These Terms of Use, together with the terms and conditions set contained in, referred to, and/or linked to herein, are collectively referred to as the “Agreement.” This Agreement is a legal contract between you (“you”) and Professional Awesome LLC. (a corporation incorporated in the state of Indiana, referred to as “Professional Awesome,” “we,” or “us”). This Agreement contains the terms and conditions (“Terms”) that govern your access to and use of Professional Awesome’s services, websites (https://professionalawesome.com), material, products, and programs (collectively, the “Services”), including an agreement to settle any disputes between us through binding arbitration. PRIOR TO ACCESSING OR USING THE SERVICES, PLEASE READ THESE TERMS CAREFULLY.
By accessing and using the Services, you agree to be governed by this Agreement. You may not access or use the Services if you do not agree to the Terms. The Terms fully override all past agreements or arrangements we may have had with you, as well as any content or information you read or get access to in other locations, such as our website, emails, or applications. Professional Awesome may instantly terminate this Agreement or any Services provided to you, or may discontinue offering or denying access to the Services or any portion thereof, for any reason or no reason.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Professional Awesome will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Professional Awesome or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Professional Awesome and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to contract with Professional Awesome, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Professional Awesome retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.
- Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order.
- Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received.
Return Policy
You must contact Professional Awesome and speak with a representative to describe the problem with your item and your reason for requesting a refund. Returns made without authorization will not be accepted. Authorized returns are performed ONLY once the item is received and properly reviewed by Professional Awesome. Professional Awesome maintains the right to decline any request for a return. To qualify for a refund, returned components must be unused, in their original packing, and received by Professional Awesome no later than 30 days after purchase. Bespoke-built items and custom orders are not returnable. Deposits placed to reserve products are non-refundable. Before issuing a refund, returned products are rigorously scrutinized. All returns that are not the result of our fault will be assessed a 20% restocking fee on the entire item purchase price. If an item qualifies for free shipment and is returned, we must charge for the item’s shipping. No shipping charges are refunded on returned merchandise.
Disclaimer, Release and Waiver
It is YOUR duty to maintain the correct operation of your vehicle.
This in no way assures that Professional Awesome will be able to solve any concerns promptly, since Professional Awesome operates on a very tight schedule and your car will require an open time slot.
Due to the nature of vehicle modification and the stresses placed on the vehicle during operation, Professional Awesome LLC will not be held liable for any mechanical or other failure of the vehicle prior to, during, or after the installation of the bought items.
PARTS – MANUFACTURER WARRANTIES ONLY.
Any warranties on any Parts are limited to those expressly granted by the manufacturer of the applicable Part. EXCEPT FOR MANUFACTURERS’ WARRANTIES, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.
OTHER WARRANTIES ARE EXCLUDED: EXCEPT AS EXPRESSLY STATED ABOVE, Professional Awesome DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. Professional Awesome does not take any liability for the services or any parts delivered to the client in conjunction with the services, nor does it permit any other person to do so on its behalf.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Professional Awesome and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Communication Consent; Use of Customer Data.
You fully consent to and agree to receive messages from Professional Awesome through email, text message, phone call, and push notification to the cellular telephone number you supplied to us. You acknowledge that you may receive communications generated by automatic telephone dialing systems and/or that deliver pre-recorded messages sent by or on behalf of Professional Awesome, its affiliated companies, or Technicians, including operational communications about your Account, promotions, and news about us and our Services. You may unsubscribe from receiving text (SMS) communications from us at any time by texting STOP to the mobile device that is receiving the messages. Professional Awesome will collect and store data, including the date and time of the call or text message, the phone numbers used to make the call or text message, and the contents of the text messages. You consent to our using and disclosing this information for legitimate business purposes. Professional Awesome may contact you by email or text message to inform you about services we believe will interest you (“Promotional Emails”). You may unsubscribe from Promotional Emails at any time by contacting us. Professional Awesome may utilize information provided by Customer, such as email addresses, mobile phone numbers, and landline numbers (“Customer Data”), to contact Customer for account-related purposes, such as debt collection, as well as marketing and sales objectives. Additionally, you permit Professional Awesome and its affiliates to use and distribute Customer Data to other parties for any purpose in an anonymized or aggregated manner that does not personally identify Customer.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Professional Awesome and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Professional Awesome.
Indemnity
You agree to indemnify, defend and hold harmless Professional Awesome, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Dispute Resolution.
Any disagreement or claim involving Professional Awesome will be addressed through binding arbitration, not in court. This agreement is governed by the Federal Arbitration Act and federal arbitration law. Arbitration is conducted without a judge or jury, and judicial review of an arbitration ruling is restricted. However, an arbitrator has the same authority as a court to award the same damages and remedies (including injunctive and declaratory relief or statutory damages), and must adhere to the requirements of these Terms of Use in the same way that a court would. To initiate an arbitration process, you must write a letter to Professional Awesome’s Registered Agent/Legal Department seeking arbitration and stating your claim. We each agree that any dispute resolution actions shall take place on an individual basis, rather than as a class, consolidated, or representative action. If a lawsuit is resolved in court rather than via arbitration, we each relinquish our right to a jury trial.
Fees and Expenses of Actions.
In any Action, whether initiated by Professional Awesome or Customer, where the Customer has a right to recover reasonable attorneys’ fees and costs if it prevails, Customer agrees that Professional Awesome shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action if Professional Awesome prevails.
Variation
Professional Awesome shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law/Jurisdiction
These terms and conditions, as well as the transactions envisaged hereunder, will be governed by, and construed in accordance with the laws of the State of Indiana, U.S.A. Any legal or equitable action arising out of or connected to these Terms must be filed exclusively in the courts of the State of Indiana, U.S.A.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Professional Awesome. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Professional Awesome.
CONTACT US
If you have questions or comments about this Terms and Conditions, please contact us at:
Professional Awesome
West Lafayette, IN 47906
765-267-8567
sales@professionalawesome.com