Terms & Conditions
Use of products sold by POLY PERFORMANCE is at the consumer's own risk. Proper installation and proper use of all products must be followed for optimal safety and performance. POLY PERFORMANCE does not accept responsibility for improper use, alterations, and installation of any products purchased from us.
All products sold and manufactured by POLY PERFORMANCE are for off-road use only.
POLY PERFORMANCE: Web Site Agreement
The POLY PERFORMANCE web site (the "Site") is an online information service provided by POLY PERFORMANCE, subject to the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. POLY PERFORMANCE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are POLY PERFORMANCE, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to POLY PERFORMANCE a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to POLY PERFORMANCE by all means and in any media now known or hereafter developed. You also grant to POLY PERFORMANCE the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against POLY PERFORMANCE for any alleged or actual infringement or misappropriation of any proprietary right in your communications to POLY PERFORMANCE.
2. Use of the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. POLY PERFORMANCE PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND POLY PERFORMANCE SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. POLY PERFORMANCE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL POLY PERFORMANCE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF POLY PERFORMANCE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, POLY PERFORMANCE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
POLY PERFORMANCE makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-POLY PERFORMANCE Web site, please understand that it is independent from POLY PERFORMANCE, and that POLY PERFORMANCE has no control over the content on that Web site. In addition, a link to a POLY PERFORMANCE Web site does not mean that POLY PERFORMANCE endorses or accepts any responsibility for the content, or the use, of such Web site.
You agree to indemnify, defend and hold harmless POLY PERFORMANCE, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of POLY PERFORMANCE and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between POLY PERFORMANCE and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. POLY PERFORMANCE's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. POLY PERFORMANCE may assign its rights and duties under this Agreement to any party at any time without notice to you.
POLY PERFORMANCE is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by POLY PERFORMANCE
8. Reservation of Rights.
Any rights not expressly granted herein are reserved.
9. No Presence Outside of California.
All internet and mail order sales are transacted by POLY PERFORMANCE, which has no presence outside the state of California. No returns will be accepted without a prior authorization.
10. Dealer Agreement
POLY PERFORMANCE dealers may not advertise any product for less than the current Retail pricing. Advertising includes but is not limited to print ads, web sites, and auctions of any type, catalogs or flyers. The POLY PERFORMANCE brand must be sold as POLY PERFORMANCE brand of parts. Dealers selling POLY PERFORMANCE parts as their own brand of parts or advertising below retail will have their dealership status revoked immediately.
Passenger and Off-Highway Vehicles (Prop 65)
WARNING: Operating, servicing and maintaining a passenger vehicle or off-road vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service your vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing your vehicle.
For More Information:
Go to www.P65Warnings.ca.gov/passenger-vehicle.