Terms & Conditions
Notice - Torqbyte wants
every visitor to enjoy its Web Site, but also must protect its own interests.
The information expressed, and the trademarks displayed, at this site are
protected by intellectual property rights of Torqbyte... or others in agreement
with it. This site only for personal use only and subject to the copyright
notice and trademark notice(s) at this site. This right granted to visitors can
be revoked or changed at any time. No other use is permitted without prior written
consent.
1. Limited License
Subject to the terms and conditions set forth in this Agreement, Torqbyte
grants you a non-exclusive, non-transferable, limited right to access, use and
display this site and the materials thereon. You agree not to interrupt or
attempt to interrupt the operation of the site in any way and agree to
indemnify Torqbyte for all costs and damages associated with any interruption
or attempted interruption.
Torqbyte authorizes you to view and download the information
("Materials") at this Web site ("Site") only for your
personal, non-commercial use. This authorization is not a transfer of title in
the Materials or copies of the Materials and is subject to the following
restrictions: 1) you must retain, on all copies of the Materials downloaded,
all copyright and other proprietary notices contained in the Materials; 2) you
may not modify the Materials in any way or reproduce or publicly display,
perform, or distribute or otherwise use them for any public or commercial
purpose; and 3) you must not transfer the Materials to any other person unless
you give them notice of, and they agree to accept, the obligations arising
under these terms and conditions of use. You agree to abide by all additional
restrictions displayed on the Site as it may be updated from time to time. This
Site, including all Materials, is copyrighted and protected by worldwide
copyright laws and treaty provisions. You agree to comply with all copyright
laws worldwide in your use of this Site and to prevent any unauthorized copying
of the Materials.
Nothing contained herein will be construed as conferring by
implication or otherwise any patent, industrial design, trademark or other
intellectual property right of Torqbyte or any third party. Torqbyte makes no
representations or warranties that any use of the information contained on this
site will not infringe any patent, industrial design, trademark or other
intellectual property right of any third party(ies).
2. Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. TORQBYTE DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF
ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH
THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE,
STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. GARRETT
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS
IN ANY PORTION OF THE SITE. GARRETT MAY MAKE ANY OTHER CHANGES TO THE SITE, THE
MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN
THE SITE AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILTY. THIS SITE, THE
INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE
SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3. Third Party Sites
As a convenience to you, Torqbyte may provide, on this Site, links to Web sites
operated by other entities. If you use these sites, you will leave this Site.
If you decide to visit any linked site, you do so at your own risk and it is
your responsibility to take all protective measures to guard against viruses or
other destructive elements. Except for third party payment processor sites, Torqbyte
makes no warranty or representation regarding, and does not endorse, any linked
Web sites or the information appearing thereon or any of the products or
services described thereon. Links do not imply that Torqbyte, is affiliated or
associated with, or is legally authorized to use any trademark, trade name,
logo or copyright symbol displayed in or accessible through the links, or that
any linked site is authorized to use any trademark, trade name, logo or copyright
symbol or any of its affiliates or subsidiaries.
4. Information Provided by You
Any information you transmit to this site (excluding personal information which
is addressed in the Privacy Policy), including questions comments or
suggestions will be considered non-confidential and non-proprietary. Torqbyte
does not want you to, and you should not, send any confidential or proprietary
information to Torqbyte via the Site. You agree that any information or
materials that you or individuals acting on your behalf provide to Torqbyte
will not be considered confidential or proprietary. By providing any such
information or materials to Torqbyte, you grant to Torqbyte an unrestricted,
irrevocable, worldwide, royalty-free license to use, reproduce, display,
publicly perform, transmit and distribute such information and materials, and
you further agree that Torqbyte is free to use any ideas, concepts or know-how
that you or individuals acting on your behalf provide to Torqbyte. You further
recognize that Torqbyte does not want you to, and you warrant that you shall
not, provide any information or materials to Torqbyte that is defamatory,
threatening, obscene, harassing, or otherwise unlawful, or that incorporates
the proprietary material of another.
5. Important Notice - Emissions and Other Requirements.
Federal, state or provincial laws, rules and regulations in the U.S., Canada or
elsewhere may prohibit the removal or modification of components that were
installed on motor vehicles or engines by the original equipment manufacturer
in order to meet emissions requirements or to comply with safety regulations
applicable to engines or vehicles manufactured for use on public roads. Removal
of such components and installation of Torqbyte products may be illegal and
considered to be emissions-related tampering under applicable laws, rules and
regulations. Motor vehicles or engines equipped with Torqbyte products may not
be used on public roads, as installation of such Products could cause the
vehicles or engines to be non-compliant with applicable emissions and/or safety
standards.
6. Important notice - effect on other warranties.
Installation of Torqbyte products (or similar products from other
manufacturers) on a motor vehicle or engine may void, reduce or otherwise
adversely affect any warranties given by the manufacturer or seller of the
vehicle, engine or other component parts. Torqbyte shall not be liable for any
such adverse effect on such other manufacturers\' or sellers\' warranties.
7. Limitations of Damages
In no event shall Torqbyte be liable to any person or entity for any direct,
indirect, special, consequential or other damages (including, without
limitation, any lost profits, business interruption, loss of information or
programs or other data on your information handling system) that are related to
the use of, or the inability to use, the content, materials, and functions of
the site or any linked website, even if expressly advised of the possibility of
such damages.
8. Changes
Torqbyte reserves the right, at its sole discretion, to change, modify, add or
remove any portion of this Agreement in whole or in part, at any time without
notice or liability. Changes in this Agreement will be effective when posted.
Your continued use of the Site after any changes to this Agreement are posted
will be considered acceptance of those changes. Torqbyte may terminate, change,
suspend or discontinue any aspect of the Torqbyte Site, including the
availability of any features of the Site, at any time without notice or
liability. Torqbyte may also impose limits on certain features and services or
restrict your access to parts or the entire Site without notice or liability. Torqbyte
may terminate the authorization, rights and license given above and, upon such
termination; you shall immediately destroy all Materials.
9. International Users and Choice of Law
This Site is controlled, operated and administered by Torqbyte from its offices
within the United Kingdom, Torqbyte makes no representation that materials at
this site are appropriate or available for use at other locations outside of
the United Kingdom and access to them from territories where their contents are
illegal is prohibited. You may not use the Site or export the Materials in
violation of UK export laws and regulations. If you access this Site from a
location outside of the United Kingdom, you are responsible for compliance with
all local and other applicable laws.
10. These
Terms of Use, the Privacy Policy, the Limited Warranty, and
Shipping/Returns/Cancellation Policy and any and all other notices and policies
contained on the site constitute the entire Agreement between Torqbyte Injection
and you with respect to your use of the Site and any purchase of Products using
the site. This Agreement supersedes anything in the site inconsistent with this
Agreement. No waiver of any of this Agreement will be deemed a further or
continuing waiver of such term or condition or any other term or condition. Any
cause of action you may have with respect to your use of the Site must be
commenced within one (1) year after the claim or cause of action arises within
Oklahoma County, Oklahoma. If for any reason a court of competent jurisdiction
finds any provision of the Agreement or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to
affect the intent of the Agreement, and the remainder of this Agreement shall
continue in full force and effect.
11. LIABILITY Torqbyte shall not be
under any liability whether in contract or otherwise and whether or not
resulting from our negligence or that of our employees, in respect of defects
in goods supplied or for any damage or loss resulting from such defects. We
shall not be under any liability for damage, loss of expense resulting from
failures to give advice or information or giving the incorrect advice or
information whether or not due to our negligence or that of our employees. In
no event shall any breach of contract on our part (including negligence)
or failure of any time on our part that of our employee give rise to liability
for loss of revenue or consequential