Terms and Conditions
TERMS OF SALE
All prices and descriptions on this site are subject to change without notice. Wicked Grips is not responsible for any errors on the site.
TERMS AND CONDITIONS OF SALE
All Sales and Purchase Orders (the “Agreement”) made by Wicked Grips, are made expressly subject to these additional terms and conditions. You, by the purchase of a product from Wicked Grips, denote your acceptance of these Terms and Conditions of Sale (“Agreement”). The terms “You” or “Purchaser” means you the original purchaser of the product, your agents, beneficiaries, or heirs:
1. Shipping Methods. All Product sold by Wicked Grips are F.O.B. Davison, Michigan, prepaid and added to Purchaser’s charge. Purchaser is responsible for all shipping, handling, insurance costs, and all taxes, duties, clearance charges, and any other fees as applicable.
2. Returns. All sales are final. Wicked Grips may, at our discretion, make an exception in which case a restocking charge of 20% of the purchase price plus shipping will be charged. Any and all returns must be authorized via email and returns must be accompanied by, and will only be accepted with, a Return Merchandise Authorization number (RMA) issued by Wicked Grips.
3. Pricing. All prices are subject to change without notice.
4. Payment. Wicked Grips accepts the following forms of payment: Visa, MasterCard, and American Express.
5. Warranty Disclaimer and Limitation of Liability. a. Wicked Grips MAKES NO EXPRESS WARRANTIES RELATED TO THE PRODUCT EXCEPT FOR THOSE SPECIFICALLY CONTAINED IN THIS AGREEMENT AND THE WARRANTY ACCOMPANYING THE PRODUCT SOLD, IF ANY. NO OTHER STATEMENT OR REPRESENTATION SHALL BE CONSIDERED AS A PART OF THE BASIS OF THE BARGAIN BETWEEN Wicked Grips AND PURCHASER. Wicked Grips EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE TOTAL LIABILITY, IF ANY, OF Wicked Grips AND THAT OF ITS OFFICERS, MEMBERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES TO PURCHASER FOR DAMAGES WITH RESPECT TO THIS AGREEMENT AND THE PRODUCTS SOLD SHALL NOT EXCEED THE PURCHASE PRICE. IN NO EVENT SHALL Wicked Grips, ITS OFFICERS, MEMBERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES HAVE ANY LIABILITY FOR PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC DAMAGES, LOST PROFITS OR REVENUES. THE LIMITATIONS AND EXCLUSIONS IN THIS PARAGRAPH SHALL APPLY TO ALL CLAIMS OF EVERY NATURE, KIND AND DESCRIPTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. DAMAGES AS LIMITED BY THIS PARAGRAPH IS PURCHASER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT THAT ANY OTHER REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
6. Modification and Waiver. No waiver or modification of the Sale Agreement, Contract, or Purchase Order shall be valid unless it is in writing and signed by Wicked Grips. Furthermore, any waiver by either party of any breach of any provision of this contract shall not operate or be construed as a waiver of any subsequent breach.
7. Assignment or Delegation. You may not assign or delegate this agreement or any of your rights hereunder without the express written consent of Wicked Grips, which can be withheld at our sole discretion.
8. Relationship of the Parties. The relationship of the parties is solely that of Purchaser and seller and nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or employment relationship.
9. Severability. If any provision, paragraph or subparagraph of this Agreement is adjudicated by any Court to be void and unenforceable in whole or in part, such adjudication shall not be deemed to affect the validity of the remainder of the Agreement, including any other provision, paragraph or subparagraph. Each provision, paragraph or subparagraph of the Agreement is declared to be separable from each other provision, paragraph or subparagraph and constitutes a separate, distinct covenant.
10. Governing Law. This agreement shall be subject to and governed by the laws of the State of Michigan. Should for any reason the arbitration clause of this Agreement be declared invalid, You agree that any claim or dispute arising out of or related to this agreement is to be brought exclusively pursuant to the terms of Paragraph 12. Dispute Resolution below, but should Paragraph 12 not be effective for any reason, You agree that any claim or dispute arising out of or related to this agreement is to be brought exclusively in the appropriate State Court located in Genesee County, Michigan. Purchaser agrees to submit to such jurisdiction and that such jurisdiction is convenient. Should You bring a claim in any court other than one of proper jurisdiction within Genesee County Michigan, You agree to pay all reasonable costs and expenses, including attorneys’ fees, incurred by Wicked Grips in staying, dismissing or transferring venue of such other proceedings.
11. Force Majeure. Wicked Grips will not be deemed to be in default or otherwise responsible for delays and failures in performance resulting from acts of God; acts of war or civil disturbance; delays in shipping; epidemics; governmental action or inaction; fires; earthquakes; unavailability of labor, materials, power, or communication; or other causes beyond Wicked Grips’s reasonable control.
12. Dispute Resolution. YOU AND WICKED GRIPS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. You agree that any Dispute between You and Wicked Grips will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before one arbitrator in accordance with the Federal Arbitration Act 9 USC 1 et seq, and will be limited solely to the Dispute between You and Wicked Grips. All statute of limitations that would otherwise be applicable in a judicial action brought by a party will apply to the arbitration. In the arbitration, the parties agree that the law for the State of Michigan shall apply and that the arbitration shall be in Genesee County, Michigan. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than AAA, the arbitrator will award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that You would have had a right to litigate disputes through a court, and that You have expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration. For the purposes of this section, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (ii) the purchase or use of any product, accessory, service or otherwise from Wicked Grips. Information may be obtained from the AAA on line at http://www.adr.org/, by calling 1-800-778-7879 or writing to 1633 Broadway, 10th Floor New York, New York 10019.13.
13. Reservation of Rights. Wicked Grips expressly reserves all rights and remedies which are available to it at law or equity, including but not limited to rights and remedies set forth in the Uniform Commercial Code.
14. Third Party Beneficiaries. This Agreement will not confer any rights or remedies on any third party, other than the parties to this Agreement and their respective successors and permitted assigns.
15. Titles. Titles and headings to articles, sections, or paragraphs in this Agreement are inserted for convenience of reference only and are not intended to effect the interpretation or construction of the agreement.
16. Agreement to Govern. Any purchases by Purchaser are governed by this Agreement and this Agreement shall prevail over any contrary or inconsistent terms contained in any order, website, estimate, shipment or invoicing document of either party, unless expressly incorporated herein on the face of this Agreement.
17. Complete Understanding. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties with respect to the subject matter hereof.
USE OF SITE
This website is provided solely for the use of current and future customers of Wicked Grips to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate
1. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
1. unauthorized use or disclosure of private, personally identifiable information of others; or
2. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are the property of Wicked Grips and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, Wicked Grips does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this website is at your sole risk. Neither Wicked Grips, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Wicked Grips does not warrant reliability of any statement or other information displayed or distributed through the site. Wicked Grips reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Wicked Grips may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. Wicked Grips MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Wicked Grips EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT Wicked Grips AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL Wicked Grips OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER Wicked Grips OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Wicked Grips, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Wicked Grips may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Wicked Grips. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Wicked Grips. Wicked Grips does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Wicked Grips. Links do not imply that Wicked Grips or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Wicked Grips or any of its affiliates or subsidiaries. Except for links to information authored by Wicked Grips, Wicked Grips is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Wicked Grips reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Wicked Grips makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Genesee County, Michigan for any disputes with Wicked Grips arising out of your use of this site.
This Agreement constitutes the entire agreement between Wicked Grips and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Wicked Grips with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Wicked Grips does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Wicked Grips solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” “Place Order”, or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.