PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
- This is a race-only product. It is not legal for sale or use on pollution controlled vehicles that are driven on public streets, roads or highways. Use this product at your own risk.Do not use this product unless and until you (the “Buyer”) have carefully read this Customer Notification and Disclaimer of Liability (this “Disclaimer”). Be sure to abide by all local, state and federal laws, including but not limited to emissions, vehicle safety and traffic laws. It is your responsibility to know what those laws are and how they apply to you. The installation of thisproduct (the “Product”) on your vehicle indicates that you have (a) had the opportunity to inquire about applicable local, state and federal laws and (b) read and understand, and accept all of the terms of, this Disclaimer.This Product is designed and intended solely for legally-organized and sanctioned, closed- course, off-road competition use and is not for use on public streets, roads or highways. This Product is capable of disabling the emissions system on some vehicles. Emission delete products are for the above-mentioned uses only—or where emissions equipment is not required by law. Use on public streets, roads or highways is a violation of federal and certain state(including California) and local environmental laws. Your vehicle will not pass emissions testing if the emissions system has been disabled.On 3 Performance LLC (the “Seller”), shall not be responsible for the Product’s proper installation, use and service. Rather, the Buyer (or, if applicable, the dealer who installs the Product) shall be solely responsible for the installation of the Product and any damage that may be done to vehicle components as a result of modifications made by the Buyer (or the dealer, as the case may be).The Buyer is responsible to fully understand the capability and limitations of his/her vehicle according to manufacturer specifications, warnings and instructions and agrees to hold the Seller harmless from any damage resulting from failure to adhere to such specifications, warnings and/ or instructions. The Buyer is also responsible to obey all applicable federal, state, and local laws when operating his/her vehicle, and the Buyer agrees to hold Seller harmless from any violation thereof.
Consult your vehicle warranty before using this Product. Under no circumstances will the Seller be liable for the voidance of the Buyer’s vehicle warranty. Rather, the Buyer assumes all risk and responsibility if an automotive manufacturer and/or dealer voids the Buyer’s vehicle warranty due to use of this Product.
Operate your vehicle at all times in a safe manner. In no case will the Seller be held liable, and the Buyer assumes all risk and responsibility, for any property damage, personal injury and/or death that may occur in the event the Buyer operates the vehicle in an unsafe manner or violates the law.
Please check your local, state and federal laws to determine if you are within your rights to modify your vehicle’s emissions system. The Seller hereby disclaims any representation or warranty, express or implied, that the use of this Product will comply with local, state, or federal emission levels, noise levels or safety standards. Furthermore, if the emissions system on your vehicle is disabled, the Seller hereby expressly warns you that use of the vehicle on public streets, roads and highways (or for any use other than legally-organized and sanctioned, closed- course, off-road competition use) is illegal. The Buyer assumes all responsibility for such use and legal compliance.
The buyer hereby assumes all risks associated with the use of this product and waives all liability claims against the seller of any kind or nature, including liability forpenalties, fines, property damage, personal injury or death, to the fullest extent permitted by law. Additionally, buyer acknowledges and agrees that seller is not liable for and hereby excludes any and all indirect, incidental, special or consequential damages relating to the product(s) covered by this disclaimer.
The Seller’s warranty for this Product, if any, may give you specific legal rights, and you may also have other rights which may vary from state to state. Pertinent state law shall control for what period of time following the sale a consumer may seek a remedy under the implied warranty of merchantability or fitness for a particular purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you.
This disclaimer is a material condition of seller’s willingness to sell the product to buyer. This waiver must be signed (or electronically accepted)and returned prior to purchase of all products purchased on this website. By accepting the terms of this Disclaimer, you are also (a) certifying that your use of this Product will at all times be limited to lawful off-road competition uses consistent with the terms of this Disclaimer and (b) consenting to the disclosure of your identity to any governmental entity responsible for regulating emissions and/or enforcing emissions laws.
In the event that the buyer accepts but subsequently determines that he/she will not be able to comply with the terms of this disclaimer, the buyer may promptly return this product, in a new and unused condition, with a dated proof of purchase, to the place of purchase within fourteen (14) days from date of purchase for a full refund.
If you do not agree to these terms whatsoever, do not accept the terms and condition and the purchase will be void.
WARNING: This is a RACE ONLY product manufactured and sold for installation on vehicles to be used solely for competition purposes, which, once installed, may never be used, or registered or licensed for use upon a public road or highway. If you install this part on your vehicle and use that vehicle on a public road or highway, you will be considered in violation of the Clean Air Act and personally subject to a civil penalty of $4,454.
WARNING: This product can expose you to Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to – www.P65Warnings.ca.gov
California Residents: We do not offer shipping to CA on a majority of our products. If you attempt to order a product on the website, it will be refunded within 5 business days to your account and No Product Will Be Shipped!
- The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of On 3 Performance. The collective work includes works that are licensed to On 3 Performance. Copyright 2014, On 3 Performance ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with On 3 Performance or purchasing On 3 Performance products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with On 3 Performance or to purchase On 3 Performance products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by On 3 Performance. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
- All trademarks, service marks and trade names of On 3 Performance used in the site are trademarks or registered trademarks of On 3 Performance
- This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, On 3 Performance disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. On 3 Performance does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. On 3 Performance does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
- On 3 Performance shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if On 3 Performance has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- In the event that a On 3 Performance product is mistakenly listed at an incorrect price, On 3 Performance reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. On 3 Performance reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, On 3 Performance shall issue a credit to your credit card account in the amount of the incorrect price.
- These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by On 3 Performance without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
- On 3 Performance may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to On 3 Performance.
- Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of On 3 Performance products shall be in the state or federal courts located in Franklin County, Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of On 3 Performance products) must be commenced within one (1) year after the claim or cause of action arises. On 3 Performance’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. On 3 Performance may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
- Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a On 3 Performance or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
- On 3 Performance does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, On 3 Performance is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, On 3 Performance reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to On 3 Performance in its sole discretion.
- You agree to indemnify, defend, and hold harmless On 3 Performance, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
- In an attempt to provide increased value to our visitors, On 3 Performance may link to sites operated by third parties. However, even if the third party is affiliated with On 3 Performance, On 3 Performance has no control over these linked sites, all of which have separate privacy and data collection practices, independent of On 3 Performance. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, On 3 Performance seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Discounts and Coupon Code Restrictions
- Coupon codes must be used and entered at the time of purchase. Coupon codes and discounts cannot be applied to orders that have already been processed. Many coupon codes are one time use only and cannot be used with other coupon codes or other discounts. Many items such as custom order parts, used original parts, Fabricated one-off custom parts and kit are discount exempt. Most our coupon codes are for online orders only and are not for use with phone ordering. We have many kits listed that are already at discount prices so please do not wait on a sale or coupon code, order your parts today!!