BDX Performance Terms of Service and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright law.
When you use any BDX Performance Service, 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 or through the other BDX Performance Services. 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.
If you use any BDX Performance Service, 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. BDX Performance does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BDX Performance Services only with involvement of a parent or guardian.
Reviews, Comments, Advice, E-Mail, Communications, and Other Content
BDX Performance makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on this web site, nor information offered via phone or any other communication methods, for any purpose. All such information is provided "as is" and without specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. BDX Performance makes no warranties or representations of any kind that the services provided by BDX Performance will be uninterrupted or error-free. In no event shall BDX Performance, its employees or agents be liable for any direct, indirect or consequential damages resulting from the use of information or any other service, or any other information or advice provided by BDX Performance. This exclusion and limitation only applies to the extent permitted by law.
Visitors may post reviews, comments, photos, 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, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a post or other content. BDX Performance 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 BDX Performance a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 BDX Performance and sublicensees 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 BDX Performance for all claims resulting from content you supply. BDX Performance has the right but not the obligation to monitor and edit or remove any activity or content. BDX Performance takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright and Trademark Complaints
BDX Performance respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement, please contact us.
384 Union Mill Road
South Hill, VA 23970
Return, Refunds, and Title
BDX Performance does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, BDX Performance does not take title to the refunded item. For more information about our returns and refunds, please see our Return policy
Limitations of Liability
By purchasing, you agree that BDX Performance shall not be held responsible under any circumstances for damage caused by parts sold and/or gifted by BDX Performance. You accept complete responsibility to provide expert installation service at your location, including the responsibility to identify a defective part before it may cause any damage. In the event of a defective part sold by BDX Performance, the final amount of a refund or credit shall be limited to the sale price of the part in question.
With respect to items sold by BDX Performance, we cannot confirm or hold 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 the correct price of an item sold by BDX Performance 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.
Content Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) provided by BDX Performance for personal use, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose unless explicitly authorized by BDX Performance, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on BDXPerformance.com;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BDX Performance at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
BDX Performance is an Internet-based medium. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access BDXPerformance.com. If you have a question about whether an access number you are using to access the Internet is a long distance or toll call from your location, you should contact your local telephone company. BDXPerformance.com is not responsible for any access charges you may incur in accessing the Internet to visit or use our Site. Our Site is usually available at all times, 24 hours a day, 7 days a week, but BDXPerformance.com reserves the right to make the Site unavailable from time to time for any reason, including scheduled and unscheduled maintenance. BDXPerformance.com is not liable for any damages arising from any interruption, suspension or termination of the Site, or from your inability to access the Site.
Site Policies, Modification, and Severability
BDX Performance reserves the right to make changes to our site, policies, and these Terms of Service and 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.
Any dispute or claim relating in any way to your use of any BDX Performance Service, or to any products or services sold or distributed by BDX Performance or through BDXPerformance.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us.
384 Union Mill Road
South Hill, VA 23970
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
a. THE BDX Performance SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE OR PROGRAMMED RESPONSES) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BDX PERFORMANCE SERVICES ARE PROVIDED BY BDX PERFORMANCE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BDX PERFORMANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BDX Performance SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE OR PROGRAMMED RESPONSES) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BDX PERFORMANCE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BDX PERFORMANCE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BDX Performance DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BDX PERFORMANCE DOES NOT WARRANT THAT THE BDX PERFORMANCE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BDX PERFORMANCE SERVICES, BDX Performance’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BDX PERFORMANCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BDX PERFORMANCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BDX PERFORMANCE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE OR PROGRAMMED RESPONSES) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BDX PERFORMANCE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Information, Product Descriptions, Revisions and Errata
BDX Performance attempts to be as accurate as possible. However, BDX Performance does not warrant that product descriptions, or service descriptions, or any other content on the website of any BDX Performance, is accurate, complete, reliable, current, or error-free. If a product offered by BDX Performance itself is not as described, your sole remedy is to return it in unused condition, upon approval at the sole discretion of BDX Performance.
BDX Performance may make changes to the information or materials contained on its web site at any time without notice. BDX Performance does not, however, make any commitment to update the materials.
Risk of Loss
All items purchased from BDX Performance 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.
BDX Performance has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BDX Performance of the site. Use of any such linked web site is at the user's own risk.
By using any BDX Performance Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and BDX Performance.
Additional BDX Performance Software Terms
1. Use of the BDX Performance Software. You may use BDX Performance Software solely for purposes of enabling you to use and enjoy the BDX Performance Services as provided by BDX Performance , and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the BDX Performance Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BDX Performance Software or otherwise assign any rights to the BDX Performance Software in whole or in part. You may not use the BDX Performance Software for any illegal purpose. We may cease providing any BDX Performance Software and we may terminate your right to use any BDX Performance Software at any time. Your rights to use the BDX Performance Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Terms of Service. Additional third party terms contained within or distributed with certain BDX Performance Software that are specifically identified in related documentation may apply to that BDX Performance Software (or software incorporated with the BDX Performance Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any BDX Performance Service is the property of BDX Performance or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering.You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the BDX Performance Software, whether in whole or in part, or create any derivative works from or of the BDX Performance Software.
4. Updates.In order to keep the BDX Performance Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the BDX Performance Software. If you are a U.S. Government end user, we are licensing the BDX Performance Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the BDX Performance Software are the same as the rights we grant to all others under these Conditions of Use.