Terms and Conditions of Use
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Agreement between User and https://www.indypowerproducts.com/
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Welcome to https://www.indypowerproducts.com/. The https://www.indypowerproducts.com/ website (the "Site") is comprised of various web pages operated by Indy Power Products. https://www.indypowerproducts.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.indypowerproducts.com/ constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
https://www.indypowerproducts.com/ is an E-Commerce Site.
Indy Power Products offers products and design services for the automotive aftermarket. We sell aftermarket automotive components and accessories to experienced vehicle builders.
Privacy
Your use of https://www.indypowerproducts.com/ is subject to Indy Power Products' Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://www.indypowerproducts.com/ or sending emails to Indy Power Products constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Indy Power Products is not responsible for third party access to your account that results from theft or misappropriation of your account. Indy Power Products and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Indy Power Products does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.indypowerproducts.com/ only with permission of a parent or guardian.
Cancellation/Refund Policy
Indy Power Products will always do our best to ensure our customers are satisfied. We assume customers have researched their product needs prior to placing an order, understand the use and installation of the product ordered, and take full responsibility to install products properly; as such, we consider all orders placed to be final. Should an adjustment or exchange to your order be required, please contact us, prior to installation, at 317-288-9084 or email at Nryder@NJREnterprises.com. Each scenario will be addressed individually. If an order cancellation is required, please contact us prior to shipping your order. Thank you.
Purchase and Installation Disclaimer
Please be aware, as the consumer you assume all risk and responsibility arising from your choice to purchase Indy Power Products components and your choice to incorporate these products into your vehicle build. Indy Power Products assumes the purchaser of the product/s has the expertise to choose correct components and to ensure the components are properly installed. We do not accept responsibility for improper installation, or part failure associated with the purchase and/or installation of Indy Power Products' components.
Links to Third Party Sites/Third Party Services
https://www.indypowerproducts.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Indy Power Products and Indy Power Products is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Indy Power Products is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Indy Power Products of the site or any association with its operators.
Certain services made available via https://www.indypowerproducts.com/ may be delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.indypowerproducts.com/ domain, you hereby acknowledge and consent that Indy Power Products may share such information and data with any third party with whom Indy Power Products has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.indypowerproducts.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.indypowerproducts.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Indy Power Products that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Indy Power Products or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, create derivative works, claim products or designs as your own, or in any way exploit any of the content, in whole or in part, found on the Site. The use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Indy Power Products and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Indy Power Products or our licensors except as expressly authorized by these Terms
International Users
The Service is controlled, operated and administered by Indy Power Products from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Indy Power Products Content accessed through https://www.indypowerproducts.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Indy Power Products, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Indy Power Products reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Indy Power Products in asserting any available defenses.
Liability Disclaimer
INFORMATION HEREIN. INDY POWER PRODUCTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. INDY POWER PRODUCTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. INDY POWER PRODUCTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDY POWER PRODUCTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INDY POWER PRODUCTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Indy Power Products reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Indy Power Products as a result of this agreement or use of the Site. Indy Power Products’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Indy Power Products' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Indy Power Products with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Indy Power Products with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Indy Power Products with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Indy Power Products reserves the right, in its sole discretion, to change the Terms under which https://www.indypowerproducts.com/ is offered. The most current version of the Terms will supersede all previous versions. Indy Power Products encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Indy Power Products welcomes your questions or comments regarding the Terms:
Indy Power Products
C/O NJR Enterprises, LLC
10720 Sand Key Circle
Indianapolis, Indiana 46256
Email Address: nryder@njrenterprises.com
Telephone number: 317-288-9084
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Effective as of July 08, 2021