Terms and Conditions
TERMS AND CONDITIONS
Thank you and welcome for visiting www.torquebrakefluid.com
Due to the nature of the Internet and our desires to provide you with an enjoyable and helpful visit, it is important to advise you of the rules that apply to your use of our site and ask that you read them carefully. This document (these “Terms and Conditions”) is a legally binding agreement between you (including the organization that you represent, if any) and the company. When you visit or shop at this website you automatically agree to be bound by these Terms and Conditions.
Internet technologies, and the laws related to them, change frequently, and accordingly, the company reserves the right to modify these Terms and Conditions at any time. We will post a notice of such modify these Terms and Conditions on the home page of this website. Your continued use of this website constitutes your acceptance of such modified Terms and Conditions. Whenever you visit this website, you should review the Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use the website.
If you have any questions, please contact us!
Sales tax applies to all orders shipped within the State of California. Credit cards are accepted through Shopify or PayPal. Money orders and cashier's checks are also accepted; all cashier’s checks and money orders must clear before your order will be shipped. Personal Checks are not accepted at this time.
NOTE: We DO NOT accept orders placed outside of the United States. For wanting orders placed outside the United States, please contact us. For orders with payments deemed by Shopify as high-risk fraud with billing addresses outside of the United States, orders will be automatically cancelled and a 30% cancellation and restocking fee will apply. Shopify does not return refund fees for these types of order cancellations and refunds therefore customer is responsible for all charges if these instructions are not followed. To avoid this fee, please contact us prior to placing an order outside of the United States.
All prices do not include shipping charges unless otherwise stated. We use only FedEx or USPS services for shipments in the lower 48 states. If shipping to Alaska or Hawaii, contact us prior to checking out. For our protection and customer/buyer protection, all orders will include insurance with no exceptions. Local pick-up is available, please email to make arrangements.
All orders placed through our website and being shipped to an address in Canada will be automatically shipped by USPS or FedEx Ground. No Exceptions. Please plan ahead when ordering as shipments into Canada will take an estimated 6-10 business days after the date of shipping. This time frame is provided by the United States Postal Service. Torque Brake Fluid is not responsible for any import duties associated with your international order. Buyer is fully responsible for any customs duties and taxes associated with any international order.
All returned items, excluding those which are deemed defective, are subject to a 30% restocking fee. Cancelled orders including those purchased under LOCAL PICK UP but not able to be picked up within 15 days are subject to a 30% order cancellation fee. Local pick up orders not picked up after 30 days are considered abandoned and there will be no refunds for abandoned orders.
Items that have been sold for more than 30 days are not returnable. Return date will be based on date shipped or purchased. The customer will be responsible for returning the item, unopened in its original packaging with all accompanying accessories. Customer is responsible for all shipping charges unless items are deemed defective. Opened items from its original packaging and seals removed are not returnable. Any items that have been used are not returnable and no refunds will be issued. Packages that are returned without an RMA number will not be accepted.
Torque Brake Fluid is a consumable product which warranty does not apply unless the product arrives damaged during transit.
This website may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian.
Any comments, suggestions, feedback, ideas, or submissions (“comments”) sent to the Company shall become and remain our exclusive property. Your Submission of such material shall constitute an assignment to us of all worldwide right, title, and interest in and to the materials including all copyright and other intellectual property rights and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. We may use, copy, publish, modify, disclose, and distribute any Comments you send to us, for any purpose whatsoever, without compensating you in any way. Therefore, we recommend that you do not send us any confidential materials or information or anything that you do not wish to unconditionally assign to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any comments you make. You will take all further acts as we request to effect the intent of this paragraph.
If you make a Comment, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Comments does not constitute or contain software viruses, 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 us as to the origin of any Comments. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Comments or any damages arising from any Submission.
We attempt to be as accurate as possible when describing our products on the website; however, there may be times when certain information contained on this website may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. Please understand that the content of this website is presented on an “as is” basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on this website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
We attempt to describe our products, including their colors, as accurately as possible; however, the appearance of those colors may vary as a result of the quality of your monitor and for other reasons. We cannot guarantee that your monitor’s display of any color will be accurate. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our product descriptions. We do our best to keep product specifications and descriptions as accurate as possible. Specifications are subject to change at any time.
By posting, storing or transmitting any content on or to this website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub licensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
We do not have the ability to control the nature of the content offered through this website posted by third parties. You are solely responsible for your interactions with other users of this website and any content that you post. In particular, please do not request obscene, profane, threatening, or otherwise inappropriate language in gift messages, including any content that could violate any applicable law or regulation. We will not be liable for any damage or harm resulting from any content or your interactions with other users. We reserve the right, but have no obligation, to monitor interactions between you and other users of this website and take any other action to restrict access to, or the availability of, any material that we or another user of this website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these Terms and Conditions).
In your use of this website, you shall not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of this website or any websites linked to it; (iii) interfere with or damage this website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet of IP spoofing, forged routing or electronic mail address information or similar methods or technology, or reverse engineering any technology used to provide this website; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, the Company or create or use a false identity; (v) attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this website; (viii) use any meta tags or any other “hidden text” utilizing our name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the company; (x) engage in any activity that interferes with any third party’s ability to use or enjoy this website; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
Certain third parties provide services on or through this website. We do not warrant the offerings of these third parties. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
LINKS TO OTHER WEBSITES
This website contains hyperlinks to outside services and resources which are not owned, operated, or affiliated with the Company, and which the Company does not control. These hyperlinks take the user outside the websites, or such websites themselves, should be directed to the particular company or resource that owns and /or operates this website in question. We will have no liability for such third-party sites.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
THIS WEBSITE IS PROVIDED “AS-IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD THROUGH IT. BY USING THIS SITE, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEB. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ON BEHALF OF ITSELF, ITS AFFILIATES, AND SUPPLIERS: (1) DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOM, OR TRADE; AND (2) DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, EMAIL, OR ANY OTHER ASPECT THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FULLY ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE CONTENT OF THIS WEBSITE AND ALL PRODUCTS SOLD THEREON.
NEITHER THE COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS, VENDORS, OR SPONSORS, NOT OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY OR CONNECTED TO THE SITE, MATERIALS CONTAINED ON THE SITE, OR PRODUCTS SOLD THROUGH THE SITE.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY, NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIES, ADVERTISERS, AGENTS, VENDORS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES ARISING FROM, RELATING TO, OR CONNECTED WITH THIS WEBSITES, MATERIALS CONTAINED ON THIS WEBSITE, OR PRODUCTS SOLD THROUGH THIS WEBSITE, EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID FOR THE PRODUCTS PURCHASED THROUGH THIS WEBSITE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
STATUTE OF LIMITATIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
We will not be liable for failing to perform by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outrage or interruption of service, a communications outrage, failure by a service provider to perform, fire, acts of terrorism, natural disaster or war.
You agree to defend, indemnify, and hold the Company and its affiliates, and their respective shareholders, directors, officers, employees, agents, distributors, and vendors harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including, without limitation, attorney’ fee, arising from, connected with, or related to: (i) your use of this website; (ii) your alleged breach of these Terms and Conditions; or (iii) any activity related to your account by you or any other person accessing the site using your account.
ARBITRATION OF DISPUTES
Any dispute arising from, relating to, or connected with your visit to this website or any affiliated website must be summited to confidential arbitration in California, except to the extent and manner you have violated or threatened to violate any rights of the Company or its affiliates. The arbitration award shall be binding and can be entered as a judgment in any court of competent jurisdiction. The Company or its affiliates may then seek injunctive or other appropriate relief in any state or Federal Court in the State of California, and you waive any objection to exclusive jurisdiction and venue in such courts.
All notices required by or permitted to be given under these Terms and Conditions will be in writing and delivered to the other party by any of the following method: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to the Company, you must use the address shown on this website. If we provide notice to you, we must use the contact information provided by you during the registration process. All notices will be deemed received as follows: (i) if by hand delivery, on the date of delivery, (ii) if delivery by U.S. Mail, on the date receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that is receives from the other party electronically satisfies any legal requirement that such communications be in writing.
MODIFICATION & TERMINATION
The company may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you, and we will be liable for doing so. If you do not agree with any changes made to this website, you may elect not to use or visit this website.
We reserve the right to immediately terminate your right to use this website at any time and for any reason, with or without notice. Neither the Company nor its affiliates will have any liability for such termination.
If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms and Conditions.
If your account is terminated, the Company may, in its sole discretion, delete any websites, files, graphic or other content or materials relating to your use of this website and we will have no liability to you or any third for doing so. Following termination, you will not be permitted to use this website. If your account or your access to this website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to this website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Services Provider (ISP). Regardless of whether you have the right to access or use this website or the Services, these Terms and Conditions will survive indefinitely unless and until we choose to terminate them.
These Terms and Conditions (including the documents referenced herein) contain the entire understanding between you and us regarding this website, and supersedes all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. These Terms and Conditions and all of your rights and obligations under then will not be assignable or transferable by you without the prior written consent of the Company. The Company may freely assign these Terms and Conditions, in whole or in part. No failure or delay by a party in exercising any right, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. The parties are independent contractors, and no agency, partnership, joint venture, and/or employee-employer relationship is intended or created by these Terms and Conditions will not affect the validity in full force and effect. If any term or provision of this agreement is determined by a court or arbitrator of competent jurisdiction to be invalid or in enforceable in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable and consistent with the manifest intentions of the parties. If such construction or limitation is impossible, the unenforceable provision will be stricken, and the remaining provisions of this agreement will remain valid and enforceable.
***Terms are subject to change without notice.