Ownership of Site; Agreement to Terms and Conditions
RPM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, RPM grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
RPM’s Store Policies apply to use of this Site, and its terms are made a part of these Terms and Conditions by this reference. To view RPM’s Store Policies, click here.
Any warranties on the parts and/or accessories sold hereby are those made by the manufacturer. RPM hereby expressly disclaims all warranties, either expressed or implied, including all warranties of merchantability or fitness for the particular purpose, and RPM neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of these parts and/or accessories. Issues of warranty concerning any parts, accessories or other products sold by or purchased from RPM or installation of said parts, accessories or products must be handled by the manufacturer of these parts, accessories or products.
RPM is not responsible for any damages which may occur during shipping. Upon receiving an order or package from RPM, the recipient of the package is responsible for checking the contents for damage and filing a claim with the appropriate carrier if shipping damage has occurred. If you are dissatisfied with your purchase for any reason, please see our return policy for details.
Purchases; Products and Services
All purchases are final. Refunds will only be issued in accordance with our Return Policy. To view our Return Policy, click here.
RPM may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and RPM makes no commitment to update the materials on the Site with respect to such products and services.
Errors, Inaccuracies and Corrections
All content on the Site is informational in nature only and may be subject to typographical errors, inaccuracies, omissions, or contain incomplete information or dated information that may effect product descriptions and/ or product pricing. RPM reserves the right to correct such typographical errors, inaccuracies, incomplete information, outdated information or omissions at any time without notice and regardless of orders that may have been placed prior to correction. We apologize for any inaccuracies and the inconvenience they may cause you. If you are dissatisfied with your purchase for any reason, please see our return policy for details. Also note that while we welcome orders from all over the globe, all content is based on vehicles intended for the United States domestic market. We apologize for any inconvenience this may cause our international customers.
A Warning About Auto Repair, Accessory Installation and Product Use
For even a seasoned veteran, auto repair and part and/or accessory installation involves risks that may cause injury or death. For the sake of your safety and well-being please do not attempt to repair any vehicle or install any part or accessory if you are not familiar with the procedures necessary to repair or install parts and accessories on your automobile, or if you do not have a safe working environment.
Performance parts and accessories are designed to improve the performance of your automobile's engine or suspension. Please operate your vehicle safely and reasonably. Good performance parts and accessories are not a substitute for good judgment, common sense and safe driving. RPM will not be liable or responsible of for any injuries or deaths arising from the use of the performance parts and accessories we sell. All risks and responsibilities are assumed by the buyer.
Even properly installed parts and accessories can fail. RPM assumes no liability or responsibility for any parts, accessories or other products purchased from RPM that are installed or used, whether properly or improperly, regardless of correct or incorrect information provided by RPM and found on the Site. RPM cannot be held responsible or liable for any injuries, deaths, damages or loss associated with the proper or improper installation of parts, accessories and other products due to correct or incorrect information found on the Site. All risks and responsibilities are assumed by the buyer.
Some products may not be legally used on public roadways. It is the customer's responsibility to check and obey local laws.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to RPM, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without RPM’s express prior written consent.
You may use information on products and services (such as product descriptions, data sheets, and similar materials) purposely made available for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any RPM server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of RPM, including any RPM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or RPM’s systems or networks, or any systems or networks connected to the Site or to RPM.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to RPM on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of RPM or others.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify RPM immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by RPM or any other user of or visitor to the Site due to someone else using your account.
You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. RPM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the RPM Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under RPM’s control, and RPM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY RPM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RPM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RPM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RPM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM RPM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RPM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
RPM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
RPM will not be responsible for the proper or improper installation and/or removal of any OE, OEM or aftermarket part or accessory on any vehicle for any reason. Except where prohibited by law, in no event will RPM be liable to you for any direct or indirect, special, punitive, incidental, exemplary or consequential damages of any kind, including, but not limited to, lost profits, injury, death, dismemberment or psychological damages, whether based upon warranty, contract or negligence deriving from the connection with the sale, use or repair of the part(s), accessory(ies) or other products sold by or purchased from RPM, even if RPM has been advised of the possibility of such damages. RPM will not be liable for use or misuse of the correct or incorrect information found on the Site, including and not limited to technical support, customer service or any other services provided by the Site. These limitations will apply notwithstanding to any failure of essential purpose of any limited remedy. Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RPM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) UNITED STATES CURRENCY.
You agree to indemnify and hold RPM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against RPM by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms and Conditions
RPM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) RPM’s rights or property, or the rights or property of visitors to or users of the Site, including RPM’s customers. RPM reserves the right at all times to disclose any information that RPM deems necessary to comply with any applicable law, regulation, legal process or governmental request. RPM also may disclose your information when RPM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that RPM may preserve any transmittal or communication by you with RPM through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or RPM determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of RPM, its employees, users of or visitors to the Site, and the public.
You agree that RPM may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to RPM, for which monetary damages would be inadequate, and you consent to RPM obtaining any injunctive or equitable relief that RPM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies RPM may have at law or in equity.
You agree that RPM may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If RPM does take any legal action against you as a result of your violation of these Terms and Conditions, RPM will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to RPM. You agree that RPM will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
Governing Law; Dispute Resolution
You agree that all matters relating to your purchase from RPM or your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Tarrant County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between RPM and you arising out of or in connection with your purchase from RPM or your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
RPM administers and operates the www.therpmstore.com Site from its location in Grand Prairie, Texas USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. RPM reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and RPM with regard to your purchase from RPM and/or your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and RPM with respect to such use are hereby superseded and cancelled. RPM will not accept any counter-offers to these Terms and Conditions, and all such offers are hereby categorically rejected. RPM’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by RPM of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between RPM and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. RPM shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2005-2012 Revolution Performance Motorsports, LLC. All rights reserved.
Revolution Performance Motorsports, LLC., 2100 N. Highway 360, Suite 1605, Grand Prairie, TX, 75050, USA.
Last updated on 11/15/08