PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
ALL SALES ON THIS WEBSITE ARE FOR PERSONAL USE AND CONSUMPTION ONLY. TORQUE SPORTS AND PERFORMANCE, LLC (“TORQUE SPORTS AND PERFORMANCE”) RETAINS ALL RIGHTS IN ITS TRADEMARKS AND/OR TRADE DRESS.
UNAUTHORIZED RESALE OF TORQUE SPORTS AND PERFORMANCE PRODUCTS IS STRICTLY PROHIBITED WITHOUT PRIOR WRITTEN AUTHORIZATION FROM TORQUE SPORTS AND PERFORMANCE
1. Products, Content, and Specifications. All features, content, specifications, products, and prices of products and services described or depicted on this Website, TORQUE SPORTS AND PERFORMANCE (this “Website” or “this Site”), are subject to change at any time without notice. CatchYourBookkeeper.com (collectively “we” or “us”) operates and owns this Website. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs, and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
2. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. TORQUE SPORTS AND PERFORMANCE will aggressively enforce its rights to the fullest extent of the law.
4. Use of this Website. The viewing, printing, or downloading of any content, graphic, form, or document from this Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including, but not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site, will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
5. Intellectual Property. This Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of TORQUE SPORTS AND PERFORMANCE . TORQUE SPORTS AND PERFORMANCE will aggressively enforce its intellectual property rights to the fullest extent of the law.
6. Equitable relief. You acknowledge that monetary damages may not be a sufficient remedy for the breach of this Agreement, and that TORQUE SPORTS AND PERFORMANCE – shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of the Terms of this Agreement by you, it will not be necessary to prove monetary damages, and irreparable harm will be presumed. You further agree to waive any bond requirement which may be imposed in order for TORQUE SPORTS AND PERFORMANCE – to obtain an injunction against you. TORQUE SPORTS AND PERFORMANCE will aggressively enforce its equitable relief rights to the fullest extent of the law.
7. Trademarks. Certain trademarks, trade names, service marks, and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of TORQUE SPORTS AND PERFORMANCE and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names, and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any TORQUE SPORTS AND PERFORMANCE trademarks, trade names, service marks, or logos displayed on this Website without the written permission of TORQUE SPORTS AND PERFORMANCE, or such other owner. The name TORQUE SPORTS AND PERFORMANCE or any of the Trademarks may not be used in any way, including in any advertising or publicity pertaining to distribution of materials on the Site, without the prior written consent of TORQUE SPORTS AND PERFORMANCE. TORQUE SPORTS AND PERFORMANCE prohibits use of its name or any TORQUE SPORTS AND PERFORMANCE logo or Trademarks as a “hot” link to any non-TORQUE SPORTS AND PERFORMANCE Website, unless establishment of such link is approved in advance by TORQUE SPORTS AND PERFORMANCE in writing. Your use of this Site does not provide you with ownership rights to any Intellectual Property viewed through this Site nor does it waive any TORQUE SPORTS AND PERFORMANCE rights in such information and materials. TORQUE SPORTS AND PERFORMANCE will aggressively enforce its trademark rights to the fullest extent of the law.
8. Linking to this Website. Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules, and regulations. TORQUE SPORTS AND PERFORMANCE will aggressively enforce its linking rights to the fullest extent of the law.
9. Third Party Links. From time to time, this Website may contain links to Websites that are not owned, operated, or controlled by TORQUE SPORTS AND PERFORMANCE or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials, or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk. TORQUE SPORTS AND PERFORMANCE will aggressively enforce its rights regarding Third Party Links to the fullest extent of the law.
10. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. TORQUE SPORTS AND PERFORMANCE will aggressively enforce its rights regarding Inappropriate Material to the fullest extent of the law.
11. User Information. Other than personally identifiable information, which is subject to this Website’s Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. TORQUE SPORTS AND PERFORMANCE will aggressively enforce its User Communications rights to the fullest extent of the law.
12. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TORQUE SPORTS AND PERFORMANCE NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER TORQUE SPORTS AND PERFORMANCE NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. LIMITATIONS OF LIABILITY. TORQUE SPORTS AND PERFORMANCE assumes no responsibility, nor will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL TORQUE SPORTS AND PERFORMANCE OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
14. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.
15. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and TORQUE SPORTS AND PERFORMANCE to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the federal or state courts of the State of Florida. Any action seeking legal or equitable relief arising out of or relating to this Website which is brought in state court will be exclusive to the Circuit Courts in and for Tarrant County Texas. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
17. Indemnity. You agree to indemnify and hold TORQUE SPORTS AND PERFORMANCE and its parents, affiliates (and their franchisees and licensees), subsidiaries, officers, directors, employees, successors, and assigns harmless from any claim, loss, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website, your connection to this Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
18. Domestic Use; Export Restriction. We control this Website from our offices within the United States of America. We make no representation that this Website or its content (including, without limitation, any products or services available on or through this Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so-on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this Website may be downloaded in violation of United States law.
19. General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
20. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions, or if you have any questions or comments, we invite you to contact TORQUE SPORTS AND PERFORMANCE
These Terms and Conditions were last updated on March 31st , 2012.