freedomperformance.us

    E-mail: sales@freedomperformance.us

    Please note that this procedure is exclusively for notifying Freedom Performance that your copyrighted material has been infringed.