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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 wheelwaresoftware.com. The collective work includes works that are licensed to wheelwaresoftware.com. Copyright 2009, wheelwaresoftware.com ALL RIGHTS RESERVED. Permission is granted to electronically download portions of this site for the sole purpose of placing an order with wheelwaresoftware.com or purchasing wheelwaresoftware.com products. You may not display material, download or print portions of the material from the different areas of the site solely for your own non-commercial or commercial use. 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 wheelwaresoftware.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of wheelwaresoftware.com used in the site are trademarks or registered trademarks of wheelwaresoftware.com
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, wheelwaresoftware.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. wheelwaresoftware.com 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. wheelwaresoftware.com 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
wheelwaresoftware.com 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 wheelwaresoftware.com 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 wheelwaresoftware.com product is mistakenly listed at an incorrect price, wheelwaresoftware.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. wheelwaresoftware.com 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, wheelwaresoftware.com 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 wheelwaresoftware.com 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
wheelwaresoftware.com 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 wheelwaresoftware.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Louisiana, 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 wheelwaresoftware.com products) shall be in the state or federal courts located in New Orleans Parish, Louisiana. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of wheelwaresoftware.com products) must be commenced within one (1) year after the claim or cause of action arises. wheelwaresoftware.com'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. wheelwaresoftware.com 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 wheelwaresoftware.com 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
wheelwaresoftware.com 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, wheelwaresoftware.com 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, wheelwaresoftware.com 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 wheelwaresoftware.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless wheelwaresoftware.com, 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, wheelwaresoftware.com may link to sites operated by third parties. However, even if the third party is affiliated with wheelwaresoftware.com, wheelwaresoftware.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of wheelwaresoftware.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, wheelwaresoftware.com 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).
Shipping Policy
Important - Please Read
EXCHANGES AND RETURNS
An exchange or return is possible provided the terms and conditions listed below are met. Please note, not all items are returnable.
RETURN AT CUSTOMER DISCRETION
CD Software Packages, DVD Software Packages, Wheels, Tires and Accessories may be returned. All returns require a Return Merchandise Authorization (RMA). Returns without an RMA will incur a 35% restock fee. An RMA must be requested within 7 days of the original invoice date for non-defective product. Thereafter, all sales are final. All items must be returned in "as new" condition in the original packaging and have all accessories. Returns will be charged 20% restock fee unless a replacement order of equal or greater value is placed at the time of the RMA. The restock fee is not a penalty. It is a costly process to prepare for resale and restock products. Shipping charges are non-refundable. When returning product, use a carrier that has tracking capabilities. The customer assumes responsibility for insuring the return shipment and filing the claim for lost or damaged returns.
SPECIAL ORDER AND NON-STOCK ITEMS
A 30% non-refundable deposit is required on all special order merchandise. Returns or order cancellations on special order items are non-refundable.
DAMAGE IN SHIPPING
The customer is responsible for inspecting the order for damages or missing items and reporting it within 24 hours. Reports after that time will not be honored. Product damaged during shipment will be processed by the delivery company. The product must be kept in its original shipping packaging for ten business days or until the delivery company insurance adjuster makes inspection.
DEFECTIVE PRODUCT
Products are sold with their respective manufacturer's warranty. Warranty periods and services vary by manufacturer and product. Road Hazard insurance is available for tire purchases.
SHIPPING AND WEBSITE ERRORS
Should the customer receive product not expressly ordered either by our shipping error or incorrect website information, the product will be picked up by our shipper and replacements shipped at no additional charge.
DELIVERY
Stocking orders will be shipped ground freight in 1-2 business days.
Special orders will be shipped ground freight in 2-7 business days.
In the case of a back order, we will notify you by phone or email within 1-2 business days. Please contact an account representative if you need your product delivery expedited or if you have any additional questions.
Privacy Policy
What information do we collect?
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We collect information from you when you register on the site, place an order, respond to an e-mail, or participate in another site feature.
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When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information for the use of ordering our product.
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We also collect information about gift certificates so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use "cookies"?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except as described below. The term "outside parties" does not include wheelwaresoftware.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
Changes to our policy
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on May 1, 2009.
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our
Terms and Conditions
section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Your consent
By using our site, you consent to our privacy policy.
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