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CONDITIONS OF USE




Welcome to COLORADOSPEED.com. COLORADOSPEED LLC and its affiliates provide their services to you subject to the following conditions. If you visit or shop at COLORADOSPEED.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future COLORADOSPEED LLC service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY
Please review our PRIVACY NOTICE, which also governs your visit to COLORADOSPEED.com, to understand our practices.

ELECTRONIC COMMUNCATIONS
When you visit COLORADOSPEED.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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 on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of COLORADOSPEED LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of COLORADOSPEED LLC and protected by U.S. and international copyright laws. All software used on this site is the property of COLORADOSPEED LLC or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
COLORADOSPEED LLC and other COLORADOSPEED LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COLORADOSPEED LLC in the U.S. and/or other countries. COLORADOSPEED LLC's trademarks and trade dress may not be used in connection with any product or service that is not COLORADOSPEED LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits COLORADOSPEED LLC. All other trademarks not owned by COLORADOSPEED LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by COLORADOSPEED LLC.

LICENSE AND SITE ACCESS
COLORADOSPEED LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it, except with express written consent of COLORADOSPEED LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of COLORADOSPEED 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 COLORADOSPEED LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing COLORADOSPEED LLC's name or trademarks without the express written consent of COLORADOSPEED LLC. Any unauthorized use terminates the permission or license granted by COLORADOSPEED LLC. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of COLORADOSPEED LLC so long as the link does not portray COLORADOSPEED LLC, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any COLORADOSPEED LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. COLORADOSPEED LLC does sell products for children but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use COLORADOSPEED LLC only with involvement of a parent or guardian. COLORADOSPEED LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; 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 or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning or commercial solicitation. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of content. COLORADOSPEED LLC reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

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

COPYRIGHT COMPLAINTS
COLORADOSPEED LLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

RISK OF LOSS
All items purchased from COLORADOSPEED LLC 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.

PRODUCT DESCRIPTIONS
COLORADOSPEED LLC and its affiliates attempt to be as accurate as possible. However, COLORADOSPEED LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product offered by COLORADOSPEED LLC itself is not as described, your sole remedy is to return it in unused condition.

PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by COLORADOSPEED LLC, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
  • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item's correct price 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.
Please note that this policy applies only to products sold and shipped by COLORADOSPEED LLC.

NOTE: Due to the current cost of order processing, COLORADOSPEED LLC has instituted a $25 minimum order requirement.

CREDIT CARD AND PAYPAL FRAUD POLICY
COLORADOSPEED LLC takes credit card and PayPal fraud seriously. It is a crime to purchase products using a false or stolen credit card, or false or stolen credit card numbers. Further, it is a crime to misuse the charge back process to obtain a refund for goods that you obtained fraudulently. Whether you are the victim, or the perpetrator of fraud, be assured that COLORADOSPEED LLC will actively pursue and prosecute fraud offenders to the fullest extent of the law. We submit all fraudulent orders, as well as the IP address used to perpetrate the fraud, to the United States Federal Bureau of Investigation (FBI), the United States Postal Inspection Service and the International Criminal Police Organization (INTERPOL) for prosecution to the fullest extent of the law. In addition, we will work with cardholders, credit card companies, and local authorities to pursue fraud offenders.

COLORADOSPEED LLC also uses a nationwide collection agency that collects delinquent accounts using their vast network of law firms and and collection agencies. Deadbeats will be reported to a collection agency for non-payment and/or fraudulent charge backs. A 30% additional charge is implemented in addition to the total value of the charge back in question. Before committing or even thinking about fraud read this and see what having a delinquent account can do for your credit report history.

OTHER BUSINESSES
Parties other than COLORADOSPEED LLC and its subsidiaries operate stores, provide services or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. 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 websites. COLORADOSPEED LLC 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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY COLORADOSPEED LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLORADOSPEED LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLORADOSPEED LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLORADOSPEED LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COLORADOSPEED LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLORADO SPEED, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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 MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting COLORADOSPEED.com, you agree that the laws of the state of Colorado, 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 COLORADOSPEED LLC or its affiliates.

DISPUTES
Any dispute relating in any way to your visit to COLORADOSPEED LLC or to products you purchase through COLORADOSPEED LLC shall be submitted to confidential arbitration in Parker, Colorado, except that, to the extent you have in any manner violated or threatened to violate COLORADOSPEED LLC's intellectual property rights, COLORADOSPEED LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies. These policies also govern your visit to COLORADOSPEED LLC. We reserve the right to make changes to our site, policies 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.




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