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 Driftmotion, Inc.. The collective work includes works that are licensed to Driftmotion, Inc.. Copyright 2003, Driftmotion, Inc. 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 Driftmotion, Inc. or purchasing Driftmotion, Inc. 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 Driftmotion, Inc. or to purchase Driftmotion, Inc. 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 Driftmotion, Inc.. 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 Driftmotion, Inc. used in the site are trademarks or registered trademarks of Driftmotion, Inc.


Product Usage
All Driftmotion, Inc. products and products listed in this web store are for Off Road Racing or Track Racing Use Only, NOT for Street use. Driftmotion, Inc. does NOT recommend or support any Road/Street Usage of these products, nor liable for any issues might result from such usage of these products in Road/Street conditions. Driftmotion, Inc. sells products not legal for use on California highways or any pollution controlled vehicle.


Return Policy

We have a strict 30 day return policy, and only brand new unused and unwrapped items can be returned. Items that qualify for a return will be subject to a 5% order processing fee. If the item is returned for an exchange, or the order is cancelled because of a back order, or a mistake on our part, we would not assess the 5% processing fee. Driftmotion, Inc. does not cover return shipping costs for defective items, and any defective item claim must be returned for inspection before any replacement item or repair can be offered. Items that are misused, abused, or improperly installed will not be considered for warranty replacement. Any warranty claim after 30 days must be submitted directly through the product's manufacturer. All returns of products sent back to Driftmotion, Inc. may include up to a 20% restock fee. Electronics and fuel system parts like fuel injectors and fuel pumps can not be returned for any reason. All returns must include the original undamaged packaging the product was originally shipped with. Do NOT ship the package back without double boxing it, we will not accept returns of items shipped back in the retail packaging with just a label stuck on it. Special ordered items are non-refundable and can not be returned.



Product Warranty Replacement/Repair Policy
We must receive the item back within the warranty period for inspection before any warranty repairs or replacements will be made. The item can not be modified, physically damaged, abused, or misused, in order to quality for a repair or replacement. We will not cover costs of items sent to another company for repairs before we can inspect it, it must be shipped back to Driftmotion, Inc. first. We do not cover shipping costs for warranty repairs or replacements. Items sent back internationally must be marked as returned defective merchandise, we can not cover any import duties or taxes if the item is sent back to Driftmotion, Inc. as new merchandise and has any associated fees.


Order Cancellations
Orders that are cancelled before our stated lead times because of something out of our control will include a 5% order processing fee. In the event Driftmotion, Inc. causes a delay, or an item is on a back order, we would not bill anything additional for an order cancellation in that situation. If the order is cancelled on the same day by phone with a confirmation before 5PM PST, that would also avoid the additional 5% fee.


Installation/Labor
Driftmotion, Inc. assumes you have the experience and proper tools needed to install products purchased from our website, and you will professionally install the parts in the proper manner. We are not liable for any installation costs, or vehicle storage costs, the you may incur from taking the vehicle to a shop for installation, or any labor costs incurred from replacing a part for any reason, even if it is because of a defect, or from a shipping delay. We do not accept returns of installed or used merchandise for any reason, even if the item is defective.


Missing or Damaged Items
We have a strict 30 day limit for any claims of items missing from a shipment, please carefully examine ALL the contents of your package on the day it is received. Use your invoice as a checklist and be sure everything you ordered is correct and undamaged. In the event you feel something is missing or damaged, please contact us within 30 DAYS of receiving the order from us. We will not replace items from an order made many months (or years) ago. We double check every order before shipping it with a checklist, and we keep the checklists. We may require pictures to be sent to us of the items in question before making an exchange or sending another item.


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, Driftmotion, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Driftmotion, Inc. 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. Driftmotion, Inc. 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
Driftmotion, Inc. 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 Driftmotion, Inc. 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 Driftmotion, Inc. product is mistakenly listed at an incorrect price, Driftmotion, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Driftmotion, Inc. is not responsible for typographical errors in specifications or ratings, please consult with the manufacturer of the product before making a purchase if you have any concerns. While every care has been exercised in compiling and publishing the data contained in these pages, Driftmotion, Inc. accepts no responsibility for errors or omissions to of the information. The information on this website is not guaranteed to be accurate, or does Driftmotion, Inc. take responsibility for it. The information comes from other sources and therefore may be wholly unreliable, and Driftmotion, Inc. does not guarantee its suitability for any purpose. Neither nor any of Driftmotion, Inc.'s providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither nor any of its providers of information shall have any liability for the accuracy of the information contained in the Service, or for delays or omissions therein. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Driftmotion, Inc. checked with sources believed to be reliable in their efforts to provide information that is complete and generally in accord with the standards accepted at the time of publication. However, in view of the possibility of human error, neither nor any other party who has been involved in the preparation or publication of this work warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. Customers are encouraged to confirm the information contained herein with other sources. Driftmotion, Inc. 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, Driftmotion, Inc. 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 Driftmotion, Inc. 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
Driftmotion, Inc. 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 Driftmotion, Inc..


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


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