Mad Subie Performance Terms of Service
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site 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.
Copyright:
The entire content included in this site, 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 Mad Subie Performance LLC. The collective work includes works that are licensed to Mad Subie Performance LLC. Copyright 2018, Mad Subie Performance 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 Mad Subie Performance LLC or purchasing Mad Subie Performance LLC products. 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 Mad Subie Performance LLC or to purchase/sell Mad Subie Performance LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Mad Subie Performance LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Liability:
We cannot be held liable for any damages resulting from vandalism, acts of god, or any other circumstance including floods and fires. We are not liable for damages incurring from the malfunction of installed parts. The customer is responsible for any damages resulting from excessive horsepower. Any forced induction installations/tunes are not for use on a public highway or road, nor to be utilized for prolonged high speed driving. Engine tuning carries no warranties, and damage resulting from such is the sole responsibility of the vehicle owner. While we will do our best to ensure optimal operation when tuning, the demands on the vehicle and engine are often outside of what the manufacturer intended and we will not be held liable should failure occur. We do our best to make sure this does not happen, but we cannot guarantee engine performance when taken outside of its intended operational envelope.
Emissions/Racing:
Many modifications are considered for “off road use only” and are not for use on any pollution controlled vehicle on a public road. It is up to the customer to assure legality in their state or municipality. Any emissions altering modifications installed by Mad Subie Performance LLC are for racetrack use only. Due to the harsh nature of the race track, we cannot guarantee any part subjected to racing use. Unless otherwise specified, only CARB certified parts may be used on public highways in the US. We are not liable for their misuse, nor do we provide guidance on overseas installations.
Parts:
Many parts provided by Mad Subie Performance LLC have a manufacturer warranty and it is up to the customer to obtain proper service or repair by getting an RMA number/proper authorization. We will assist with this process when possible on parts purchased from us. We can install customer supplied parts on a limited basis, however, they are not guaranteed by Mad Subie Performance LLC, nor is their performance. Any labor performed on incorrect or damaged parts supplied by the customer, is to be paid by the customer.
Manufacturer Warranty on New Vehicles:
Customer understands that the manufacturer is responsible for warranty implementation, and that any aftermarket installations might void it (at the discretion of the dealership). It is solely up to the customer to check with their dealer or manufacturer.
Returns:
We accept returns on a limited basis on unopened in-stock products, 20% restocking fee applies. Special order, group buys, and discount items are NON RETURNABLE. Tires and wheels are NON RETURNABLE. Tunes bought as "tune only" products are NON RETURNABLE. In rare cases we may refund a tune purchase if we cannot deliver the tune in an adequate manner, as deemed by Mad Subie Performance LLC. No other exceptions will be made as a tune can never be "returned."
Trademarks
All trademarks, service marks and trade names of Mad Subie Performance LLC used in the site are trademarks or registered trademarks of Mad Subie Performance LLC.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Mad Subie Performance LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mad Subie Performance LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Mad Subie Performance LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Mad Subie Performance LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Mad Subie Performance LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Mad Subie Performance LLC product is mistakenly listed at an incorrect price, Mad Subie Performance LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Mad Subie Performance LLC reserves 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 cancelled, Mad Subie Performance LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Mad Subie Performance LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Mad Subie Performance LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Mad Subie Performance LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Texas, 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. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Mad Subie Performance LLC products) shall be in the state or federal courts located in Travis County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Mad Subie Performance LLC products) must be commenced within one (1) year after the claim or cause of action arises. Mad Subie Performance LLC'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. Mad Subie Performance LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
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 Mad Subie Performance LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site 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. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Mad Subie Performance LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Mad Subie Performance LLC 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 site. However, Mad Subie Performance LLC 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 Mad Subie Performance LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Mad Subie Performance LLC, 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 of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Mad Subie Performance LLC may link to sites operated by third parties. However, even if the third party is affiliated with Mad Subie Performance LLC, Mad Subie Performance LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Mad Subie Performance LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Mad Subie Performance LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Mad Subie Performance Privacy Policy
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.madsubieperformance.com (the “Site”).
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers & Any other payment types accepted), email address, and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).
Additionally, we use this Order Information to: Communicate with you; Screen our orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIORAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
If you would prefer that we not collect information through Google Analytics or if you do not want to receive customized Google Display Network advertisements, you should visit the “Ads Preferences Manager” on Google to manage your preferences accordingly or review and if you so choose, download the Google Analytics Opt-out Browser Add-on.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at sales@madsubieperformance.com.