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Genius Tools: Terms and Conditions

Website Terms of Use 

These Terms of Use are effective as of March 2020 and arebetween you and Genius Tools USA and its corporate affiliates (“the Company”), forthe use of the www.modinjapan.com website (“the “Website”). The terms andconditions set forth in this Agreement constitute the entire agreement betweenthe Company, by and on behalf of its subsidiaries and affiliates, and users ofthe Website. The Company will not be bound by any additional or different termson order forms or other documents that are inconsistent with these terms. Byusing the Website, you signify that you have read, understand and agree to bebound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve theright, at our sole discretion, to change, modify, add, or delete portions of theseTerms of Use at any time without further notice. If we do this, we will postthe changes to these Terms of Use on this page and will indicate at the bottomof this page the Terms of Use's effective date. Your continued use of theWebsite after any such changes constitutes your acceptance of the new Terms ofUse. If you do not agree to abide by these or any future Terms of Use, pleasedo not use or access the Website. It is your responsibility to regularly reviewthese Terms of Use.

Legal Disclaimer

We make no claims as to emission performance for street orhighway use. Some equipment is not sold for street use in any state or countrywhere state or federal regulations prohibit its use. Some items listed in theonline catalog are intended for off road use only. Federal regulations and somestate laws prohibit the removal, modification, or rendering inoperable of anydevice or design element that affects vehicle emission or safety in a vehicleused on public highways. Violation of such laws may subject the owner or userto fines or penalties; we highly recommend you check local and federal laws forcompliance regulations prior to purchasing said parts. Please be aware thatinstallation of performance products may void a manufacturer's warranty coverage,if any, on your vehicle, and that vehicles modified by the use of performanceparts may no longer lawfully be used on public highways. Dealers, installers,and end-users assume all costs and risks associated with the purchase andinstallation of these items. The majority of products sold through our websiteare designed for U.S. vehicle fitment only, and many are restricted based onmake and model year; it is the consumer's responsibility to ensure the productsbeing purchased are compatible with the intended vehicle make, model, year, andcurrent performance application. As most aftermarket products are engineeredfor compatibility with OEM components, the consumer also assumes allresponsibility and risk associated with any potential conflicts or problemsthat may arise from the use of multiple aftermarket products.

Pricing

All pricing is subject to change without prior notice. Wereserve the right to adjust the price of any product sold through the Websiteat any time in our sole discretion. In the event that a product is listed onthe Website at an incorrect price due to a typographical error or error inpricing information received from our suppliers, the Company shall have theright to refuse or cancel any orders placed for the product listed at theincorrect price. The Company shall have the right to refuse or cancel any suchorders whether or not the order has been confirmed and your credit cardcharged. If your credit card has already been charged for the purchase and yourorder is canceled, the Company shall issue a credit to your credit card accountin the amount of the incorrect price.

Intellectual Property

All content on the Website, including but not limited totext, images, icons, graphics, artwork, photographs, trademarks, logos, sounds,music, videos, interfaces, computer codes, and domain names (collectivelydesignated as "Content"), and selection, arrangement, organization,coordination, expression, look and feel, and design of such Content, containedon this Site is owned, controlled or licensed by or to Genius Tools USA or a thirdparty, and is protected by copyright, patent, trade dress and trademark laws,and various other intellectual property rights and unfair competition laws. Allintellectual property associated with such Content, and the rights to saidproperty and Content, belong to and shall remain the sole property of Mod inJapan and its licensors, and may not be used in connection with any product orservice that does not belong to Genius Tools USA. You may not modify, copy, distribute,frame, reproduce, republish, display, post, transmit or sell in any form or byany means, in whole or in part, the Content without the Company’s prior writtenpermission. You may not republish the Content on any Internet, Intranet orExtranet site or incorporate the information in any other database orcompilation.

All trademarks, logos, trade dress and service marks on theWebsite are trademarks of the Company or third parties and may not be copied,imitated, or used, in whole or in part, without the prior written permission ofthe Company.

Copyright Notice

All Site Content is protected by Copyright © 2020 GeniusToolsUSA All rights reserved.

Copyright Infringement

We respect the rights of all copyright holders and in thisregard, we have adopted and implemented a policy that provides for the deletionin appropriate circumstances of content that infringes the rights of copyrightholders. If you believe that your work has been copied in a way thatconstitutes copyright infringement, please provide our Copyright Agent thefollowing information: A physical or electronic signature of a personauthorized to act on behalf of the owner of an exclusive right that is allegedlyinfringed; a description of the copyrighted work claimed to have beeninfringed, or, if multiple copyrighted works at a single online site arecovered by a single notification, a representative list of such works at thatsite; a description of the material that is claimed to be infringing or to bethe subject of infringing activity and that is to be removed or access to whichis to be disabled, and information reasonably sufficient to permit us to locatethe material; your address, telephone number, and email address; a writtenstatement that the complaining party has a good-faith belief that use of thematerial in the manner complained of is not authorized by the copyright owner,its agent, or the law; and a statement that the information in the notificationis accurate, and under penalty of perjury, that the complaining party isauthorized to act on behalf of the owner of an exclusive right that isallegedly infringed.

 

Communications On Internet; Events Beyond Our Control

Use of the Website and the products sold thereon is at yoursole risk and neither the Company nor any of its affiliates, suppliers,employees or agents warrant that the Website will be uninterrupted, timely,accurate, complete or error-free or that errors, if any, will be corrected. Otherthan as required under applicable consumer protection laws, under nocircumstance will the Company be liable for any damages of any kind arisingfrom the use of this Website or the products sold thereon. It is theresponsibility of the user to evaluate the accuracy, completeness or usefulnessof any information, opinion, advice or other content available through theWebsite.

While the Company has endeavored to create a secure andreliable Website, the Company and its affiliates are not responsible for thesecurity of information transmitted via the Internet, the accuracy of theinformation contained on the Website, or for the consequences of any relianceon such information. You must make your own determination as to these matters.The Company is not responsible for failure to receive an order or technicalproblems that may hinder the efficacy of an order. The Company and itsaffiliates shall not be liable for damages as a result of any delay or otherfailure of performance due to causes beyond its reasonable control including,without limitation, acts of God, acts of customer or any of itsrepresentatives, acts of military or civil authorities, fire or other casualty,strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunicationsinterruptions or computer viruses. The Website may be temporarily unavailablefrom time to time for maintenance or other reasons.

Warranties and Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLERISK. ALL INFORMATION APPEARING ON THE WEBSITE IS PROVIDED "AS IS, ASAVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITSCORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANTTHAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THATDEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS.

Some jurisdictions do not allow the limitation or exclusionof certain warranties or conditions, so some of the above exclusions may notapply to you.

The terms of this section shall survive any termination ofthese Terms of Use.

Applicable Law

This Agreement shall be governed and constructed inaccordance with the laws of the State of Nevada, without regard to conflicts oflaw provisions. Sole and exclusive jurisdiction for any action or proceedingarising out of or related to this Agreement which may be brought against Mod inJapan shall be in an appropriate state or federal court located in the state ofNevada. Such exclusive jurisdiction DOES NOT apply to actions brought by Mod inJapan in respect of actions arising from breach of this Terms of Use Agreement,which may be brought by Genius Tools USA in a jurisdiction which it may deem, inits discretion, more appropriate or convenient.

 

Assignment

The Company may assign this Agreement at any time to asubsidiary or parent company or to a successor to its business as part of amerger or sale of substantially all of its assets. You may not assign ortransfer this Agreement. If any provision of this Agreement is held to beunenforceable for any reason, the remaining provisions will be unaffected andremain in full force and effect.

 

Conditions of Use

By visiting or purchasing from Genius Tools USA, you agree toabide by our terms and conditions, including those set forth in these Terms ofUse. Any revisions to these Terms of Use will be posted on this page and anyother page we deem necessary to inform our users of any changes made. Wereserve the right to modify these Terms of Use at any time. Your continued useof the Site following any policy revisions constitutes your acceptance of andagreement with the changes made.

 

Terms of Use - Last Revised: March 1, 2020