Terms and Conditions
TERMS AND CONDITIONS
EFFECTIVE APRIL 14, 2017
Welcome to the Trinity Racing website, with a home page located at trinityracing.com (the "Site" or the “Website”).
These Terms and Conditions are a legal agreement entered into by and between you and Trinity Racing (“Website Owner”). “You” means you the individual using the Website, as well as any other person or entity (such as an employer) on whose behalf you are using the Website.
The following terms and conditions, together with the Privacy Policy, disclaimers or terms and conditions that appear elsewhere on the Site, which are incorporated herein by reference, (collectively, the “Terms and Conditions”) govern you access to and use of the Site, including any functionality and services offered on or through the Site and items purchased through the Site, although purchased items may also be subject to additional legal terms which are delivered along with the purchased item.
Please read the Terms and Conditions carefully. You accept and agree to the most-recent version of these Terms and Conditions by either: (i) using the Site, or (ii) clicking a check-box indicating your agreement to these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Site.
This Site is owned and controlled by Website Owner and is operated with the assistance of certain third parties.
Website Owner reserves the right to make changes to the Site and its Terms and Conditions at any time. If you are dissatisfied with the Site, its content or Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the Site.
Disclaimer of Website Warranty and Liability
THIS SITE, ITS CONTENTS AND SITE RELATED SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND WITH ALL FAULTS. WEBSITE OWNER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. NEITHER WEBSITE OWNER NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS ARE LMIITED AS REQUIRED BY APPLICABLE LAW. FOR ITEMS PURCHASED, YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE, THAT IS DEFECTIVE AT THE TIME OF INITIAL DELIVERY, ITEM IS FOR US, AT OUR OPTION, TO REPLACE SUCH ITEM OR TO REFUND TO YOU THE PRICE PAID FOR SUCH ITEM.
Product Warranty and Disclaimer
Limited Warranty. If any written warranty materials are included in the packaging with any item purchased by you, such included written warranty materials are in addition to, and not in lieu of, this limited warranty; however in the event of a conflict the terms of the included written warranty materials will control.
Website Owner offers a limited warranty on its products for a period of one year from the date of invoice. Limited warranty is for defects in workmanship and materials only. Parts must be returned to Website Owners for inspection for determination of repair, replacement or credit. Misuse, improper installation, and/or modification of our product void all warranties. No replacement will be shipped prior to receipt of the return for inspection and determination of qualification of warranty. We will make every effort to ship replacement parts in a timely fashion, however, please be aware that delays may sometimes occur due to manufacturing schedules. Credits or refunds will be issued only for the value of the item and only if part was purchased directly from Website Owners. No credit will be issued for labor or any other cost incurred beyond the original cost of the part. Website Owners is not responsible for failure of any product that results from normal wear and tear, misuse, modification or improper installation. Exhaust sound of tone & pitch varies from one system and motorcycle to the next and is not covered by warranty. Returns must have a Return Merchandise Authorization (RMA) number clearly marked on the outside of the package. See RMA section of these policies for more information.
Performance Product Warranties and Returns: (i.e., internal engine parts)
No warranties on internal engine performance products for any reason. No returns, exchanges or refunds for any internal engine performance products. No credit will be issued for labor or any other cost incurred in the installation of these products.
Warranty is void if an aftermarket fuel tuner is not installed on vehicle running a Trinity Racing exhaust system. The addition of an aftermarket exhaust system and no fuel tuner will cause the exhaust to overheat and possibly fail.
Limited Chrome Warranty:
As hard as we try, our chrome is not always perfect. Small flaws and/or marks in the chrome do not constitute a flawed product. If, upon inspection you don't agree, or if the chrome is very obviously flawed then please contact us. Our standard chrome warranty is for a period of 90 days from date of invoice, for workmanship or defects. Corrosion defects due to salt spray in beach or snow areas, corrosive chemicals, improper care or cleaning are NOT COVERED by warranty. Parts must be returned to Website Owners for inspection for determination of repair, replacement or credit. Misuse, improper installation, and/or modification of our product void all warranties. No replacement will be shipped prior to receipt of the return for inspection and determination of qualification of warranty. We will make every effort to ship replacement parts in a timely fashion, however, please be aware that delays may sometimes occur due to manufacturing schedules. Credits or refunds will be issued only for the value of the item and only if part was purchased directly from Website Owners. No credit will be issued for labor or any other cost incurred beyond the original cost of the part. Website Owners is not responsible for failure of any product that results from normal wear and tear, misuse, modification or improper installation. Bluing/yellowing or discoloration of exhaust products is NOT COVERED for warranty. Returns must have a Return Merchandise Authorization (RMA) number clearly marked on the outside of the package. See RMA section of these policies for more information.
Inspection:
All items returned for warranty consideration are subject to inspection. Website Owners reserves the right to inspect all parts related to a warranty claim and to refuse any warranty claim upon inspection of said parts. No replacement products will be shipped prior to receipt and inspection of any product for warranty request.
Non-Warranty Return Policy:
No item will be considered for return/refund/credit after 30 days of original invoice date. Original invoice must accompany the return. Website Owners reserves the right to inspect all parts related to a return request and to refuse any claim upon inspection of said parts. A re-stocking fee of 20% will be charged to all Non-Warranty Returns. Merchandise may not be returned for credit unless purchased directly from Website Owners. Returns must have a Return Merchandise Authorization (RMA) number clearly marked on the outside of the package. See RMA section of these policies for more information.
Return Merchandise Authorization (RMA):
All returns must have a Returned Merchandise Authorization (RMA) number. Contact Website Owners via info@trinityracing.com for the RMA number. The RMA number must be clearly marked on the outside of the box, along with the word "RETURN". All items must be packed carefully to prevent damage. Any return item damaged during return shipping will not be warranted or considered for credit/refund. The original invoice, along with a letter describing the complaint (or RMA form included in package), must accompany all returns and must include the name, address and contact phone numbers for the customer, as well as e-mail address if available. Returns must be received within 45 days of the date the RMA number was issued. Any return shipped without an RMA number or received after 45 days will be denied. All freight charges are the responsibility of the customer and will not be reimbursed in the event of a warranty claim.
Notice:
All items sold by Website Owners are intended for closed course racing and show purposes and may not be street legal, DOT approved or EPA approved. Certain products can affect or void your manufacturer's warranty.
Indemnification
You agree to defend, indemnify and hold Website Owner and its service providers harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of these Terms and Conditions or from any claim arising from your acts or omissions.
Intellectual Property Rights
Unless otherwise noted, the Site and its entire content, features and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Website Owner, its suppliers or affiliates, or by third parties who have licensed their materials to Website Owner and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws.
Website Owner and its suppliers and licensors expressly reserve all intellectual property rights in all images, text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Website Owner’s or any third party's intellectual property rights.
The Website Owner names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Website Owner. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
Third Party Resources; Links
The Site may contain links to other websites and resources, provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements. We have no control over the contents of such sites or resource, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The availability of any third party sites or resources through the Site does not imply our endorsement of or our affiliation with any provider of such third party sites or resources. If you decide to access any of the third party sites or resources linked to this Site, you do so at your own risk and subject to the terms and conditions of use for such sites or resources.
Infringing Material/DMCA. Notification Procedures
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to the email address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Counter-Notification Procedures If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to the email address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who provide or upload materials that infringe the rights of others or are otherwise inappropriate or that violate any law or regulation or misuse this Site.
Changes to the Site
You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms and Conditions.
Your Account and Computer Data Safety
When and if you use the Site, it is your sole responsibility to restrict access to your computer and to maintain the confidentiality of your email address, password and any other account identifiers related to any personal account you created on the Site (the "Account"). You also agree to accept sole responsibility for any and all activity that occurs under your Account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems.
Site Rules; User Content
Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our stores or otherwise, or in any social media accessible in the future through us or our Site or related to or associated with us ("User Content") are provided on a non-confidential and non-proprietary basis. By submitting User Content, you are granting us an irrevocable, perpetual, world-wide, assignable, sublicenseable, transferable and unrestricted license to the User Content for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.
You agree that no User Content will:
- Violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights;
- Contain any material that is libelous, unlawful, abusive, offensive, obscene, harassing, or otherwise objectionable;
- Contain pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law;
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Be likely to deceive any person;
- Cause annoyance, inconvenience or be likely to upset any other person;
- Impersonate any person or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, including sales promotions, contests, or advertising; or
- Give the impression that they originate or are endorsed by Website Owner or any other person or entity.
In connection with the Site, you must not:
- Post, transmit, or otherwise make available through or in connection with the Site, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious;
- Use any device, software or routine that interferes with the Site;
- Restrict or inhibit any other person from using the Site;
- Collect information about users of the Site or Website Owner customers;
- Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site;
- Use the Site in an unlawful or fraudulent manner;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site; the server on which the Site is stored, or any server, computer or database connected to the Site.
- Use any automatic device, process or means to access the Site for any purpose, including monitoring or copying content on the Site; and
- Otherwise attempt to interfere with the proper working of the Site.
Site Access
We may discontinue all or part of this Site at any time. We may block, limit or terminate your access to this Site for any reason, including if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.
Product Pricing, Availability and Accuracy
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Website Owner reserves the right to revoke any stated price or other term and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
Orders
All orders placed through the website are subject to our acceptance, which is in its sole discretion. Without limitation, we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, we will post a refund in the same form of payment originally used for purchase. Your refund will be refunded in full.
Shipping Methods and Costs
Depending on the item(s) you purchase from us and the location to which the items will be delivered, different shipping methods will be available. Each shipping method has its own restrictions and charges that will be applied to your order. (See carrier)
At checkout, you will be prompted to choose a shipping method for your item(s). (Please note, some items may offer only one shipping method.) Shipping costs are dependent on the weight and size of the items in your order and the shipping method you select. Your total shipping charges will automatically compute during checkout prior to the completion of your order.
Return Policy
When shipping a return you must include the sales receipt. All claims must be made within 30 days of purchase. Be certain to save copies for your records.
Shipping and handling costs are non-refundable.
All custom orders are final and may not be exchanged or returned.
We will not accept CODs or third-party billing for returned merchandise.
In the case of shipping damages, please contact the carrier or our Customer Care department on our Contact Page.
You can expect a refund in the same form of payment originally used for purchase within 30 days of our receiving your returned product. Your refund will include the cost of the item, plus any applicable sales tax.
*ANY PRODUCT RETURNED WITHOUT PRIOR AUTHORIZATION WILL NOT BE PROCESSED.
Product Display/Colors
The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Transactions
We may make available the ability to purchase or otherwise obtain certain Products through the site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, including your credit card number and expiration date, your billing address, and shipping information. You represent and warrant that you have the right to use any credit care that you submit in connection with a Transaction. By submitting such information, you grant Website Owner the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when the charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transaction.
Non-Commercial Use
This Site and products sold through this Site are intended solely for the personal, non-commercial use of our customers and our potential customers. Our products are not being offered for re-sale unless previous, written authorization has been provided.
Contest; Promotions
Any sweepstakes, contests, surveys, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
Governing Law; Arbitration; Jurisdiction
These Terms and Conditions are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms and Conditions or any aspect of the relationship between you and Website Owner, whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, will be resolved through final and binding arbitration in accordance with the American Arbitration Association’s rules and procedures. The arbitration shall take place in San Francisco, CA. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction.
YOU AGREE THAT WEBSITE OWNER AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION OR DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING WEBSITE OWNER IN YOUR INDIVIDUIAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.
The Site is controlled and operated from the United States, and are not intended to subject Website Owner to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any geographic area or jurisdiction that we choose. Any element or term of these Terms of Use that are prohibited by law shall be deemed modified to the minimal extent necessary for such term to comply with or be permitted by applicable law.
Contact Information
If you have questions or comments about these Terms and Conditions, please contact us via email at info@trinityracing.com or by telephone at 909.987.4213. You agree that we may communicate with you by any means and through any contact information you have provided to us.