TERMS OF USE

Effective date: September 1, 2018

Welcome to the Windy City Engineering Inc. and Windy City Engine and Parts, Inc. (collectively referred to herein as the “Companies”) Website (“Site”). The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively herein the “Terms of Use”) identify what you, a user of the Site (“you” or “User”) can expect from the two Companies. The Companies provide access to the Site and all other services, products and software to you subject to the notices, terms, and conditions set forth in the Terms of Use. The terms are applicable to both Companies.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. USE OF THE SITE IS PROVIDED SUBJECT TO THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY AS CREATING AN ACCOUNT, LOGGING IN TO AN ACCOUNT, PLACING AN ORDER, ACCESSING, BROWSING OR OTHERWISE USING THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SITE.

USE OF THE SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the Terms of Use, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of the Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

USE OF MATERIAL ON SITE

The information, art work, graphics, text, or pictures (collectively, “Materials”) contained on the Site are protected by copyright laws and are the sole property of the Companies. You may not modify or use the Materials for any other purpose without the Companies’ express written consent. You may use the Materials and all other content of this Site only for the purpose of shopping on the Site or placing an order on this Site and for no other purpose. No Materials or other content from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the Companies’ prior written consent. All rights not expressly granted herein are reserved. Any unauthorized use of the Materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

INTELLECTUAL PROPERTY OWNERSHIP

All content included on this website, including, without limitation, information, photographs, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips, data compilations, trade names, trademarks, service marks, logos, and domain names are the property of the company or others used and/or licensed by the company and are protected by copyright and trademark laws. The company and/or its licensors reserve any rights not expressly granted herein.

SITES LINKED FROM THE SITE

Any sites linked from the Site are not under the Companies’ control, and the Companies do not assume any responsibility or liability for the operation of, or content, communications, material available at or through, or any such linked sites. The Companies do not intend links on the Site to be referrals or endorsements of the linked entities, and are provided for convenience only.

PRICING, INVENTORY AND TYPOGRAPHICAL ERRORS

Despite our best efforts, occasionally products at our Site may be mispriced or the product description, photo or stock status may be inaccurate. In the event a product listed on the Site is mispriced, the stock status is inaccurate or the product description contains errors, the Companies shall at their sole discretion have the right to refuse and/or cancel any order for said product. If the correct price of an item is higher than our stated priced, we will, at our discretion, either contact you for instructions before shipping the item or we will cancel your order and notify you of the cancellation. If you have been billed and your order is subsequently canceled, the Companies will promptly issue a refund of the amount billed via the same form of payment used on the original transaction.

DISCLAIMER AND LIMITATION OF LIABILITY AS TO SITE

THE SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. THE COMPANIES EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS OPERATION, CONTENTS, INFORMATION, AND MATERIALS. THE COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE COMPANIES, THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS AND, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS AND/OR BUSINESS RESULTING FROM THE AFOREMENTIONED CONTAINED ON THE SITE OR THE LACK THEREOF AVAILABLE ON THE SITE. THE COMPANIES SHALL HAVE NO LIABILITY FOR:

a. ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY THEIR
ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND THEIR CONTROL, IN PROCURING, COMPILING, OR DELIVERING SERVICES, INFORMATION OR DATA ON THE SITE;

b. ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE SERVICES, INFORMATION OR DATA ON THE SITE, REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE SERVICES, INFORMATION OR DATA; OR

c. ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SERVICES, INFORMATION OR DATA FURNISHED HEREUNDER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD

YOU UNDERSTAND THAT THE COMPANIES ARE NOT THE MANUFACTURER OF CERTAIN PRODUCTS PURCHASED BY CUSTOMER HEREUNDER AND THE ONLY WARRANTIES OFFERED ARE THOSE OF THE MANUFACTURER, NOT THE COMPANIES OR THEIR AFFILIATES. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES AND OTHER REPRESENTATIONS, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE COMPANIES ARISING FROM ANY PRODUCTS PURCHASED FROM THE COMPANY SHALL BE THE LESSER OF THE PRICE OF THE PRODUCTS PURCHASED OR $10,000.00. IN NO EVENT SHALL THE COMPANIES, THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND/OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD. THIS IN NO WAY AFFECTS THE TERMS AND CONDITIONS OF THE MANUFACTURER’S WARRANTY ON ANY PRODUCT SOLD, IF ANY. PRODUCTS OFFERED BY THE COMPANIES ARE NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR SYSTEMS OR OTHER APPLICATIONS IN WHICH FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. USE IN ANY SUCH APPLICATIONS IS AT USER’S SOLE RISK. YOU ACKNOWLEDGES THAT NO REPRESENTATIVE OF THE COMPANIES ARE AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE COMPANIES OR ANY OF THEIR AFFILIATES THAT IS NOT IN THIS AGREEMENT AMENDING SELLER’S WARRANTY.

PASSWORD AND ACCOUNT SECURITY

You are solely responsible for all access to and use of the Site by anyone using the login and password assigned to you whether or not such use of this site is actually authorized by you, including without limitation, all communications, orders, transmissions and all other obligations incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the login and password assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.

ORDER ACCEPTANCE AND PAYMENT POLICY

Your receipt of any electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. The Companies reserve the right at any time after receipt of your order to accept or decline your order for any reason. We do our best to ship all orders complete but we reserve the right to supply less than the quantity you ordered of any item. Unless other arrangement have been made in writing between you and the Companies, payment is required before your order will be shipped. Payment may be made by credit card or debit card (Visa, MasterCard, American Express, Discover) issued in the United States by a U.S. financial institution or any other payment method the Companies may choose to accept at our sole discretion. The Companies reserve the right to refuse any payment made in any form at our sole discretion. Orders with a value exceeding $10,000 (U.S. Dollars) may require written pre-approval with an acceptable method of payment as determined solely by the Companies. We may require additional verification or information before accepting any order or form of payment.

TITLE/RISK OF LOSS

The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately revoke any or all of your rights granted under the Terms of Use. Upon such action, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all login and passwords issued to you and deny your access to and use of this Site in whole or in part. Any revocation shall not affect the respective rights and obligations, including without limitation payment obligations, of the parties arising before the date of termination.

NOTICES

User consents to receive electronic communications from the Companies, whether addressed to the e-mail address associated with such User’s account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on the Site satisfies any legal requirement that such communications be made in writing.

MODIFICATION

If we decide to change our Terms of Use or other policies, we will post the changes to the Terms of Use and other places we deem appropriate so that you are aware of the current Terms of Use. We reserve the right to modify our Terms of Use at any time so please review them frequently.

EXPORT TERMS

If any Products purchased are being purchased for purposes of export, it is the User’s sole responsibility to appropriate export documentation from the United States Government before shipping to a foreign country. User agrees that it will not divert, use, export or re-export such items contrary to United States law. User expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, North Korea, Sudan, and Syria. User also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List. In addition, manufacturer warranties for exported goods may vary or even be null and void. The Companies, its shareholders, directors, officers, employees, agents, attorneys, and/or representatives shall not be liable in any way relative to the exportation of Products purchased from the Companies.

DISPUTES, APPLICABLE LAW AND JURISDICTION

Any dispute arising out of or related to these Terms of Use or the sales transactions between you and the Companies shall be governed by the laws of the State of Illinois, without regard to its conflict of laws rules. Except for claims for injunctive relief by either party, you and the company agree that any dispute or controversy arising out of, in relation to, or in connection with the Terms of Use, your use of the Site or sales transactions between the Companies and you shall be finally settled by binding arbitration in Chicago, Illinois under the then current rules of American Arbitration Association (AAA) including the AAA’s Supplementary Procedures for Consumer-Related Disputes.

All aspects of the arbitration shall be considered confidential and shall not be disclosed or disseminated by any party except as reasonably required to prosecute its claim or assert its defense to any such claim. The Arbitrator shall be required to issue prescriptive orders as may be required to enforce and maintain this covenant of confidentiality during the course of the arbitration and after the conclusion of same so that the results and the underlying data, information, materials and other evidence are forever withheld from public dissemination with the exception of this subpoena by a court of competent jurisdiction in an unrelated proceeding brought by a third party.

You agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the company that is more than one year after the date of the applicable sales transaction invoice.

CLASS ACTION WAIVER

You agree that no arbitration proceeding hereunder shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

SEVERABILITY

If any terms or conditions of the Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions. Any term or condition of the Terms of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

INDEMNIFICATION

YOU RELEASE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANIES, THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, ATTORNEYS OR AGENTS FROM ALL DAMAGES, LIABILITIES AND EXPENSES (AND LEGAL COSTS, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, COURT COSTS, EXPENSES AND SETTLEMENTS RESULTING FROM ANY ACTION OR CLAIM) ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITE, CONTENT AND SERVICES PROVIDE BY THE COMPANIES; ANY MISUSE OF YOUR PASSWORDS AND ANY VIOLATIONS OF THESE TERMS OF USE. THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS OF USE.

ADDITIONAL TERMS AND CONDITIONS

The policies and guidelines located throughout the Site are incorporated by reference into the Terms of Use.

No waiver by the Companies of any breach of a provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver by the Companies shall be effective unless made in writing. You may not assign your rights or obligations under these Terms of Use, in whole or in part, without the prior written consent of the Companies. Subject to the foregoing restriction, any assigned agreements will be binding on, inure to the benefit of, and be enforceable against the applicable parties and their respective successors and assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Companies as a result of these Terms of Use or of your use of the Site. You acknowledge and agree that the Companies’ affiliates shall be third party beneficiaries to the Terms of Use and that such affiliates shall be entitled to directly enforce, and
rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. No other person or company shall be a third party beneficiary of these Terms of Use.

ACKNOWLEDGMENT

The Terms of Use, including without limitation all documents referenced herein, represents the entire understanding between User and the Companies regarding User’s relationship with the Companies and supersedes any prior statements or representations. Headings used are for reference only and shall not affect the meaning of any terms or conditions.

OUR CONTACT INFORMATION

Please send all questions regarding our Terms of Use, including requests to begin an arbitration proceeding, in writing to the address set forth on this Site.

CONTACT US

If there are any questions about any of conditions please contact us.