Terms of Use
TERMS OF USE AGREEMENT
The following describes the terms on which you may have access to Focusfreaks.com and its services and membership. If you have any questions about this Agreement, please Contact us.
1. Foundation
Focusfreaks.com is a copyrighted and registered website, and Focusfreaks.com will be referred as Focusfreaks.com.
2. Reservation
All information and pictures on the website of "Focusfreaks.com" is reserved. All finished product that is shipped to a purchaser is reserved and copyrighted. Any duplication, copying, distribution of Focusfreaks.com without a written consent is illegal, and charges will be filed towards the violator(s).
3. Customer Security
Customer(s), users and/or members of Focusfreaks.com must agree to all the Terms and Conditions before using any services provided by Focusfreaks.com
4. Pictures
All pictures may not represent the actual product, the pictures are for advertising purposes only.
5. Information Policies
Information regarding availability of products, prices, phone numbers, emails, etc., are subject to change without notice at all times. Charges, and policies may be changed by Focusfreaks.com at its sole discretion.
6. Inspection
Buyer shall inspect and reconcile all inbound shipments from FOCUSFREAKS.COM within seven (7) working days. Claims for shortages or damaged merchandise must be submitted to FOCUSFREAKS.COM no more than ten (10) working days following Buyer's receipt of shipment.
7. Returns; Defective and Damaged Merchandise
Defective and freight damaged merchandise (but only where FOCUSFREAKS.COM is providing shipment) may be returned to FOCUSFREAKS.COM for full credit, but only upon verification by FOCUSFREAKS.COM of such defect or damage. A Returned Merchandise Authorization ("RMA") form must be filled out by the Buyer and Approved by FOCUSFREAKS.COM. Credit will be issued to Buyer upon receipt of the RMA form and the claim approval from the freight company.
8. Returns; Exchanges; Good Merchandise
Returns of good merchandise may be accepted by FOCUSFREAKS.COM in its sole discretion under the following conditions:
1. Return/Exchange of merchandise in totally re-saleable condition, without markings on the original packaging will be restricted to extraordinary circumstances with prior approval from FOCUSFREAKS.COM. Accepted return will be assessed a 25% restocking charge. Returned part number shall not exceed 15% of total annual purchase quantities.
2. Return/Exchange of merchandise in packaging that has been marked, relabeled or otherwise defaced will be restricted to extraordinary circumstances with prior approval from your FOCUSFREAKS.COM. Accepted return will be assessed a 30% restocking charge, except that FOCUSFREAKS.COM merchandise returned in packaging that has been marked, relabeled or otherwise defaced will be subject to a 40% restocking charge. Returned part number shall not exceed 15% of total annual purchase quantities.
3. Merchandise classified by FOCUSFREAKS.COM as TB (To Be Discontinued), or DC (Discontinued), may not be returned for credit.
4. Merchandise on sales promotion or inventory packages may not be returned for credit.
5. Buyer must pay all return transportation charges.
6. Buyer must obtain and complete an RMA form, issued by FOCUSFREAKS.COM, for any good merchandise return or exchanges.
7. Returns/Exchanges will not be accepted under any circumstances after 15 calendar days after the ship date indicated by FOCUSFREAKS.COM.
8. Any returns for non-fitment or quality issues will require high quality digital pictures of the products to be emailed to the account manager before an RMA is approved.
9. Order cancellations will take up to 48 hours after a cancellation is requested before the order is officially cancelled and money processed for return.
9. User and Member Information
Focusfreaks.com owns any information you provide through your use of the website, including any information regarding your use of the Internet and the website. Subject to the terms of our Privacy Policy, Focusfreaks.com reserves the right to reproduce and use such information for its own marketing or other purposes. Such information will not be sold or otherwise provided to any third party without your consent.
10. Indemnification
You agree to indemnify, defend and hold harmless Focusfreaks.com and any others involved in creating the website, any Content from and against any and all claims, actions, liabilities, costs and expenses arising out of (a) your breach of any provision of this Agreement; (b) your breach of any representation or warranty you provide herein; (c) your posting/processing on the website (d) your use of the website and the services. (e) otherwise arising in any way out of your use of the website and the services. You shall cooperate fully in any defense of such claim. Focusfreaks.com reserves the right to take exclusive control over the defense of any such claim.
11. Trademark
All trademarks, service marks and trade names appearing on this website are the property of their respective owners.
12. If you are affiliated with or working for an Auto Maker including but not limited to Acura, Audi, BMW, Cadillac, Chevrolet, Chrysler, Dodge, Ford, GMC, Honda, Hyundai, Hummer, Infiniti, Isuzu, Jeep, Land Rover, Lexus, Lincoln, Mazda, Mercedes, Mercury, Mitsubishi, Nissan, Pontiac, Porsche, Saab, Saturn, Scion, Subaru, Suzuki, Toyota, Volkswagen (VW) and Volvo., either directly or indirectly, and / or you are in any related group, and / or were formally a worker, and / or an attorney you can not enter this website and cannot go anywhere further on the website and must exit it immediately. You can not access any of its files and you can not view any of the web page files. If you enter this site you are not agreeing to these terms you are violating code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995. According to code 431.322.12 of the Internet Privacy Act you cannot threaten our ISP(s) or any person(s) or company storing these files, and cannot prosecute any person(s) affiliated with this page which includes family, friends or individuals who run or enter this web site.
13. Links to Third Party Websites
This website may include links to other Internet websites. By providing such links, Focusfreaks.com does not recommend and is not liable for any such websites or any content, information, advice, products, services or prices therefore contained on or accessible through such websites. Your access and use of any such third party websites and their content, information, advice, products or services is solely at your own risk. You agree that Focusfreaks.com will not be liable or responsible for any such third party websites or their content, information, advice, products, services or any price, price discrepancy or price change therefore.
14. Warranty Disclaimer
You expressly agree that your use of the website, Content, the services is at your sole risk. THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND FOCUSFREAKS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FOCUSFREAKS.COM DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED ON THE WEBSITE, OR WARRANT THAT THE FUNCTIONS AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE WEBSITE WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE. FOCUSFREAKS.COM IS NOT LIABLE FOR ANY LOSS, DAMAGE, OR DELETION OF ANY USER INFORMATION OR FILES STORED ON OR TRANSMITTED TO OR FROM THE WEBSITE.
15. Limitation of Liability
FOCUSFREAKS.COM SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF: (A) THIS AGREEMENT; (B) YOUR USE OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY; OR (C) UNAVAILABILITY, INACCURACY, LOSS OR DELETION OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE NOTIFIED WHIMIT IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
16. Termination
Focusfreaks.com reserves the right to terminate this Agreement at any time for any reason whatsoever and to revoke any transactions on standby or your membership in Focusfreaks.com and your access to the website, Content, services without prior notice to you.
17. Applicable Law and Consent to Jurisdiction
This Agreement will be governed by and in accordance with the laws of the State of New York, USA without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of Phoenix, Arizona, USA for any cause of action arising out of or relating to this Agreement.
18. Shortened Statute of Limitations
You agree to file any cause of action arising out of or relating to this Agreement and your rights and obligations hereunder in Phoenix, Arizona, USA within one year after the cause of action arises. You agree that any action filed after this date is barred.
19. Right to Change Agreement
Focusfreaks.com reserves the right to change this Agreement at any time. Focusfreaks.com will post a notice of any change to this Agreement on the website. Your continued use of the website after any such change is made constitutes acceptance of and agreement to be bound by the terms of the Agreement as modified. Only Focusfreaks.com can modify the terms and conditions of this Agreement and/or the Credit Schedule.
20. Severability
If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
21. Entire Agreement
This Agreement constitutes the entire agreement between you and Focusfreaks.com and supersedes all proposals and other communications made between the parties, written or oral. This Agreement can only be modified as stated in Section 19 above.