TERMS AND CONDITIONS

These Terms of Use (these “Terms”) are between you and Aftermarket Performance Group and its corporate affiliates (the “Company”), for the use of the TrailRecon.com website (“the “Website”), as well as all related websites, networks, embeddable widgets, downloadable software, mobile applications (including phone, tablet, and other applications), and other services provided by us and/or on which a link to these Terms is displayed (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SERVICES.  BY USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LEGAL DISPUTES PROVISION IN SECTION 21 BELOW, WHICH PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION.  CERTAIN RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED.  YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS LEGAL DISPUTES CLAUSE IS APPROPRIATE FOR YOU.  YOU CAN OPT OUT OF THIS LEGAL DISPUTES CLAUSE BY FOLLOWING THE INSTRUCTIONS IN SECTION 21.

  1. ACCEPTANCE OF THE TERMS.

 

1.1.                Please read these Terms carefully before you use the Services. By using the Services, you signify that you have read, understand, and agree to be bound by these Terms, including our Privacy Policy and any additional terms, conditions, and policies referenced in these Terms and/or available by hyperlink. If you do not agree to these Terms, you must not access or use the Services.

 

1.2.                The Services are not intended for users younger than 18. If you are not at least 18, you must not access or use the Services. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations

 

  1. SERVICES OVERVIEW. Our Services may contain message boards, chat rooms, personal web pages, profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services. All such User Content must comply with these Terms, including without limitation Section 9 Prohibited Uses and Section 10 User Content.

 

  1. CHANGES TO THE TERMS. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the Terms’ effective date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you must not use or access the Services. It is your responsibility to regularly review these Terms.

 

  1. LEGAL DISCLAIMER. We make no claims as to emission performance for street or highway use. Some equipment is not sold for street use in any state or country where state or federal regulations prohibit its use. Some items listed in the online catalog are intended for off-road use only. Federal regulations and some state laws prohibit the removal, modification, or rendering inoperable of any device or design element that affects vehicle emission or safety in a vehicle used on public highways. Violation of such laws may subject the owner or user to fines or penalties; we insist you check local and federal laws for compliance regulations prior to purchasing said parts. Please be aware that installation of performance products may void a manufacturer's warranty coverage, if any, on your vehicle and that vehicles modified by the use of performance parts may no longer lawfully be used on public highways. Dealers, installers, and end-users assume all costs and risks associated with the purchase and installation of these items. The majority of products sold through our website are designed for U.S. vehicle fitment only, and many are restricted based on make and model year; it is the consumer's responsibility to ensure the products being purchased are compatible with the intended vehicle make, model, year, and current performance application. As most aftermarket products are engineered for compatibility with OEM components, the consumer also assumes all responsibility and risk associated with any potential conflicts or problems that may arise from the use of multiple aftermarket products.

 

  1. PRICING. All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through the Website at any time at our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information received from our suppliers, the Company shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders 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 canceled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.

 

  1. ACCESSING THE SERVICES AND ACCOUNT SECURITY.

 

6.1.                To access the Services, you may be asked to provide certain registration details or other information. As a condition of your use of the Services, all information you provide on the Services must be correct, current, and complete. You agree that all information you provide to us, including but not limited to through the use of any interactive feature, is governed by our Privacy Policy. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.

 

6.2.                If you choose, or are provided with, a username, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree to accept responsibility for all activities that occur under your account. You agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.

 

6.3.                We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

 

  1. INTELLECTUAL PROPERTY.

 

7.1.                The Services and all content, features, and functionality thereof , including but not limited to text, images, icons, graphics, artwork, photographs, trademarks, logos, sounds, music, videos, interfaces, computer codes, and domain names, and all other elements of the Services (collectively designated as "Content"), and selection, arrangement, organization, coordination, expression, look and feel, and design of such Content is owned, controlled or licensed by or to Company or a third party, and is protected by United States and international copyright, patent, trade dress, trade secret and trademark laws, and various other intellectual property rights and unfair competition laws. All intellectual property associated with such Content, and the rights to said property and Content, belong to and shall remain the sole property of Company and its licensors, and may not be used unless as otherwise expressly authorized by Company. You may not modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means, in whole or in part, the Content without the Company’s prior written permission. You may not republish the Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Company reserves all rights to the Content not granted expressly in these Terms.

 

7.2.                All trademarks, logos, trade dress and service marks displayed in connection with the Services are trademarks of the Company or third parties and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

 

  1. COPYRIGHT INFRINGEMENT. We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the deletion in appropriate circumstances of content that infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: TrailRecon, 7976 Rubicon Trail Pl NW Silverdale, WA 98383, Attn: Copyright Agent. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

 

  1. PROHIBITED USES. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

 

9.1.                Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to or from the US or other countries).