M O O R E ' S   I D E A L   P R O D U C T S  L L C             Since 1978              Race Proven World and National Champions!
  

 

MIP Standard Terms & Conditions for Site Use, Privacy, Sales.

 

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Please read this carefully, as your continued use of the website or submission of orders is evidence that you have consented to the terms below. 

Due to continuing changes in the legal, practical, and technical aspects of protecting your privacy, this policy will be updated periodically. Please check back here from time to time, especially before you provide your personal information via the website, so that you are always up to date on this important issue.

MIP Standard Terms & Conditions for RFQ Quotations and Manufacturing Sales

MIP Standard Terms & Conditions for Wholesales

MIP TERMS OF SITE USE:

  1. Use of the site (including miponline.com and realshocks.com and other related subdomains, services and other sites and tools linked to miponline.com, collectively, the "Site"), is understood to be as is.  No part of this Site is intended to constitute advice and the content of this Site should not be relied upon when making any decisions or taking any action of any kind.  All rights are reserved. 
  2. Original equipment manufacturer names and part numbers are quoted for reference purposes only and are not intended to suggest that our replacement parts are made by the original equipment manufacturer. The content, trademarks, tradenames, logos, service marks, and other intellectual properties are the sole property of MIP or other owners and protected by U.S. and international intellectual property laws. As to third party intellectual property, unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyrights and trademarks, in product images and descriptions belong to the owners, manufacturers or distributors of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Site or unless given express written permission to do so by the relevant owner.  Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable intellectual property laws and could result in criminal and civil penalties.  MIP reserves the right to limit use of graphics, text, and photos represented on our Site or in our press releases.
  3. This Site may contain links to other web sites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
  4. If you are a copyright owner and you believe the use of your images on this site is infringing in any way, please contact us immediately. We will promptly comply with any takedown demand so long as the demand meets the requirements of the DMCA. At a minimum, any removal request is required to include at least the following: (1) Your name, address, telephone number, and email address; (2) A description of the copyrighted work you claim has been infringed; (3) The exact URL or web address whet the alleged infringing material is located; (4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; (5) Your electronic or physical signature or the electronic or physical signature of the person to act on your behalf; and (6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright holder’s behalf. All DMCA notices must be emailed to webmaster@miponline.com.  Please allow 72 hours for compliance.
  5. By using this Site, you agree to indemnify, hold harmless and defend MIP, its subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (I) your use or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. MIP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  6. THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, MIP DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  7. Limitation of Liability. IN NO EVENT SHALL MIP, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY MIP, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MIP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MIP, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO MIP IN CONNECTION WITH THE APPLICABLE PRODUCT, PROMOTION OR SALE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MIP, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF MIP.
  8. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
  9. International Use. We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  10. Risk of Loss. The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
  11. Choice of Law and Forum. These Terms of Use and any dispute of any sort that might arise between you and MIP or its parent, subsidiaries or affiliates shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in Los Angeles County, California; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
  12. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, and the Online Sales and Purchases Policy, constitute the entire agreement between you and MIP with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MIP with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MIP to act with respect to a breach by you or others does not waive MIP's right to act with respect to subsequent or similar breaches.  The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.  Failure or delay of MIP to enforce any of its rights under this agreement shall not, in any way nor under any doctrine, diminish or otherwise limit MIP’s rights to enforce those same rights at a later date or other rights under this agreement.

 

 

MIP PRIVACY POLICY:

  1. Our Mailing list will only include information on new products, updates, and special promotions. Any information we collect about you is used to respond to your requests, support products and services, and to determine your satisfaction.
  2. We will not sell, trade, publish, share, or otherwise circulate any of your personal information to anyone except as described in this privacy policy.
  3. MIP employs a range of security measures and, except to complete a transaction or purchase, will not forward your information to third parties without your consent. Only information necessary for processing orders is requested by PayPal or our current payment system. We use the incredibly secure PayPal server to handle your credit card information securely. PayPal takes care of the transaction over its secure servers and we never even see your financial information at all. Both parties are protected in the transaction by PayPal's protection. We have integrated with PayPal as it provides the strongest level of security to you.
  4. We may permit certain trusted third parties to access your information in connection with their performance of services to maintain and operate the Site and certain features on the Site. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
  5. We also may use a Sitemap generator tool, such as Google, which collects your requests for pages and passes elements of them to search engines to assist them in indexing this site. We only control the configuration of the tool that directs the information sent to the search engines.
  6. We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
  7. If you use a comment board, blog or any other publicly accessible area of the Site, you should be aware that any personally identifiable information you submit there can be read, collected or used by any person for any purpose. We are not responsible for the personally identifiable or other information you choose to submit in these forums.
  8. We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

 

MIP ONLINE SALES & PURCHASES POLICY:

  1. We encourage you to support your local hobby shop for the best pricing and expert onsite support. While we may offer product for sale through our Site, it is generally at full retail pricing.
  2. Age Restrictions. Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
  3. Safety Precautions: MIP sells tools and sophisticated hobby products that are NOT INTENDED TO BE USED AS TOYS BY CHILDREN UNDER THE AGE OF 14. They must be operated with caution and common sense and require some basic mechanical ability. Failure to operate MIP products in a safe and responsible manner could result in injury or damage to the Product or other property. MIP Products are not intended for use by children without direct adult supervision. MIP Product manuals, set-ups and instruction sheets contain instructions for safety, operation and maintenance. It is essential to read and follow all the instructions and warnings in the instructions, prior to assembly, setup or use, in order to operate correctly and avoid damage or injury. ANY BAG, BOX, LABEL, INSERT, OR OTHER PACKAGING WITH MIP GOODS AND PRODUCTS IS NOT A TOY AND MUST BE KEPT AWAY FROM CHILDREN UNDER THE AGE OF 14.
  4. Our Site may link to distributors or local hobby shops or third party merchants such as Cafe Press to facilitate you’re obtaining our products. We are not responsible for any transactions you place directly with them.
  5. There may be advertising errors, typographical errors, or price changes which are beyond our control. MIP maintains no responsibility for these kinds of inadvertent errors or supplier price changes and we reserve the right to make price changes as necessary.
  6. There may be a 15% re-stocking fee on all returned or canceled orders. No returns on any opened items, special orders, or electronic merchandise. No returns, without written authorization, or after 30 days. No returns on items we have marked as discontinued, are no longer available on our website, clearance or close out items.
  7. MIP processes in-stock orders for shipment Monday through Thursday only. Shipping charges are non-refundable. Back ordered items may be subject to additional shipping charges. Shipments paid by credit card may require a signature. Customer is responsible for all shipping charges.
  8. To insure the security of the card holder, we do thorough address verification on all credit cards. If we cannot verify the address, we cannot ship the order. First time customers can only ship orders to the verified billing address of the credit card holder. We use the incredibly secure PayPal server to handle your credit card information securely. PayPal takes care of the transaction over its secure servers and we never even see your financial information at all. Both parties are protected in the transaction by PayPal's protection.
  9. If a flat shipping and handling fee is stated, it applies to shipments to continental USA addresses only. Please contact us for Hawaii, Canada, and International orders as additional fees may apply.
  10. Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MIP reserves the right at any time after receipt of your order to accept or decline your order for any reason. MIP reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust your invoice accordingly. MIP may require additional verifications or information before accepting any order. Once you have placed an online, phone order, or other type of order with MIP, you have entered in a contract to purchase and your credit card will be charged immediately. Orders do not always ship the same day. If you need priority delivery then please contact us by phone for immediate attention.
  11. Limited Warranty - MIP warranties that the Products purchased (the "Product") will be free from defects in materials and workmanship at the date of purchase by the Purchaser. (a) This warranty is limited to the original Purchaser ("Purchaser") and is not transferable. REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER. This warranty covers only those Products purchased from MIP or an authorized MIP distributor or dealer. Third party transactions are not covered by this warranty. Proof of purchase is required for warranty claims. Further, MIP reserves the right to change or modify this warranty without notice and disclaims all other warranties, express or implied. (b) Limitations- MIP MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, ABOUT NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT. THE PURCHASER ACKNOWLEDGES THAT THEY ALONE HAVE DETERMINED THAT THE PRODUCT WILL SUITABLY MEET THE REQUIREMENTS OF THE PURCHASER’S INTENDED USE.  (c) Purchaser Remedy- MIP's sole obligation hereunder shall be that MIP will, at its option, (I) repair or (ii) replace, any Product determined by MIP to be defective. In the event of a defect, these are the Purchaser's exclusive remedies. MIP reserves the right to inspect any and all equipment involved in a warranty claim. Repair or replacement decisions are at the sole discretion of MIP. This warranty does not cover cosmetic damage or damage due to acts of God, accident, misuse, abuse, negligence, commercial use, or modification of or to any part of the Product. This warranty does not cover damage due to improper installation, operation, maintenance, or attempted repair by anyone other than MIP. Return of any goods by Purchaser must be approved in writing by MIP before shipment.
  12. Damage Limits: MIP SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY CONNECTED WITH THE PRODUCT, WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, OR STRICT LIABILITY. Further, in no event shall the liability of MIP exceed the individual price of the Product on which liability is asserted. As MIP has no control over use, setup, final assembly, modification or misuse, no liability shall be assumed nor accepted for any resulting damage or injury. By the act of use, setup or assembly, the user accepts all resulting liability. If you as the Purchaser or user are not prepared to accept the liability associated with the use of this Product, you are advised to return this Product immediately in new and unused condition to the place of purchase.

 

 

 

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