Ownership of Site; Agreement to Terms of Use

    These Terms and Conditions of Use (the “Terms of Use”) apply to the A.S.M.C. LTD. web site located at www.perrinperformance.com , www.alta-performance.com, www.altaminiperformance.com, www.myh6.com, www.thealtaperformancegroup.com and all associated sites linked to www.perrinperformance.com , www.altaminiperformance.com, www.myh6.com, www.thealtaperformancegroup.com by A.S.M.C. LTD., its subsidiaries and affiliates, including A.S.M.C. LTD. sites around the world (collectively, the “Site”). The Site is the property of A.S.M.C. LTD. (“The ALTA Performance Group.”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

    A.S.M.C. LTD. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use 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 of Use, A.S.M.C. LTD. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

    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 A.S.M.C. LTD., 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 of Use, 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 A.S.M.C. LTD.’s express prior written consent.

    You may use information on A.S.M.C. LTD. products and services (such as data sheets, knowledge base articles, instructions and similar materials) purposely made available by A.S.M.C. LTD. 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 use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. A.S.M.C. LTD. reserves the right to bar any such activity.

    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 A.S.M.C. LTD. 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 A.S.M.C. LTD., including any A.S.M.C. LTD. 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 A.S.M.C. LTD.’s systems or networks, or any systems or networks connected to the Site or to A.S.M.C. LTD..

    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 A.S.M.C. LTD. 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 of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of A.S.M.C. LTD. or others.

Purchases; Other Terms and Conditions

    ASMC LTD.’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

    ASMC. LTD. 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. An advertised discount sale may exclude some items or have different discounts on certain items.  The materials on the Site with respect to products and services may be out of date, and ASMC LTD. makes no commitment to update the materials on the Site with respect to such products and services.

    Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.     

    All orders placed with ASMC LTD., via online websites, phone, fax, mail, e-mail & will call constitute the acknowledgment and acceptance of all conditions listed here in for the current order and all future orders.  All parts shall remain the property of ASMC LTD. until paid in full.  All prices, materials, design and specifications are subject to change without notice. ASMC LTD. is NOT responsible for fees, taxes and other charges assessed by shipping carriers and local governments to accept and receive items shipped to you. It is the client's responsibility to negotiate and pay these fees prior to and/or after delivery.

    All engine and exhaust components (for example but not limited to the following, exhaust pipes, intake systems, supercharger pulleys, intercoolers etc.) have been designed and are intended for off-road applications only.  These components are legal in California for racing vehicles only, which may never be used on public roads or highways.  Federal and many state laws prohibit the removal, modification or rendering inoperable of any device or element of design affecting vehicle emission or safety in a vehicle used on public highways.  Violation of such laws may subject the owner or user to a fine or penalty. Check your local and federal laws prior to purchase! Installation of performance products may void vehicle warranty coverage, if any, on your vehicle.  Vehicles modified by the use of performance parts may no longer be lawfully used on public highways.  Further, all engine parts, and electrical components are sold AS IS and may not be returned.  Re-sellers, installers and end users assume all costs and risk associated with these items. ASMC LTD. is not responsible for any losses incurred from the use of any and all products sold.

    Return for an exchange or refund will be allowed only within 7 calendar days from the date of the receipt and must be authorized by ASMC LTD., prior to return shipping.  (If applicable the manufacturer warranty to repair or replace the item is still in effect. See warranty stipulations included with each item for more details.) Contact our offices via telephone or e-mail to obtain an RMA# prior to returning any merchandise. This number MUST appear on the outside of all boxes returned. If the RMA# is not visible on the outside of the box it will be refused at the dock. ABSOLUTELY NO EXCEPTIONS!  Any refused shipment sent back to ASMC LTD. does not constitute the right to a refund or credit. It is the customer's responsibility to make all arrangements with ASMC LTD. for the shipment prior to its return. All authorized returned merchandise must be unused and in its original salable packaging.  No returns or exchanges on merchandise that shows signs of having been opened, installed, modified, mounted, scratched, defaced, AccessPorts, or PERRIN Tuned Maps will be allowed. Returns must be sent freight prepaid and insured by the customer.  A refund or exchange will not be considered until all relevant items, hardware, and accessories have been returned to ASMC LTD.  Original shipping and handling charges are not refundable.  All custom entry fees and duty charged to ASMC LTD. associated with any return or exchange will be charged to the customer.  A photocopy of your invoice showing the invoice number must accompany your return along with a written explanation and a contact phone number where we may reach you.  It is the responsibility of the customer/installer to verify the correctness of the size and application of the parts before installation. NOTE: A 20% restocking fee will be assessed on all authorized returns, canceled orders (special or otherwise, shipped or unshipped) in addition to any original shipping fees.   Any return credits or refunds are processed on the last business day of each month. Please allow an additional 12-14 working days for credit card refunds to post to your account.

    Shortage claims must be made within 5 working days of receipt date.  All claims for damaged merchandise must be made with the carrier and ASMC LTD. Keep all shipping cartons and packing materials for carrier inspection.  ASMC LTD. cannot initiate any claims with the carrier.  All approved refunds will be paid by either company check, credit card, or account credit, to be determined by ASMC LTD.

Accounts, Passwords and Security

    Certain features or services offered on or through the Site may require you to open an account (including setting up an A.S.M.C. LTD. ID and password). 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 A.S.M.C. LTD. 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 A.S.M.C. LTD. or any other user of or visitor to the Site due to someone else using your A.S.M.C. LTD. ID, password or account.

    You may not use anyone else’s A.S.M.C. LTD. ID, password or account at any time without the express permission and consent of the holder of that A.S.M.C. LTD. ID, password or account. A.S.M.C. LTD. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

    A.S.M.C. LTD.’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view A.S.M.C. LTD.’s Privacy Policy, click here. 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 A.S.M.C. LTD. 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 A.S.M.C. LTD.’s control, and A.S.M.C. LTD. 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.

Disclaimers

    A.S.M.C. LTD. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. A.S.M.C. LTD. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. A.S.M.C. LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A.S.M.C. LTD. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY A.S.M.C. LTD. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST A.S.M.C. LTD. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

    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.

    A.S.M.C. LTD. 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

    Except where prohibited by law, in no event will A.S.M.C. LTD. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if A.S.M.C. LTD. has been advised of the possibility of such damages.

    If, notwithstanding the other provisions of these Terms of Use, A.S.M.C. LTD. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Content Products or similar, A.S.M.C. LTD.’s liability shall in no event exceed the greater of (1) the total of any subscription, similar fees, or product purchase price with respect to any service, feature or product of or on the Site paid in the six months prior to the date of the initial claim made against A.S.M.C. LTD., or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

    You agree to indemnify and hold A.S.M.C. LTD., 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 A.S.M.C. LTD. by any third party due to or arising out of or in connection with your use of the Site or any of the products produced, purchased or used.
 

Violation of These Terms of Use

    A.S.M.C. LTD. 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) A.S.M.C. LTD.’s rights or property, or the rights or property of visitors to or users of the Site, including A.S.M.C. LTD.’s customers. A.S.M.C. LTD. reserves the right at all times to disclose any information that A.S.M.C. LTD. deems necessary to comply with any applicable law, regulation, legal process or governmental request. A.S.M.C. LTD. also may disclose your information when A.S.M.C. LTD. 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 A.S.M.C. LTD. may preserve any transmittal or communication by you with A.S.M.C. LTD. 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 A.S.M.C. LTD. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of A.S.M.C. LTD., its employees, users of or visitors to the Site, and the public.

    You agree that A.S.M.C. LTD. 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 of Use 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 of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to A.S.M.C. LTD., for which monetary damages would be inadequate, and you consent to A.S.M.C. LTD. obtaining any injunctive or equitable relief that A.S.M.C. LTD. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies A.S.M.C. LTD. may have at law or in equity.

    You agree that A.S.M.C. LTD. 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 A.S.M.C. LTD. does take any legal action against you as a result of your violation of these Terms of Use, A.S.M.C. LTD. 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 A.S.M.C. LTD.. You agree that A.S.M.C. LTD. 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 of Use.

Governing Law; Dispute Resolution

    You agree that all matters relating to 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 Oregon without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Washington County, Oregon, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use 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 A.S.M.C. LTD. and you arising out of or in connection with 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

    A.S.M.C. LTD. administers and operates the www.perrinperformance.com, www.alta-performance.com, www.altaminiperformance.com, www.myh6.com, www.thealtaperformancegroup.com sites from its location in Beaverton, Oregon 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. A.S.M.C. LTD. 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.

Miscellaneous

    You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

    If any of the provisions of these Terms of Use 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 of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and A.S.M.C. LTD. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and A.S.M.C. LTD. with respect to such use are hereby superseded and cancelled. A.S.M.C. LTD. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. A.S.M.C. LTD.’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by A.S.M.C. LTD. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between A.S.M.C. LTD. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The information contained in this web site is subject to change without notice.