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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 Prime Motoring. The collective work includes works that are licensed to Prime Motoring. Copyright 2017, Prime Motoring 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 Prime Motoring or purchasing Prime Motoring 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 Prime Motoring or to purchase/sell Prime Motoring 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 Prime Motoring. 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 Prime Motoring 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 Prime Motoring 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 Prime Motoring, 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 Prime Motoring. No other exceptions will be made as a tune can never be "returned."

Trademarks
All trademarks, service marks and trade names of Prime Motoring used in the site are trademarks or registered trademarks of Prime Motoring.

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, Prime Motoring disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Prime Motoring 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. Prime Motoring 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
Prime Motoring 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 Prime Motoring 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 Prime Motoring product is mistakenly listed at an incorrect price, Prime Motoring reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Prime Motoring 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, Prime Motoring 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 Prime Motoring 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
Prime Motoring 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 Prime Motoring.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New Jersey, 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 Prime Motoring products) shall be in the state or federal courts located in Bergen County, New Jersey. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Prime Motoring products) must be commenced within one (1) year after the claim or cause of action arises. Prime Motoring'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. Prime Motoring 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 Prime Motoring 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
Prime Motoring 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, Prime Motoring 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, Prime Motoring 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 Prime Motoring in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Prime Motoring, 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, Prime Motoring may link to sites operated by third parties. However, even if the third party is affiliated with Prime Motoring, Prime Motoring has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Prime Motoring. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Prime Motoring 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).