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Terms and Conditions

 EVOMS.com 

eComm Rules & Compliance 

<<\/>> Evolution MotorSports was founded in 1997 by Todd Zuccone. The company remains to this day a family operated business. We are respect our customers and offer the following policies and procedures to allow smooth business transitions online via the EVOMS.com eCommerce site.

Terms & Conditions

Conditions of Use

If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit <<\/>> EVOLUTION MOTORSPORTS or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of <<\/>> EVOLUTION MOTORSPORTS or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of <<\/>> EVOLUTION MOTORSPORTS, with copyright authorship for this collection by <<\/>> EVOLUTION MOTORSPORTS, and protected by international copyright laws.

TRADE MARKS

<<\/>> EVOLUTION MOTORSPORTS’ trademarks and trade dress may not be used in connection with any product or service that is not <<\/>> EVOLUTION MOTORSPORTS’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits <<\/>> EVOLUTION MOTORSPORTS. All other trademarks not owned by <<\/>> EVOLUTION MOTORSPORTS or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by <<\/>> EVOLUTION MOTORSPORTS or its subsidiaries.

LICENSE AND SITE ACCESS

<<\/>> EVOLUTION MOTORSPORTS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of <<\/>> EVOLUTION MOTORSPORTS. This license does not include any resale or commercial use of this site or its contents: any collection and use of any photographs, product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of <<\/>> EVOLUTION MOTORSPORTS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of <<\/>> EVOLUTION MOTORSPORTS and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing <<\/>> EVOLUTION MOTORSPORTS’ name or trademarks without the express written consent of <<\/>> EVOLUTION MOTORSPORTS. Any unauthorized use terminates the permission or license granted by <<\/>> EVOLUTION MOTORSPORTS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of <<\/>> EVOLUTION MOTORSPORTS so long as the link does not portray <<\/>> EVOLUTION MOTORSPORTS, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any <<\/>> EVOLUTION MOTORSPORTS logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. <<\/>> EVOLUTION MOTORSPORTS and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. <<\/>> EVOLUTION MOTORSPORTS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant <<\/>> EVOLUTION MOTORSPORTS and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant <<\/>> EVOLUTION MOTORSPORTS and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify <<\/>> EVOLUTION MOTORSPORTS or its associates for all claims resulting from content you supply. <<\/>> EVOLUTION MOTORSPORTS has the right but not the obligation to monitor and edit or remove any activity or content. <<\/>> EVOLUTION MOTORSPORTS takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from <<\/>> EVOLUTION MOTORSPORTS are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

<<\/>> EVOLUTION MOTORSPORTS and its associates attempt to be as accurate as possible. However, <<\/>> EVOLUTION MOTORSPORTS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by <<\/>> EVOLUTION MOTORSPORTS itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY <<\/>> EVOLUTION MOTORSPORTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. <<\/>> EVOLUTION MOTORSPORTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, <<\/>> EVOLUTION MOTORSPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. <<\/>> EVOLUTION MOTORSPORTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM <<\/>> EVOLUTION MOTORSPORTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. <<\/>> EVOLUTION MOTORSPORTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting <<\/>> EVOLUTION MOTORSPORTS, you agree that the laws of the state of Arizona, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and <<\/>> EVOLUTION MOTORSPORTS or its associates.

DISPUTES

Any dispute relating in any way to your visit to <<\/>> EVOLUTION MOTORSPORTS or to products you purchase through <<\/>> EVOLUTION MOTORSPORTS shall be submitted to confidential arbitration in Arizona, USA, except that, to the extent you have in any manner violated or threatened to violate <<\/>> EVOLUTION MOTORSPORTS’ intellectual property rights, <<\/>> EVOLUTION MOTORSPORTS may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to <<\/>> EVOLUTION MOTORSPORTS. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

The above information is incomplete and subject to change. For more information regarding official policies and information visit www.EVOMS.com or contact us at Info@EVOMS.com. Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our office at 480.317.9911 or you can email us at: Info@EVOMS.com

<<\/>> Evolution MotorSports Shipping and Handling Policy
<<\/>> Evolution MotorSports periodically offers free shipping on select orders. All products are shipped from either <<\/>> Evolution MotorSports or drop shipped from other distributors. All products are shipped via UPS or FedEx. Special arrangements may be required for international orders and oversize packages.

<<\/>> Evolution MotorSports Return & Exchange Policy
<<\/>> Evolution MotorSports allows returns within 30 days of original invoice date. Returned items must be unused and are charged a restocking fee of 15%. Shipping, handling and customs fees are non refundable. The customer is responsible for all return shipping charges including customs fees and claims.

<<\/>> Evolution MotorSports Accepted Methods of Payment
<<\/>> EVOMS.com accepts PayPal, cashier's checks, money orders, bank transfers and all major credit cards including: Visa, MasterCard, Discover and American Express.

The above information is incomplete and subject to change. For more information regarding official policies and information visit www.EVOMS.com or contact us at Info@EVOMS.com