Ilmor Engineering, Inc. Terms of Use

Effective Date: May 23, 2018

Welcome to this site, app, or other online service operated by Ilmor Engineering, Inc. (U.S.A.) and Ilmor Engineering, Ltd. (U.K.). These Terms of Use (the “Terms”) apply to any web site, app, or other online service that posts a link to these Terms (collectively the "Site"). Throughout the Site, the terms "Ilmor," "we," "us" and "our" refer to Ilmor Engineering and any affiliated or subsidiary companies along with their directors, officers, employees, agents, independent contractors and representatives. Ilmor offers the Site, including all information, tools and services available from the Site, to individuals on the condition that all of these Terms of Use are accepted (individually, “you,” “your,” or "User" and, collectively, “you” or "Users").

These Terms are binding, and you agree that you will comply with these Terms.  The act of accessing or using the Site signifies your consent to these Terms without limitation or qualification. You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to qualify under, abide by, and comply with these Terms. If you do not agree to these Terms, you should not use the Site. 

Ilmor has the right to modify these Terms, and all contents of the Site at any time in our sole discretion. Your continued use of the Site following the posting of any changes indicates your understanding of and agreement to such changes.

The Site may contain links to goods, services, or content that are not under our control, including third-party websites or apps where products may be available for purchase. These links are provided as a convenience, and Ilmor has not necessarily reviewed all of the subject matter available at the linked location and is not responsible for it, or for any goods, services, content, or products that may be offered. Inclusion of links to other websites or apps should not be viewed as an endorsement of the content of linked websites or apps, and different terms and conditions may apply to the use of any linked websites, apps, or purchases made at those locations. Ilmor is not responsible for the content of those websites, apps, or services or any losses, damages, or other liabilities incurred as the result of the use of any of the websites, apps, goods, services, content or products referenced on the Site. Some Ilmor products are offered for sale by independent dealers or third-party retailers, and the purchase of any such product is subject to the terms and conditions of the applicable sale, lease, or retail installment contract or other form of agreement.

Privacy Policy

We have a Privacy Policy that applies to the Site and is considered part of these Terms. It contains important information about the ways that we collect, use, and share information about you. We encourage you to read it so that you will understand your choices concerning protection of your personal information.

Information Disclaimer

Information presented on the Site is for informational purposes only. Ilmor makes every effort to ensure the accuracy of the information contained in this web site. However, no warranties or representations are made regarding the accuracy of the information, and no liability or responsibility is assumed for any errors or omissions in its contents. Due to possible changes in specifications, Ilmor reserves the right to change products, availability, prices and styles at any time without prior notice or obligation. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.

Regardless of any information presented on the Site, Ilmor reserves the right, without prior notice, to discontinue products and services, including models, parts, accessories, and other items, or to change specifications at any time without incurring any obligations. Information on the Site does not constitute a binding offer to buy or sell any products or services or to make any products or services available in your area. Ilmor also does not represent or warrant that job opportunities depicted or mentioned on the Site are currently available. Information on the Site regarding job openings does not constitute a binding offer of employment.

Standards of Conduct

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose; or
11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

Online Store

User Account: The Site may provide the opportunity for you to create a user account to transact with the online store on the Site (a “User Account”).  You may only create and hold one User Account, and you may not use anyone else’s User Account. Certain information is required by Ilmor for you to establish a User Account. When we request information from you to create a User Account, you must provide Ilmor with accurate and complete information. You also must update your account when information you have provided to us changes. You may do so either through the account section on the relevant Site or by contacting us at privacy@ilmor.com. Ilmor may use the information you provide in creating a User Account as set forth in its Privacy Policy and other provisions of these Terms.

You are responsible for maintaining the confidentiality of your User Account authentication credentials such as your account login names and passwords, and you must not permit use of your User Account by anyone else. You accept responsibility for all activities that occur under your User Account. If you have reason to believe that an unauthorized person is using or has accessed your User Account, please contact us immediately at privacy@ilmor.com. We are not responsible for any loss or damage resulting from unauthorized use of your User Account.

The Site provides various mechanisms to disable or delete your User Account. For many of our sites you can log in to your User Account and disable or delete your account through the account settings. In some instances, Ilmor may retain some of the associated account information for reporting or regulatory purposes after a User Account has been disabled or deleted. Ilmor has the right to terminate access to your User Account at any time, without notice, in our sole discretion for any or no reason, including but not limited to inactivity or misuse. If access to your User Account is terminated, you may lose access to any information stored in connection with your User Account, and any promotional account credits and any other forms of value that may be associated with your User Account. Upon termination, these Terms shall continue to apply to any other use of the Site that you are permitted to make.

Product Availability and Pricing: Not all products are available in all models and colors. When you order a product, the price will be made clear during the order process. All prices are in U.S. Dollars. You agree to pay the price that is stated in your order, as well as any applicable taxes and shipping expenses, where applicable. While we try to provide accurate pricing information on the Site, a price stated on a Site occasionally may be in error. If we discover such an error, we will attempt to notify you using the contact information provided in connection with your order, and we will give you the choice to cancel your order or pay the correct price.

Product Descriptions: We try to be accurate when we describe and depict products on the Site. However, we cannot guarantee that images we provide will be displayed properly on your device, or that our product descriptions and images will always be complete, reliable, current and error-free. If you purchase a product from the Site that you believe is not as described or depicted, you may return it to the extent provided in the applicable return policy [link].

Discounts and Promotions: The specific terms of any discounts or other promotions are stated at the time they are offered. Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order.

Ordering: When you click the “Place Order” button on the Site, you make an offer to buy the relevant products. While we may confirm receipt and processing of orders by email, such confirmation does not constitute our acceptance of your order. We cannot guarantee that all items displayed on your order confirmation will be in stock at the time your order is shipped. We reserve the right to reject or cancel any order, in whole or in part, at any time prior to shipping. If we do, we will attempt to notify you using the contact information provided in connection with your order. You agree not to place orders through the Site if we have notified you that you are prohibited from placing orders through the Site.

Payment: We accept only the payment methods indicated on the Site. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.

Shipping to our Retail Customers:  Please view our shipping policies [link] for further details on Ilmor’s shipping policies.

Returns: Please view our Returns and Exchanges policy [link] for further details on Ilmor’s Return and Exchanges policies. 

Intellectual Property

All content of our Web Site is the copyrighted material of Ilmor or the appropriate contributor, and is protected by United States and international copyright, trademark and other applicable laws. Our web site includes content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of Ilmor or other third parties. Nothing contained in our web site grants any license or other right to any Ilmor intellectual property or any third party's intellectual property.

We may make Intellectual Property available through the Site to dealers and other third parties with whom we have additional agreements in place. In some cases, those materials are subject to separate agreements or terms, which may be posted on the relevant Site, or require separate authentication credentials.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ilmor, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 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.

If you cause any technical disruption of the Site or the systems transmitting the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Ilmor reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with Ilmor in defense of such matter.

Jurisdiction

These terms may be revised or updated on occasion, with the revised terms taking effect as of the date of posting. Ilmor controls and operates this site from its corporate headquarters facility in Plymouth, Michigan, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable laws. This web site describes products that are not available worldwide. These terms are governed by the laws of the State of Michigan, without regard to its conflicts of law provisions in other locations.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

How to Contact Us

If you have any questions or comments about these Terms of Use or the Site, please contact:

• info@ilmor.com
• (844) 464-5667 or 734-456-3600
• Ilmor Engineering, Attn: Legal Department, 43939 Plymouth Oaks Blvd, Plymouth, MI 48170