Terms and Conditions

Agreement between User and codionmotorsports.com 

Welcome   to codionmotorsports.com. The codionmotorsports.com website (the   "Site") is comprised of various web pages operated by Codion   Independent Motorsports, LLC ("Codion Independent Motorsports").   codionmotorsports.com is offered to you conditioned on your acceptance   without modification of the terms, conditions, and notices contained herein   (the "Terms"). Your use of codionmotorsports.com constitutes your   agreement to all such Terms. Please read these terms carefully, and keep a   copy of them for your reference. 

codionmotorsports.com is an E-Commerce Site. Selling   custom metal fabricated race car parts for off-road use only.

Electronic Communications 

Visiting codionmotorsports.com or sending emails to   Codion Independent Motorsports constitutes electronic communications. You   consent to receive electronic communications and you agree that all   agreements, notices, disclosures and other communications that we provide to   you electronically, via email and on the Site, satisfy any legal requirement   that such communications be in writing. 

Your 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. You may not assign or otherwise transfer your account to any other   person or entity. You acknowledge that Codion Independent Motorsports is not   responsible for third party access to your account that results from theft or   misappropriation of your account. Codion Independent Motorsports and its   associates reserve the right to refuse or cancel service, terminate accounts,   or remove or edit content in our sole discretion. 

Children Under Thirteen

Codion Independent   Motorsports does not knowingly collect, either online or offline, personal   information from persons under the age of thirteen. If you are under 18, you   may use codionmotorsports.com only with permission of a parent or guardian.

Cancellation/Refund Policy

All postage for   returns and exchanged items will be paid for by consumer within 14 days of   received product. All inquires can be directed to SALES@CODIONMOTORSPORTS.COM

Links to Third   Party Sites/Third Party Services

codionmotorsports.com may contain links to   other websites ("Linked Sites"). The Linked Sites are not under the   control of Codion Independent Motorsports and Codion Independent Motorsports   is not responsible for the contents of any Linked Site, including without   limitation any link contained This is a  Linked Site, or any changes or updates to a   Linked Site. Codion Independent Motorsports is providing these links to you   only as a convenience, and the inclusion of any link does not imply   endorsement by Codion Independent Motorsports of the site or any association   with its operators. Certain services made available via codionmotorsports.com   are delivered by third party sites and organizations. By using any product,   service or functionality originating from the codionmotorsports.com domain, you   hereby acknowledge and consent that Codion Independent Motorsports may share   such information and data with any third party with whom Codion Independent   Motorsports has a contractual relationship to provide the requested product,   service or functionality on behalf of codionmotorsports.com users and   customers. 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a   non-exclusive, non-transferable, revocable license to access and use   codionmotorsports.com strictly in accordance with these terms of use. As a   condition of your use of the Site, you warrant to Codion Independent   Motorsports that you will not use the Site for any purpose that is unlawful   or prohibited by these Terms. You may not use the Site in any manner which   could damage, disable, overburden, or impair the Site or interfere with any   other party's use and enjoyment of the Site. You may not obtain or attempt to   obtain any materials or information through any means not intentionally made   available or provided for through the Site. All content included as part of   the Service, such as text, graphics, logos, images, as well as the   compilation thereof, and any software used on the Site, is the property of   Codion Independent Motorsports or its suppliers and protected by copyright   and other laws that protect intellectual property and proprietary rights. You   agree to observe and abide by all copyright and other proprietary notices,   legends or other restrictions contained in any such content and will not make   any changes thereto. You will not modify, publish, transmit, reverse   engineer, participate in the transfer or sale, create derivative works, or in   any way exploit any of the content, in whole or in part, found on the Site.   Codion Independent Motorsports content is not for resale. Your use of the   Site does not entitle you to make any unauthorized use of any protected   content, and in particular you will not delete or alter any proprietary   rights or attribution notices in any content. You will use protected content   solely for your personal use, and will make no other use of the content   without the express written permission of Codion Independent Motorsports and   the copyright owner. You agree that you do not acquire any ownership rights   in any protected content. We do not grant you any licenses, express or   implied, to the intellectual property of Codion Independent Motorsports or   our licensors except as expressly authorized by these Terms.

International   Users

The Service is   controlled, operated and administered by Codion Independent Motorsports from   our offices within the USA. If you access the Service from a location outside   the USA, you are responsible for compliance with all local laws. You agree   that you will not use the Codion Independent Motorsports Content accessed   through codionmotorsports.com in any country or in any manner prohibited by   any applicable laws, restrictions or regulations. 

Indemnification

You agree to   indemnify, defend and hold harmless Codion Independent Motorsports, its   officers, directors, employees, agents and third parties, for any losses,   costs, liabilities and expenses (including reasonable attorney's fees)   relating to or arising out of your use of or inability to use the Site or   services, any user postings made by you, your violation of any terms of this   Agreement or your violation of any rights of a third party, or your violation   of any applicable laws, rules or regulations. Codion Independent Motorsports   reserves the right, at its own cost, to assume the exclusive defense and   control of any matter otherwise subject to indemnification by you, in which   event you will fully cooperate with Codion Independent Motorsports in   asserting any available defenses. 

Arbitration

In the event the   parties are not able to resolve any dispute between them arising out of or   concerning these Terms and Conditions, or any provisions hereof, whether in   contract, tort, or otherwise at law or in equity for damages or any other   relief, then such dispute shall be resolved only by final and binding arbitration   pursuant to the Federal Arbitration Act, conducted by a single neutral   arbitrator and administered by the American Arbitration Association, or a   similar arbitration service selected by the parties, in a location mutually   agreed upon by the parties. The arbitrator's award shall be final, and   judgment may be entered upon it in any court having jurisdiction. In the   event that any legal or equitable action, proceeding or arbitration arises   out of or concerns these Terms and Conditions, the prevailing party shall be   entitled to recover its costs and reasonable attorney's fees. The parties   agree to arbitrate all disputes and claims in regards to these Terms and   Conditions or any disputes arising as a result of these Terms and Conditions,   whether directly or indirectly, including Tort claims that are a result of   these Terms and Conditions. The parties agree that the Federal Arbitration   Act governs the interpretation and enforcement of this provision. The entire   dispute, including the scope and enforceability of this arbitration provision   shall be determined by the Arbitrator. This arbitration provision shall   survive the termination of these Terms and Conditions. 

Class Action Waiver

Any arbitration   under these Terms and Conditions will take place on an individual basis;   class arbitrations and class/representative/collective actions are not   permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER   ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN   ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN   THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further,   unless both you and Codion Independent Motorsports agree otherwise, the   arbitrator may not consolidate more than one person's claims, and may not   otherwise preside over any form of a representative or class proceeding.

Liability   Disclaimer

THE INFORMATION,   SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE   MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY   ADDED TO THE INFORMATION HEREIN. CODION INDEPENDENT MOTORSPORTS, LLC AND/OR ITS   SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.   CODION INDEPENDENT MOTORSPORTS, LLC AND/OR ITS SUPPLIERS MAKE NO   REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,   AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED   GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT   PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,   SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY   OR CONDITION OF ANY KIND. CODION INDEPENDENT MOTORSPORTS, LLC AND/OR ITS   SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS   INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL   IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR   PURPOSE, TITLE AND NON[1]INFRINGEMENT. TO   THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODION   INDEPENDENT MOTORSPORTS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,   INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES   WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR   PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE   OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,   THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,   SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,   OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT,   TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CODION INDEPENDENT   MOTORSPORTS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY   OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR   LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE   LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF   THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY   IS TO DISCONTINUE USING THE SITE. 

Termination/Access Restriction

Codion Independent   Motorsports reserves the right, in its sole discretion, to terminate your   access to the Site and the related services or any portion thereof at any   time, without notice. To the maximum extent permitted by law, this agreement   is governed by the laws of the Commonwealth of Kentucky and you hereby   consent to the exclusive jurisdiction and venue of courts in Kentucky in all   disputes arising out of or relating to the use of the Site. Use of the Site   is unauthorized in any jurisdiction that does not give effect to all   provisions of these Terms, including, without limitation, this section. You   agree that no joint venture, partnership, employment, or agency relationship   exists between you and Codion Independent Motorsports as a result of this   agreement or use of the Site. Codion Independent Motorsports's performance of   this agreement is subject to existing laws and legal process, and nothing   contained in this agreement is in derogation of Codion Independent   Motorsports's right to comply with governmental, court and law enforcement   requests or requirements relating to your use of the Site or information   provided to or gathered by Codion Independent Motorsports with respect to   such use. If any part of this agreement is determined to be invalid or   unenforceable pursuant to applicable law including, but not limited to, the   warranty disclaimers and liability limitations set forth above, then the   invalid or unenforceable provision will be deemed superseded by a valid,   enforceable provision that most closely matches the intent of the original   provision and the remainder of the agreement shall continue in effect. Unless   otherwise specified herein, this agreement constitutes the entire agreement   between the user and Codion Independent Motorsports with respect to the Site   and it supersedes all prior or contemporaneous communications and proposals,   whether electronic, oral or written, between the user and Codion Independent   Motorsports with respect to the Site. A printed version of this agreement and   of any notice given in electronic form shall be admissible in judicial or   administrative proceedings based upon or relating to this agreement to the   same extent and subject to the same conditions as other business documents   and records originally generated and maintained in printed form. It is the   express wish to the parties that this agreement and all related documents be   written in English. 

Changes to Terms

Codion Independent   Motorsports reserves the right, in its sole discretion, to change the Terms   under which codionmotorsports.com is offered. The most current version of the   Terms will supersede all previous versions. Codion Independent Motorsports   encourages you to periodically review the Terms to stay informed of our   updates.

Contact Us

Codion Independent   Motorsports welcomes your questions or comments regarding the Terms: 

Codion Independent Motorsports, LLC 

Email Address: SALES@CODIONMOTORSPORTS.COM

Telephone number:   2703088600 

Effective as of August 05, 2021