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Terms of Use

 

AGREEMENT BETWEEN USER AND Superchips

The Superchips Web Site is comprised of various Web pages operated by Superchips.

The Superchips Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Superchips Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Superchips reserves the right to change the terms, conditions, and notices under which the Superchips Web Site is offered, including but not limited to the charges associated with the use of the Superchips Web Site.

LINKS TO THIRD PARTY SITES

The Superchips Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Superchips and Superchips is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Superchips is not responsible for webcasting or any other form of transmission received from any Linked Site. Superchips is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Superchips of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Superchips Web Site, you warrant to Superchips that you will not use the Superchips Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Superchips Web Site in any manner which could damage, disable, overburden, or impair the Superchips Web Site or interfere with any other party’s use and enjoyment of the Superchips Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Superchips Web Sites.

USE OF COMMUNICATION SERVICES

The Superchips Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Superchips has no obligation to monitor the Communication Services. However, Superchips reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Superchips reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Superchips reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Superchips’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Superchips does not control or endorse the content, messages or information found in any Communication Service and, therefore, Superchips specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Superchips spokespersons, and their views do not necessarily reflect those of Superchips.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Superchips OR POSTED AT ANY Superchips WEB SITE

Superchips does not claim ownership of the materials you provide to Superchips (including feedback and suggestions) or post, upload, input or submit to any Superchips Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Superchips, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Superchips is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Superchips’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Superchips WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Superchips AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Superchips WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Superchips WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Superchips AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Superchips WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Superchips AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Superchips AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Superchips WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Superchips WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Superchips WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Superchips WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Superchips OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Superchips WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Superchips WEB SITE.

SERVICE CONTACT : [email protected]

TERMINATION/ACCESS RESTRICTION

Superchips reserves the right, in its sole discretion, to terminate your access to the Superchips Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Superchips Web Site. Use of the Superchips Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Superchips as a result of this agreement or use of the Superchips Web Site. Superchips’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Superchips’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Superchips Web Site or information provided to or gathered by Superchips with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Superchips with respect to the Superchips Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Superchips with respect to the Superchips Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Superchips Web Site are: Copyright 2014 by Superchips Inc. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

WHAT IS COVERED?

This warranty covers any defects in materials or workmanship in any product sold by Superchips or its affiliates through its authorized dealers (“Product”).

HOW LONG DOES COVERAGE LAST?

This warranty lasts for one (1) year from the date of purchase. Coverage terminates if you sell or otherwise transfer ownership of the Product.

WHAT WILL Superchips DO?

Superchips will repair or replace the defective or malfunctioning Product or any defective or malfunctioning part thereof at no charge. This warranty covers parts and labor only. Superchips will reimburse you for all reasonable shipping charges within thirty (30) days of purchase.

WHAT DOES THIS WARRANTY NOT COVER?

This warranty does not cover any problem that is caused by abuse, misuse, acts of God, or improper installation or repair by non-Superchips personnel. This warranty does not cover Products purchased used nor does it apply to new Products purchased through an auction or entities that are not Superchips’ authorized dealers. This warranty does not cover damage to your vehicle. Use of the Product to change the performance characteristics of your vehicle could invalidate the warranty provided by the vehicle manufacturer. Consult your vehicle warranty before using the Product on your vehicle. SUPERCHIPS SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

HOW DO YOU GET SERVICE?

If something goes wrong with your Product during the warranty period, use the following procedure to return the Product to Superchips.

  • Call Superchips’ Customer Service at 1-888-227-2447 Monday through Friday from 8:00 am to 5:00 pm EST to request a Return Authorization (“RA”) number.
  • Mark the outside of the shipping package with the RA number. Packages that are not marked with the RA number will be delayed.
  • Make a copy of your sales receipt. The sales receipt must be from the location where you purchased your Product and must include the name of the business where you purchased the Product and the address of such business. Invoices, credit card statements, or sales receipts from an online payment service company will not be accepted.
  • Send the Product, postage paid, the copy of the sales receipt, a brief written description of the problem, and your contact information to:
  • Superchips, Inc. 1790 East Airport Blvd Sanford, FL 32773 Attn: Include RA number on the outside of the box.
  • We will inspect the Product and either repair it or replace it with a new or rebuilt Product. We reserve the right to use refurbished parts when making repairs.
  • Your Rights Under State Law: This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
  • Product sent into Superchips without an RA number will be severely delayed. Attempts will be made to contact you. After 90 days any product still without a return authorization number will become the property of Superchips.

30 DAY CUSTOMER SATISFACTION GUARANTEE

If for any reason during the first thirty (30) days after your purchase of a new Superchips product (“Product”), you may return it to the place of purchase for a full refund of the purchase price, credit or a replacement Product at the dealer’s discretion. This Guarantee does not apply to products purchased from on-line Internet auctions nor does it apply to Products purchased used. Follow these procedures to get your refund, credit or replacement.

RETURN VEHICLE TO STOCK

If you are returning a handheld programmer, use the programmer to return your vehicle to the stock settings including tuning and all advanced features (e.g. tire height, TPMS, axle gear, rev limiter, etc.) for the vehicle. Instructions are included in the user manual.

PACKING INSTRUCTIONS

  • Put the Product back in its original packaging.
  • Make a copy of your sales receipt. The sales receipt must be from the location where you purchased your product and must include the name of the business, its address, and the part number or description of the applicable Superchips Product. Invoices, credit card statements, or sales receipts from an online payment service company will not be accepted.

Purchased third party, some place other than Superchips, please follow these steps:

  • Return the Product in its original packaging with a copy of the sales receipt to the place of purchase.

Purchased directly from Superchips, follow these steps:

  • Call superchips’ Customer Service department at 1-888-227-2447 Monday through Friday from 8:00 am to 5:00 pm EST to request a Return Authorization (RA) number.
  • Send the Product, postage paid, the copy of the sales receipt, a brief written description of why you are dissatisfied, and your contact info to:
  • Superchips, Inc. 1790 East Airport Blvd, Sanford, FL. 32773 – include RA number on the outside of the box. Please allow up to 6 weeks from the day you send in the product until you have received the refund. Typically refunds are processed fairly quickly but can be delayed due to transit times and other variables beyond our control.
  • Please allow up to 6 weeks from the day you send in the product until you have received the refund. Typically refunds are processed fairly quickly but can be delayed due to transit times and other variables beyond our control.