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Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Filthy Motorsports, LLC is referred to below as “FM.” The user of this website or a person who places an order for a product is referred to below as “Customer.” A product purchased from FM is referred to below as the “Product.”



Orders

By ordering a product via this website, e-mail, fax, phone, in person, or by any other means, Customer agrees to the following terms and conditions as well as all other applicable terms and conditions relating to the product that may be listed elsewhere on this website:

• All orders are subject to the Product manufacturers' own terms, conditions, policies, and warranty, if any. All warranty and other claims relating to the Product must be directed to the manufacturer. FM DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE PRODUCT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT.

• Unless specifically indicated otherwise in writing, the Product is for off-road use only and should not be installed on any vehicle intended for use on public roads and highways.

• FM recommends that the Product be installed by a qualified professional. FM is not responsible for any injury and/or damages that may occur during installation or that may be caused by incorrectly installed Products or Product failure.

• Vehicle must be properly supported during installation of the Product, and the installer(s) should wear proper safety equipment and read and follow all instructions provided with the Product and any tools used.

• Installation of a suspension Product may cause the vehicle to handle differently. The Product may increase the vehicle’s susceptibility to a rollover, on road and off road, at all speeds, which could result in serious injury or death. Extreme care should be taken to operate the vehicle safely at all times to prevent rollover or loss of control.

• FM does not guarantee a specific delivery date on any order unless otherwise agreed in writing. If Customer requires a specific delivery date, Customer must contact FM before placing the order to determine whether FM will agree to guarantee delivery. In no event will FM be liable for any inconvenience or damages suffered by Customer as a result of a delay in delivery, even if guaranteed. Customer’s sole remedy in the even of a delay in delivery shall be to cancel the order and obtain a refund.

• FM is not obligated to collect sales or use tax outside of Colorado. However, the Product may be subject to a use tax in the state where the Product is delivered or used. Customer is solely responsible for any such use tax.

• If using a credit card or debit card directly, the charge will appear on Customer’s statement as:
"Filthy Motorsports LLC 3038347895 Boulder CO."

• If using a credit card or debit card through PayPal, the charge will appear on Customer’s statement as:
"PAYPAL / FILTHY MOTOR" or "PAYPAL *FILTHY MOTOR"

• Customer is responsible for any and all fees associated with payments and/or refunds made via wire transfer, cashier's check, Western Union or the like.

• Product images may not accurately represent the item(s) being purchased. It is Customer’s responsibility to confirm that the Product description and part numbers match the item Customer intends to purchase.

• It is Customer’s responsibility to verify the accuracy of an order. Customer must notify FM immediately, if any changes need to be made. Customer agrees to bear any cost or loss associated with an incorrect order.

• The Product will be shipped FOB (free on board) from FM’s shop, warehouse, or external vendor, unless otherwise agreed in writing. This means that the risk of loss to the Product passes to Customer when the Product is placed onto the delivery vehicle.

• Orders and/or items within an order may be canceled without charge before they have been packaged and scheduled for pick-up by the carrier. Cancellations after that will be subject to our return policy.

• The Product may be repackaged by FM to help prevent damage during shipment, unless Customer directs otherwise when the order is placed.

• Customer must inspect the Product immediately upon delivery for damage, accuracy, and missing items and contact FM within 48 hours of delivery with any discrepancies. This is especially important if Customer plans to take the Product to another country as most Products are only covered by the manufacturer’s warranty while in the U.S. In the event that an incorrect Product is shipped by mistake, FM will exchange the Product only to and from the shipping address provided on the original order.

• If a package or other shipping container appears to have been damaged in any way during shipping or delivery, Customer must inspect the Product prior to signing the delivery receipt. Customer’s signature on the carrier's delivery receipt indicates that Customer has received the Product in good condition. If a package or other shipping container is delivered without requiring a signature and appears to have been damaged, Customer must report it to the delivering carrier immediately. Customer should retain the entire outer shipping container, carton, and any packing materials in which a damaged Product was packed.

• If the delivered Product is damaged, defective, incorrect, or missing, Customer must contact FM within 48 hours of delivery so that a resolution can be discussed. Failure to report damaged, incorrect, or missing items within this time frame conclusively indicates Customer’s acceptance of the Product as delivered.

• Some Products have more than one part number, newer and older versions, and/or slight changes or variations depending on the exact date or location of manufacture. FM ships all Products as they are received from the manufacturer without inspecting such details and does not review and cannot guarantee such details prior to shipment.

• FM is not responsible for any loss or inconveniences (including vehicle down time, storage fees, or additional parts and labor) caused by the shipment of incorrect, damaged, or defective Products but will endeavor in good faith to resolve such problems quickly and in accordance with FM’s return policy and/or the manufacturer's warranty policy.

• Orders that are cancelled after a significant amount of consultation with FM staff, will be subject to a 15% cancellation fee.

• Refusing delivery does not waive FM’s return policy unless you are specifically instructed to do so by FM in writing. If Customer refuses delivery of a Product for any reason, Customer shall be responsible for original and return freight charges and applicable restock fees.

• Products that have been installed or used are non-returnable.

• All returns are subject to our return policy.

Custom and special order Products (including, but not limited to, custom valved and/or custom built shocks) are not returnable, and orders placed for such items cannot be canceled once the order has been processed. Custom and special order items typically take longer to ship and cannot be guaranteed to be delivered by any specific date. Unless otherwise noted or agreed upon in writing, if Customer’s custom or special order item has not shipped within 120 days of order placement, Customer will be given the option to cancel the order or continue to wait.

• All shock orders are considered special order items because they are custom valved for each application. In cases where the valving matches what FM and/or King Shocks may consider standard valving, the shocks are still treated as custom orders because that valving was selected specifically for the given application by FM.

• Any drop-ship or custom order for which payment is disputed, delayed, or withheld by Customer, will be shipped to FM until the payment issue is resolved. Customer is responsible for any resulting additional shipping costs.

• Scratch and dent, open box, garage sale, and clearance Products are sold AS-IS and are not returnable.

• Shipping methods selected during checkout may be substituted by a similar shipping method at FM's sole discretion.

• Some Products may impair the deployment or operation of supplemental restraining systems/air bag systems and should not be installed if the vehicle is so equipped.

• If any remedy provided above shall fail of its essential purpose, FM’s liability with respect to any Product shall in no event exceed the purchase price of the Product. In no event shall FM be liable for any special, incidental, consequential or similar damages, even if FM has been advised of the possibility of such damages.

• FM reserves the right to cancel and refund any order for any reason.

• In the event that a Product is mistakenly listed at an incorrect price, FM reserves the right to refuse or cancel any order placed for such Product. FM reserves the right to refuse or cancel any such order whether or not the order has been confirmed and Customer’s credit card charged. If Customer’s credit card has already been charged for the purchase and the order is cancelled, FM shall issue a credit to Customer’s credit card account in the amount of the incorrect price.

• FM may use emails, photos, videos, social media posts, reviews, and other files sent to or shared with FM for marketing and advertising purposes.



Copyright

The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of FM. The collective work includes works that are licensed to FM. Copyright 2010, Filthy Motorsports, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with FM or purchasing a Product. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with FM or to purchase a Product. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited and enforced, unless authorized in writing by FM. Customer further agrees not to change or delete any proprietary notices from materials downloaded from this website.



Trademarks

Filthy Motorsports, Filthy Off-Road, Filthy 4x4, Filthy Racing, Filthy Performance, Filthy Fabrication, and Filthy Engineering are Trademarks of Filthy Motorsports, LLC. Filthy Motorsports is a Registered Trademark in the United States (4278690) and Internationally in New Zealand, Australia, and Russia (1243036).



Website Disclaimer

This website is provided "as is" and without warranties of any kind, whether express or implied. FM does not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. FM does not make any warrantees or representations regarding the contents of this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. FM shall not be liable for any special, incidental, consequential or similar damages that may result from the use of, or the inability to use, the contents of this website, even if FM has been advised of the possibility of such damages.



Applicability

These terms and conditions are applicable upon Customer’s accessing this website and/or completing the registration or purchasing process.



Notice

FM may deliver notice to Customer by means of e-mail or by other reliable method to the address Customer has provided to FM.



Entire Agreement

These terms and conditions, together with Customer’s order, constitute the entire agreement between FM and Customer relating to such order and supersede any previous discussions, negotiations, representations or agreements relating to such order. Customer agrees that in purchasing the Product, Customer is not relying on any representation, promise or agreement that is not set forth in these terms and conditions or Customer’s order.



Miscellaneous

Customer’s use of this site shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Customer agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of a Product) shall be in the state courts located in Boulder County, Colorado. Any cause of action or claim Customer may have with respect to this website (including but not limited to the purchase of a Product) must be commenced within one (1) year after the claim or cause of action arises. FM’s failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. FM may assign its rights and duties under this Agreement to any party at any time without notice to Customer.



Use of Website

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a FM or other employee, host, or representative, as well as other members or visitors on this website is prohibited. Customer may not upload to, distribute, or otherwise publish through this website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Customer may not upload commercial content on this website or use the website to solicit others to join or become members of any other commercial online service or other organization.



Participation Disclaimer

FM does not and cannot review all communications and materials posted to or created by users accessing this website, and is not in any manner responsible for the content of these communications and materials. Customer acknowledges that by providing Customer with the ability to view and distribute user-generated content on this website, FM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, FM reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to FM in its sole discretion.



Indemnification

Customer agrees to indemnify, defend, and hold harmless FM, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by Customer of these terms and conditions or any activity related to Customer’s account (including negligent or wrongful conduct) by Customer or any other person accessing the site using Customer’s internet account.



Third-Party Links

In an attempt to provide increased value to Customers, FM may link to websites operated by third parties. However, even if the third party is affiliated with FM, FM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FM. These linked sites are only for Customer’s convenience and therefore Customer accesses them at its own risk. Nonetheless, FM seeks to protect the integrity of this website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).