twistedchoppers.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOUR USE OF twistedchoppers.com.
https://twistedchoppers.com SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998.
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the owners of https://twistedchoppers.com with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing https://twistedchoppers.com and that accessing https://twistedchoppers.com constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities, and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the owners of https://twistedchoppers.com with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing https://twistedchoppers.com and that accessing https://twistedchoppers.com constitutes acceptance.
DISCLAIMER FOR CONTENTS OF SITE
https://twistedchoppers.com disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on https://twistedchoppers.com. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
We assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website or service.
Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.
Customer understands that Twisted Choppers is not the manufacturer of all products purchased by the customer hereunder and the only warranties offered are those of the manufacturer, not Twisted Choppers. All products are sold as-is. In purchasing the products, the customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Twisted Choppers. Twisted choppers and its affiliates hereby expressly disclaim all warranties either express or implied, related to products sold by third parties or affiliates of Twisted Choppers, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement. This disclaimer does not affect the terms of the manufacturer’s warranty if any.
TWISTED CHOPPERS PRODUCTS LIMITED WARRANTY
Twisted Choppers warrants to the original owner that Twisted Choppers branded products are free from defects in materials and workmanship, under normal and intended use, including plating, for a period of 90 days from the original date of purchase. Surface rust can be prevented by proper care and is not covered by this warranty. Twisted Choppers agrees to repair or replace, at Twisted Chopper’s sole discretion, without charge, any Twisted Choppers brand product which is returned to us at the original owner’s expense to Twisted Choppers, 27085 S Tallgrass Ave., Sioux Falls, SD 57108 and which, after examination, shows that said product has failed in normal use due to defects in material and/or workmanship. Such repair or replacement shall not include installation. This express warranty is not applicable to Twisted Choppers products which have been subject to corrosion of the finish due to neglect, chemicals, and/or adverse weather conditions.
Twisted Choppers hereby disclaims all other express warranties. Twisted Choppers hereby disclaims all implied warranties, including warranties of merchantability and use for a particular purpose to the extent the law of the state of sale and federal law allows. Twisted Choppers may use outside manufacturing facilities to provide their products. In this case, the warranty provided is passed through Twisted Choppers to the manufacturer, with Twisted Choppers acting as a sales agent for said products. Twisted Choppers cannot be held liable for damages as a result of failure for a product produced by an outside manufacturer, but will provide the necessary documentation upon request for legal reasons.
Transfer of title of any Twisted Choppers products by the original owner voids the warranty.
This warranty gives you specific legal rights and you may also have other rights under state laws. No warranty or representation by anyone other than Twisted Choppers will be binding by the manufacturer.
Twisted Choppers brand products are not designed to be mounted with any hardware, adapters, etc., other than what is supplied by Twisted Choppers. Brands which are purchased as seconds or blemishes are not eligible for any warranty adjustment.
SHIPPING AND CUSTOMS
By purchasing goods from twistedchoppers.com, you agree that the offer and sale of those goods take place in, and will be governed exclusively by the laws of, the state of South Dakota. You also agree that any legal or equitable claim against Twisted Choppers arising from or related to your purchase must be brought in the city, state or federal courts located in Canton, South Dakota and you consent to the exclusive jurisdiction and venue in such courts. All goods purchased from Twisted Choppers are F.O.B. at our fulfillment center. Title to the goods passes to you at the time of delivery by the fulfillment center to a common carrier.
For all international orders, customers are responsible for all customs and import duties or taxes of the destination country. In addition, international shipping charges will be added at the time of purchase where necessary. Because these duties vary by country, Twisted Choppers cannot determine what these fees will be. For more information, please contact your local customs office.
Orders for in-stock items will leave our warehouse the same day if ordered before 10:00 a.m. CST. Otherwise, orders will ship one (1) business day after placing the order. Shipping will be via UPS OR USPS for small package items. Engines are shipped via freight carrier. Normal shipping time for domestic shipments will be 1-6 business days for standard ground service or 6-10 days for most international shipments. Faster shipping methods will be delivered based on the upgraded shipping service selected. For example, if something is ordered at 2:00 p.m. CST via next day air shipping, the package will arrive 2 business days later for in-stock items. If items are on backorder, an email with an estimated ship date will be sent within 1-2 business days to inform you of the backorder and your right to cancel the order or proceed with the order based on the new estimated ship date. Estimated ship dates are shown within the product listing as “Usually Ships Within X-XX Days” This means the item will likely take this many days prior to leaving our warehouse. Shipping times are in addition to these times.
Orders for motorcycle components will be delivered based on availability and custom manufacturing requirements. Estimated delivery time for most motorcycle components will be to leave our warehouse within 1-2 weeks from ordering. Components requiring custom manufacturing or finishes can take 3-8 weeks for delivery. Estimated ship date will be provided within 1-2 business days of order. Because of the custom nature of our products and orders being produced on an as ordered basis, charges will occur to any credit card at the time of order.
Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of https://twistedchoppers.com, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.
No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the owner of https://twistedchoppers.com.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of https://twistedchoppers.com’s address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner of https://twistedchoppers.com.
Twisted Choppers a Division of Custom Innovations, Inc.
27085 S Tallgrass Ave
Contact Email: firstname.lastname@example.org, All Rights Reserved.