Terms

Overview

These terms and conditions (“Agreement”) govern your use of ModAuto (“Site”), an online information service operated by ModAuto.com (“ModAuto”, “we”, “our”, “us”, etc.). By using this Site you consent and agree to the terms and conditions contained in this Agreement. If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this Site.

Copyright

All content (“Content”) included on this Site, such as text, graphics, logos, color combinations, layout, button icons, images, audio clips and software (whether contained in or used to operate the Site), is the property of ModAuto or its content suppliers and protected by U.S. and international copyright, trademark, service mark and other intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of ModAuto and protected by U.S. and international copyright laws. This Agreement does not transfer any right, title, or interest in the Site or the Content to you, and nothing contained in this Agreement or on the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise other than as explicitly set forth herein. ModAuto and its Content suppliers retain all of its and their respective right, title and interest to the Site and Content. For copyright infringement claims regarding Content on this Site, please see below under the heading

Copyright Infringement – Trademarks

ModAuto® is a United States registered trademark of ModAuto. ModAuto’ trademarks may not be used in connection with any product or service that is not the property of ModAuto, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ModAuto. Certain products, services, or company designations for companies other than ModAuto may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status. All trademarks and registered trademarks mentioned on this Site are properties of their respective owners.

Use of Content; Linking to Our Website

Use of Content. The Content may be used as a personal informational resource. Specifically, you may download, view, copy and print Content only to the extent such activities are solely for your personal informational use.

Linking to Site. You may link or hyper-link to the home page of the Site from any Qualified Site, provided (a) you notify us by email specifying the URL of each page from which you will be linking to our home page; (b) you do not frame the Site or any portion of the Site; (c) you do not deep link into the Site (i.e., you do not link into any page other than the home page); (d) the link or hyper-link to the Site is not used in a way that suggests that ModAuto endorses you or your web site; (e) the link is identified using a plain text rendering of the ModAuto’ name and not any trademark or ModAuto’ logo; (f) the link or hyper-link to the Site is not used or presented in any way that disparages ModAuto or tarnishes, blurs, or dilutes the quality of our names or trademarks or any associated goodwill; (g) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and (h) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason. “Qualified Site” means a web site that displays no Objectionable content, is not owned or controlled by a competitor to ModAuto and the content of which is not competitive to the Site. “Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (1) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (2) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or (3) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (4) violates or encourages other to violate any applicable law. No Other Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Site without our written permission is strictly prohibited.

Email and Feedback; User Information

“User Information” is any information that you send or transmit via e-mail or other means to ModAuto, its webmaster or employees or within a Forum (including, but not limited to, feedback, questions, comments, etc.). ModAuto does not pre-screen User Information, and ModAuto has the right (but not the obligation) to refuse or remove any User Information that is available through the Site in its sole discretion. By using this Site, you hereby grant ModAuto a world-wide, royalty free and non-exclusive license to: (a) use, reproduce, copy, modify, transmit, adapt, publish, translate, reformat, create derivative works from, distribute, publicly perform, and publicly display such User Information (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed; (b) publish your name in connection with the User Information; and (c) sublicense such rights to ModAuto’ subsidiaries, affiliates, and partners. However, your personally identifiable information will be treated in accordance with ModAuto’ Privacy Policy. You agree: (1) that you will not be paid with respect to the use of your User Information; (2) that by sending or transmitting User Information, you are representing that you own or otherwise control all of the rights to your User Information; (3) that all so-called “moral rights” in the User Information have been waived; (4) that you are solely responsible for your actions and the content of your transmissions through or postings on the Site; (5) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User Information transmitted through the Site; and (6) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. Please do not submit Objectionable User Information or use the Site in any way that is Objectionable. “Objectionable” has the meaning set forth under the “USE OF CONTENT; LINKING TO OUR SITE” section of this Agreement. MBR Tuning and its employees do not accept or consider unsolicited ideas. Please do not send your unsolicited ideas or any original materials to ModAuto or anyone at ModAuto. If, despite this request, you still send ModAuto your ideas or such materials, please understand that ModAuto makes no assurances that your ideas or materials will be treated as confidential or proprietary, and upon submission, any such ideas or materials become the sole and exclusive property of ModAuto.

Prohibitions

Under no circumstances may you: – send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited); – delete, modify or attempt to change or alter any of the Content on the Site; – use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site; – use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other web site providers, web sites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission; – use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or – use any ModAuto’ names, service marks, or trademarks without our prior written consent, including without limitation as metatags or hidden text.

External Links; Other Websites’ Products; Services and Content

The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, ModAuto’ affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Other Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. ModAuto is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by ModAuto, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings.

Special Legal Considerations; Other Terms

You must possess the legal right and ability to use the Site. Certain portions of the site and/or the Content may not be suitable for all visitors. You agree to comply with all applicable laws, rules and regulations concerning your access to and/or use of such portions(s) of the Site and/or the Content, including any internal rules regarding your access to and/or use of the Site. Notwithstanding any other provision of this Agreement to the contrary, ModAuto reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, to disclose information about you pursuant to our Privacy Statement which is hereby incorporated by reference.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ModAuto EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ModAuto MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (b) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (e) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Applicable Law

This Site is owned and operated by ModAuto in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Site and these disclaimers, terms and conditions at any time.

Modifications to Website; Agreement; Termination of Site 

Modifications to Agreement. ModAuto may change the terms of this Agreement from time to time. Each time material changes are made to this Agreement, the changes will be posted on the home page and you will be alerted to them and asked to review them before proceeding with your further use of the Site. Your continued use of this Site following the posting of any changes to this Agreement constitutes your acceptance of those changes. If you object to any provision of this Agreement or any subsequent modifications to this Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site. Access or Site Termination. ModAuto reserves the right to terminate your access to this Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. You acknowledge and agree that ModAuto will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to this Agreement. LIMITATION OF LIABILITY IN NO EVENT SHALL ModAuto OR ITS THIRD PARTY CONTENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEB SITES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (d) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF ModAuto WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. INDEMNITY You agree to indemnify, defend and hold harmless ModAuto, its affiliates, shareholders, directors, officers, co-branders, content providers, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of this Agreement. This obligation will survive your use of the Site.

Dispute Resolution

Any dispute arising out of or in connection with this Agreement or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in Los Angeles, California, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the courts of Los Angeles, California for any action (1) to compel arbitration, (2) to enforce the award of the arbitrators or (3) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.

Limitation on Actions

You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ModAuto to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

General

If any provision of this Agreement is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement will remain in effect. ModAuto’ failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. ModAuto may assign its rights and duties under this Agreement without such assignment being considered a change to the Agreement and without notice to you. You may not assign this Agreement without the prior written consent of ModAuto. This Agreement, the Privacy Statement, any operating rules, policies, or procedures that may be posted from time to time by ModAuto on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in this Agreement and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), ModAuto has designated an agent to receive notifications of alleged copyright infringement associated with the Site. ModAuto will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent: contact page. When notifying us of the alleged copyright infringement, please include all of the following information: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material; d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If material is believed in good faith by ModAuto to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with ModAuto’ . You may want to seek independent legal counsel before filing a notification or counter-notification.

Discontinued Vendors

Although ModAuto values its relationships with its suppliers, circumstances may arise which may force ModAuto to terminate business practices with any of its suppliers and therefore discontinuing any product(s) associated with that supplier. Any product supported by a manufacturing warranty that ModAuto elects to discontinue distribution of will be supported only by the manufacturer or the former supplier of that product. ModAuto bears no responsibilities or liabilities to conduct any warranty claims for items that they do not or no longer distribute.

Acknowledgement

You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.

Contact Information 

If you have any questions regarding this Agreement or the Site, please contact ModAuto or email orders@modauto.com

Returns Policy

Please see our applicable returns policy here.

Pricing on Website

All prices on the site are kept as updated as possible. We reserve the right to inform you of any price changes when we go to process your order, in case there are any errors or out of date prices.