TERMS AND CONDITIONS
EFFECTIVE DATE: 02/06/2019
Welcome to ProformancePros.com (hereinafter referred to as “Proformance Pros” or our “Site” or “Website”). By using this website, you accept these Terms and Conditions. This is a legally binding agreement between you and Proformance Pros. Please read these terms and conditions carefully and in their entirety before using this site.
By accessing this site, the User accepts and agrees to all conditions imposed in these Terms and Conditions. Proformance Pros reserves the right to modify these Terms and Conditions at any time without notice to the User, including imposing a fee to access certain materials on this site. Any change in these Terms and Conditions are effective immediately upon the noted effective date. It is the responsibility of the User to check these Terms and Conditions for changes. Notification will not be given to users when these Terms and Conditions are changed. Proformance Pros will always post the effective date at the beginning of these terms. Any use of this site after changes have been made shall be deemed acceptance of changes to these Terms and Conditions. Proformance Pros has exclusive right to control accessibility, hours of use, features on the site, and information accessible or provided on this site. Proformance Pros can restrict access to any or all portions of the site or remove any information or content from the site at any time without notice. User is solely responsible for providing equipment related to accessing the site, including all computer, remote communications equipment, telephone, and/or other equipment.
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. Minors (persons under the age of 18) may not use this site without the consent and involvement of a parent or legal guardian. Proformance Pros reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate your account without notice and without reason.
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 Proformance Pros or its suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Proformance Pros, with copyright authorship for this collection by Proformance Pros, and protected by international copyright laws.
Proformance Pros’ trademarks, registered trademarks, and trade dress (including product names) may not be used in connection with any product or service that is not Proformance Pros’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Proformance Pros.
All other trademarks, registered trademarks, and trade dress (including product names) not owned by Proformance Pros or its subsidiaries 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 Proformance Pros or its subsidiaries.
Proformance Pros 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 Proformance Pros. 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 Proformance Pros. 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 Proformance Pros and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Proformance Pros’ name or trademarks without the express written consent of Proformance Pros. Any unauthorized use terminates the permission or license granted by Proformance Pros. You are granted a limited, revocable, and nonexclusive right to create a text-only hyperlink to the home page of Proformance Pros so long as the link does not portray Proformance Pros, its employees, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Proformance Pros’ logo or other proprietary graphic or trademark as part of the link without express written permission.
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, 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 card or other content. Proformance Pros 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 Proformance Pros and its associates 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 Proformance Pros and its associates 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 Proformance Pros or its associates for all claims resulting from content you supply. Proformance Pros has the right but not the obligation to monitor and edit or remove any activity or content. Proformance Pros takes no responsibility and assumes no liability for any content posted by you or any third party.
Proformance Pros respects and honors the intellectual property rights of others and asks the same of Users of the site. Proformance Pros may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Proformance Pros with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Proformance Pros to identify the material;
- Information that is reasonably sufficient to permit Proformance Pros to contact the complaining party, such as address, telephone number and, if available, E-mail address;
- A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Despite our best efforts, any number of products or shipping and handling charges may be mispriced. If we discover this, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
OUT OF STOCK ITEMS
Occasionally, Proformance Pros may be temporarily out of stock on a certain Item or an item becomes discontinued. In that case we will either contact you to discuss potential back orders, time to availability, or offer substitute item(s) or cancel your order and notify you of such cancellation.
RISK OF LOSS
All items purchased from Proformance Pros are made pursuant to shipping terms FOB Shipping Point. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All items purchased through Proformance Pros' website after 2 pm central time may not be processed until the following business day. Please keep this in mind when selecting your shipping method.
Proformance Pros and its associates attempt to be as accurate as possible. However, Proformance Pros 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 Proformance Pros itself is not as described, your sole remedy is to return it in unused condition.
Proformance Pros extends no warranty of any kind (see full disclaimer in subsequent section), either express or implied, on any product it sells or manufactures due to the intended use of such products and the inability to validate causes of failure. If you have a product fail, you may attempt to contact the manufacturer (other than Proformance Pros) to substantiate a claim but Proformance Pros will not assist or be involved in any way with any such claims.
Although Proformance Pros has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER PROFORMANCE PROS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF PROFORMANCE PROS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. PROFORMANCE PROS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL PROFORMANCE PROS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL PROFORMANCE PROS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
PROFORMANCE PROS GRANTS NO WARRANTIES FOR SOLD OR MANUFACTURED PRODUCTS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE AND PROFORMANCE PROS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF QUALITY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
PROFORMANCE PROS IS NOT LIABLE FOR ANY DAMAGES THAT OCCUR FROM THE IMPROPER INSTALLATION OF ANY PARTS OR TIRES, OR ANY DAMAGES THAT OCCUR ON THE INSTALLERS PROPERTY. ANY CLAIMS RESULTING FROM INSTALLATION ARE THE SOLE LIABILITY OF THE INSTALLER, WHETHER REPUTABLE INSTALLER OR SELF-INSTALLER, AND PROFORMANCE PROS IS NOT LIABLE FOR ANY DAMAGES DUE TO THE INSTALLER OR ITS EMPLOYEES.
By visiting Proformance Pros, you agree that the laws of the state of Michigan, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Proformance Pros or its associates.
Proformance Pros may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Proformance Pros’ rights or property, or the rights or property of visitors to or users of the site, including Proformance Pros customers. Proformance Pros always reserves the right to disclose any information that Proformance Pros deems necessary to comply with any applicable law, regulation, legal process or governmental request. Proformance Pros also may disclose your information when Proformance Pros determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Proformance Pros may preserve any transmittal or communication by you with Proformance Pros through the site or any service offered on or through the site, and may also disclose such data if required to do so by law, or Proformance Pros determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of Proformance Pros, its employees, users of or visitors to the site, and the public.
You agree that Proformance Pros may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Proformance Pros, for which monetary damages would be inadequate, and you consent to Proformance Pros obtaining any injunctive or equitable relief that Proformance Pros deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Proformance Pros may have at law or in equity.
You agree that Proformance Pros may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems. If Proformance Pros does take any legal action against you as a result of your violation of these Terms and Conditions, Proformance Pros will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Proformance Pros. You agree that Proformance Pros will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms and Conditions.
Either Proformance Pros or User may terminate this Agreement at its discretion. In addition to Proformance Pros’ other rights, Proformance Pros may terminate access to this site or cancel membership to any service that Proformance Pros provides on the site, if User breaches this Agreement in any way or engages in conduct that Proformance Pros deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and all other applicable provisions of this document shall survive.
Any dispute relating in any way to your visit to Proformance Pros or to products you purchase through Proformance Pros shall be submitted to confidential arbitration in the state of Michigan, United States of America, except that, to the extent you have in any manner violated or threatened to violate Proformance Pros’ intellectual property rights, Proformance Pros may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, United States of America, 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 arbitrators 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.