The network of Web Sites (collectively, the 'DDM Tuning Web Sites') operated by Apexcone, DDM Tuning or its affiliates or subsidiaries, is comprised of various Web sites and Web pages. The DDM Tuning Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DDM Tuning Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular DDM Tuning website included within the DDM Tuning Web Sites network may also be subject to additional terms outlined elsewhere on that website (the 'Additional Terms'). Additionally, the DDM Tuning Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular DDM Tuning website, then these terms shall control.
Certain products, including HID Kits and certain headlights which are approved for the European market but vary from the American market parts are for race use only and do not have DOT (Department of Transportation) approval. Any misuse of said product is done so at the buyers own risk, DDM Tuning is not responsible for any complaints, fines, or damages done for driving on public roads with non DOT approved parts.
NONE of the graphics contained within our site may be altered, recolored, resized, etc., unless specifically linked to our product page for use of promotion via pre-approved website, not for other vendors or commercial use.
IF YOU COPY OUR PRODUCT PHOTOS, MODIFY THEM IN ANY WAY SHAPE OR FORM, AND USE THEM UNAUTHORIZED ON ANY WEBSITE, YOU WILL BE CONFRONTED AND BE ASKED TO REMOVE ALL STOLEN MATERIALS, IF OUR REQUEST IS NOT TAKEN SERIOUSLY, YOU WILL BE CONFRONTED WITH A CEASE AND DESIST LETTER. ANY FURTHER ACTION REQUIRED WILL NOT BE TAKEN LIGHTLY.
DDM Tuning reserves the right to change the terms, conditions, and notices under which the DDM Tuning Web Sites are offered, including but not limited to the charges associated with the use of the DDM Tuning Web Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the DDM Tuning Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the DDM Tuning Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with DDM Tuning or to purchase DDM Tuning products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of DDM Tuning is strictly prohibited.
Harassment in any manner or form on the Site or any of the DDM Tuning Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a DDM Tuning employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of DDM Tuning. The collective work includes works that are licensed to DDM Tuning. Copyright 2009. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the 'Marks') are trademarks or registered trademarks of and are proprietary to DDM Tuning, or other respective owners that have granted DDM Tuning the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
DDM Tuning respects the intellectual property of others, and we ask our users and visitors to do the same. DDM Tuning will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ('DMCA') and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, DDM Tuning will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DDM Tuning the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit DDM Tuning to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to:
DDM Tuning, Legal Department
Jonathan R. Preston, Esq.
24910 Las Brisas Road, Ste 102
Murrieta, CA 92562
By fax: (951) 461-6884
By Email: email@example.com
(Please include 'Notice of Infringement' in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DDM TUNING THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TYPOGRAPHICAL ERRORS AND INVOICE MODIFICATIONS.
In the event a DDM Tuning product or service (including shipping) is listed at an incorrect price due to typographical errors or errors in pricing information received from our suppliers, DDM Tuning shall have the right to modify, refuse or cancel any orders placed for product or service listed at the incorrect price. DDM Tuning shall have the right to modify, refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DDM Tuning shall issue a credit to your credit card account in the amount of the incorrect price. If there are additional costs owed due to the invoicing errors, DDM Tuning will contact the customer about paying the additional costs.
OEM Parts are packaged according to manufacturer specs and we may find that the weights and resulting shipping costs associated with a particular item are listed incorrectly for those items. If this is the case, DDM Tuning reserves the right to contact the customer and give you a corrected quote for shipping. If the customer agrees, we will bill or refund you for any difference. If you refuse the quote, the order will be cancelled and your purchase for those item(s) will be refunded to your original form of payment. Cash payments are refunded by check at the discretion of store managers. Checks are distributed from San Diego and mailed by first class mail. Please judge delivery times accordingly. Processing is within 2 business days.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by DDM Tuning without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
DDM Tuning does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, DDM Tuning is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, DDM Tuning reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to DDM Tuning at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by DDM Tuning in accordance with DDM Tuning's Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ('Communications') will be considered non-confidential and non-proprietary. DDM Tuning will have no obligations with respect to the Communications. DDM Tuning and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
USER CHAT ROOMS/BLOGS.
DDM Tuning may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. DDM Tuning, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the 'External Sites'). However, even if the third party is affiliated with DDM Tuning, DDM Tuning has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DDM Tuning. DDM Tuning has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that DDM Tuning sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, DDM Tuning seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of DDM Tuning products and/or each claim or statement comparing the effectiveness of DDM Tuning products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
DDM Tuning makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. DDM Tuning does not filter advertisements or other content that children may view through our sites or 'hot-linked' sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DDM TUNING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DDM TUNING DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DDM TUNING DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. IN NO EVENT SHALL DDM TUNING BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DDM TUNING HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless DDM Tuning, its owners, officers, directors, employees, agents, licensors and suppliers (collectively the 'Provider') from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of DDM Tuning products) shall be in the state or federal courts located in San Diego County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of DDM Tuning products) must be commenced within one (1) year after the claim or cause of action arises. DDM Tuning's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. DDM Tuning may assign its rights and duties under this Agreement to any party at any time without notice to you. DDM Tuning makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
By using this Site, you agree that DDM Tuning, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Apexcone and DDM Tuning accept payments by Wire Transfer, Credit Cards, Paypal and Cash in United States Currency. Apexcone and DDM Tuning will NOT accept Money Orders or accept orders for COD Delivery. Money Orders received will be returned. COD Orders by phone or Purchase Order will be rejected and the customer will be contacted to arrange other payment methods in compliance with this policy.
Buyers should be aware that Apexcone and DDM Tuning take customer fraud VERY seriously. Ordering merchandise and filing a chargeback will result in Apexcone/DDM Tuning adding fees of 35% to your balance which will become due again on a successful chargeback and your account will be subject to interest fees from the date of shipment. Additionally ALL chargebacks will be sent to our collection agency for full pursuit of collection. This WILL result in your credit history being marked as a Collection Account by the collection agency. Collections stay on your credit report for up to 10 years even if the collection is paid and will have a lasting and drastic effect on your credit scores. This will affect your ability to obtain credit, employment, education and many other desirables. In some cases, Apexcone/DDM Tuning may pursue additional legal remedies through the court system of California and/or your state of residence. WE TREAT FRAUD AS A VERY SERIOUS CRIME AND WILL TAKE ANY AND ALL STEPS TO RECOUP PAYMENT. We have a very lenient warranty and return policy. If you are unhappy with a product, we encourage you to take advantage of these programs and to maintain the security of your credit card and PayPal accounts. Security of your financial accounts is your responsibility NOT OURS. Chargebacks will be fought and successful chargebacks will be sent for collection and/or legal action without exception.
Apexcone and DDM Tuning hereby notify the customer that unpaid balances on their account are subject to a 2% interest charge per month for accounts that are not paid at the time of shipment/local delivery. These interest charges will be due on the 1st day of each calendar month and are compounding. Please ensure that your account is paid in full at the time you pickup your merchandise (local orders) or at the time of shipment for internet or phone orders. Interest will also accrue from the date of delivery or shipment for any balance that becomes payable due to a customer chargeback. Note that other charges and fees may also apply to chargebacks. See our section on CUSTOMER CHARGEBACKS for more information. Accounts will continue to accrue interest until all original charges, fees and interest are paid. Interest of 2% will be calculated on the open balance at 9am Pacific Time on the first business day (Monday - Friday) of each month, excluding holidays observed by Apexcone, DDM Tuning or the United States Postal Service.
DDM Tuning may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.