Terms and Conditions
EDRPerformance.com Website Terms and Conditions
By choosing to use our website you are accepting the following Terms and Conditions of Use of our website. Should you object to any of the Terms and Conditions on our website, you should immediately stop using the website EDR Performance Inc is a company incorporated in the United States of America.
1. This Agreement1.1 This is a legally binding agreement between you and us which will continue to apply while you are logged into or viewing our website or until it is terminated earlier for whatever reason.
1.2 You warrant that you are of or over the age of 18 years and have power and authority to enter into this agreement at law. Further, you warrant that you have the authority to act on your own behalf to enter into and bind yourself to these terms and conditions.
1.3 If you disagree with any of these terms and conditions or do not intend to be bound by any of these terms and conditions, you must exit this site immediately.
2. Governing Law
2.1 This agreement and your relationship with us pursuant to this agreement are governed by the laws of Oregon, USA, and shall not be subject to or governed by The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention.
2.2 You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Oregon, USA for the purpose of resolving any disputes pursuant to this agreement.
3. Our Services
3.1 Our website provides an online medium for the purchase of EDR Performance Products, as well as, other manufactured parts and service.
4. Use of Site and Materials on It / Intellectual Property
4.1 You will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of this site including, without limitation, any text, images or other data contained on this site, without express written permission from us other than for your own personal use only and not for the purposes of any financial or economic gain.
4.2 While you may download materials from this site for your own personal non-commercial use as set out above, you will not and must not distribute, modify, transmit, reuse, repost, or make use of any such materials in any way whatsoever for any other purpose without our express written permission.
4.3 You will retain all copyright and other proprietary notices contained in any downloaded materials from this site in all copies made by you of those materials in any medium whatsoever and you will not remove or attempt to remove any such copyright or proprietary notices from any such copy at any time.
4.4 Images of people or places displayed on this site are either owned by, loaned by or licensed to us. You agree that you will not make any copies of these images or make any use of those images for any reason other than your own personal non-commercial use. You acknowledge that unauthorised use of any such images may violate intellectual property rights of third parties and that you may therefore incur liability to those parties as a result of any such use.
4.5 Copyright, trade mark rights and all other rights in all material, images, trademarks, media, data and other content and information contained on this website are either owned, on loan or licensed to us.
4.6 You acknowledge and agree that you will not use this website or the information and facilities contained on this website, nor allow nor cause any of the same to be used, in any unlawful way, or for any illegal purpose, or in any manner that infringes our or any third party’s rights.
4.7 We reserve the right to ban permanently and/or notify the appropriate authorities of any person who uses, or attempts to use, our website or our services for illegal purposes, or who posts, or attempts to post, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.
4.8 In addition, you agree that you will not: (a) data mine or conduct automated searches on the site or the content on the site, whether through the use of additional software or otherwise;(b) incorporate any of the content on the site with any other material, including advertising or promotional material;(c) create links from the site to any other website on the Internet, nor frame nor mirror the site without first obtaining our express written permission;(d) use the site or any facilities available on the site to defame, harass, threaten, menace or offend any person;(e) tamper with, hinder the operation of, or make unauthorised modifications to the site or any content on the site;(f) knowingly transmit any virus, worm or other disabling feature to or via the site;(g) use the site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);(h) violate the security or any security measures of this website nor that of any of our systems and networks;(i) access any data on or from this website which is not intended for you;(j) probe, scan or test the vulnerability of this website or any of our systems or networks;(k) interfere with service to any other user of this website;(l) use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;(m) use the site or any facilities available on the site for any activities, nor transmit to or via the site any information or materials, which:(i) breach any laws or regulations; (ii) breach these terms; (iii) infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets); (iv) are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential; (v) are false or misleading; (vi) are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or (vii) identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; nor (n) attempt to do, nor permit another person to do, any of the above acts.
5. Transmitting Material to the Site
5.1 Any communication or material that you transmit to or post on this website by electronic mail or otherwise including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit.
5.2 You will not and must not post or transmit to this site any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws.
6. Material On Site About Our or Another Business
6.1 Material on this website may contain general information about us, our products and services, and those of other businesses referred to on this site. Unless expressly stated otherwise, this information: (a) does not constitute an offer or inducement to enter into any legally binding contract; and (b) does not form part of the terms and conditions for any of our products or services nor of any of the other businesses referred to in this site.
6.2 We do not endorse or approve any content posted in any advertising (other than advertising we have posted about ourselves or our products) on this website and we will not be responsible or liable in any way for the content or accuracy of any such advertisements. We cannot guarantee the screening or checking of any content posted on this website prior to publication.
7. Standard Disclaimers
7.1 You acknowledge that you access this website and its materials at your own risk and you are responsible for compliance with the laws of your jurisdiction and these terms.
7.2 While we have made every effort to ensure that the information on this site about our business and services is free from error, we do not warrant the accuracy, adequacy or completeness of that information.
7.3 We do not warrant that the information on this site is free from error, adequate, complete or suitable for any particular purpose. All implied warranties are excluded to the extent permitted by law.
7.4 All information is subject to change without notice. We recommend that you seek independent advice before acting upon any material contained on this website.
7.5 We do not guarantee that this website will be free from viruses, nor that access to this website will be uninterrupted.
7.6 We do not warrant the safety or accuracy of, and do not necessarily endorse the contents of, any third party websites to which links have been provided on this site. If you do link to any third party sites from this website, you agree and acknowledge that you are doing so at your own risk.
7.7 In consideration for being given access to this website, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of this website or any of the links provided in this website or reliance by you or any person upon information contained in or downloaded from this website.
7.8 Liability of any of us, our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our sole option, to: (a) the supply of the relevant goods or services again; (b) repair of any goods; or (c) payment of the cost of having the goods or services supplied again or repaired.
7.9 This agreement and/or your access to this website may be terminated at any time by us without notice and for any (or no) reason within our sole discretion. All restrictions, licences granted by you and all disclaimers and limitations of our liability will survive termination of this agreement, although you will no longer be authorised to access this website.
7.10 You agree to be primarily liable for and to indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of us or them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of any of: (a) your use of this website or any of its contents (whether or not provided by you); (b) any breach by you of these terms and conditions; (c) any actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any listing posted on this website; (d) any claims brought by or on behalf of any third party relating to any act or omission by you whatsoever; or (e) any content or proposed content posted or attempted to be posted by you on this website.
7.11 We reserve any rights not expressly granted in these terms and conditions.
8. Linking to this Site
8.1 You will not and must not provide a link to this website or to any part of it without our express written permission.
8.2 You will not and must not provide a link to or attempt to link directly to any page of this website other than initially (each time you visit this site) through the home page of this site
.9. Expressed Views About Third Parties
None of the views expressed at any time on this website are intended to convey any belief on the part of any of us, our employees, servants or agents that any of the businesses referred to on this site or any of those businesses’ owners, employees, servants or agents has any intention other than to provide the highest quality goods and/or services to its customers. If any views expressed on this site appear to you to convey any such belief, please let us know immediately and we will rectify the situation as soon as possible.
10. Changes to this Site
We reserve the right to remove from this website at any time and for any (or no) reason, within our absolute unfettered discretion, any advertisement, listing, text, graphic, media or other content placed upon this website, whether it was so placed by us or another party.
11. Access Outside the United States of America (USA)
We do not represent or warrant that the content on the website complies with the laws of any country outside of the USA. If you access this website and materials from outside the USA, you do so at your own risk.
12. General Matters
12.1 If any of these terms are invalid, unenforceable or illegal, that term will be struck out to the extent of any invalidity and the remaining terms will remain in force.
12.2 If we do not act in relation to a particular breach by you of these terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches (nor at a later time in respect of that breach). If you do not act in relation to a particular breach by us of these terms, this will not be treated as a waiver by you of your right to act with respect to that or subsequent or similar breaches.
12.3 We are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these terms.
12.4 For the avoidance of doubt, under no circumstances will we act or purport to act nor be responsible to act as your agent for any reason whatsoever, whether in relation to any particular transaction or otherwise.