STANDARD TERMS, CONDITIONS, and RESELLER AGREEMENTS
Please read this carefully, as your continued use of the website or submission of orders is implied consent to the terms and conditions 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.)
WELCOME TO MIP!!
Moore's Ideal Products, LLC (MIP) has produced quality tools and model car accessories in the USA since 1978. Our high performance products are widely used in the USA, and with MIP's success at more than six World Championships we have also won a winning reputation internationally. In addition to our amazing product line, MIP offers exemplary customer service to address any/all customer concerns and suggestions at [email protected] or by phone at (626) 339-9007 ext 25 during normal business hours of 6:00 am to 2:30 pm PST Monday thru Friday.
Thank you for choosing MIP!
Eustace Moore, Jr., MIP Founder and CEO
MIP TERMS & CONDITIONS OF SITE USE:
1. Use of the site (including miponline.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. You may not reproduce, copy, distribute, store or in any other fashion re-use material on the Site, unless given express written permission to do so by MIP. 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 the use of graphics, text, and photos represented on our Site or in our press releases.
3. This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites 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: (a) Your name, address, telephone number, and email address; (b) A description of the copyrighted work you claim has been infringed; (c) The exact URL or web address whet the alleged infringing material is located; (d) 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; (e) Your electronic or physical signature or the electronic or physical signature of the person to act on your behalf; and (f) 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 [email protected] Please allow 72 hours for compliance.
6. THE SITE, IT’S CONTENT, AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS 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, IT’S 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 that 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.
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.
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 & PURCHASE POLICY:
1. 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.
2. 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 requires 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.
3. Our Site may link to distributors or local hobby shops or third party merchants to facilitate obtaining MIP products. We are not responsible for any transactions you place directly with them.
4. 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.
5. MIP accepts no returns on current products without written authorization and RMA number, after 30 days. Please note that any shipping and bank fees will NOT be included in any credit/refund resulting from the return. There will be no returns on items we have marked as discontinued, are no longer available on our website, clearance or close out items, allowed and/or accepted by MIP.
6. MIP will not hold unpaid orders past 5 business days, as all accounts are Pre-Paid. Any orders remaining after this time will be restocked and made available to fill subsequent orders. Additionally, if requesting that a current order be held and shipped with pending back orders or a new order (within 10 calendar days), the initial invoice must be paid in full within the allowed 5 days.
7. MIP processes in-stock orders for shipment Monday through Friday. The Customer is responsible for all shipping charges. Back ordered items may be subject to additional shipping charges. Shipments paid by credit card may require a signature.
8. To ensure 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 secure POS platforms to handle your credit card payments.
9. Flat shipping rates apply to orders in the continental USA on orders under $99. Please contact us for shipping rates to all other locations. If charges are applied incorrectly, a corrected invoice will be sent and must be cleared prior to your order being released.
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-in, or other type of order with MIP, you have entered into 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. (b) 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 all warranty claims. Furthermore, MIP reserves the right to change or modify this warranty without notice and disclaims all other warranties, express or implied. (c) Limitations include but are not limited to the following: MIP MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, ABOUT NON-INFRINGEMENT, MERCHANTABILITY, OR THE 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. (d) Purchaser Remedy for Defective Product- MIP's sole obligation hereunder shall be that MIP will, upon verification and at its discretion, (i) repair or (ii) replace, any Product determined by MIP to be defective. MIP reserves the right to inspect any and all equipment involved in a warranty claim. 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 and an RMA number provided by MIP before shipment, with shipping costs to be covered by the Purchaser.
12. Damage Limits: MIP SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, AND/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. Furthermore, 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.
MAP (Minimum Advertised Price) POLICY: MIP requires EVERY type of Reseller purchasing MIP Products from any source to adhere to MIP’s MAP Policy found on our website’s home page. This policy outlines any advertising rules, restricting prices advertised online, or in print, to be at or above minimum advertised price on all current MIP Products. MAP for each product, in addition to the MSRP list price, can be found for each product on our website, titled MAP Price. Be sure to review the MIP’s MAP Policy to ensure an understanding of these restrictions. MIP MAP Pricing Policy can be found at https://www.miponline.com/MIP-MAP-Pricing If you have any questions, please contact [email protected]
GENERAL ACKNOWLEDGEMENTS: By submitting an order, Customers hereby jointly and severally acknowledges the following:
1. The Customer (inclusive of Business, Principals and Parent Company) has read, fully understands, and agrees to comply with the policies & terms herein and at www.miponline.com and additionally understands that any violation of said terms may result in a termination of my approved status with MIP and revocation of my buying privileges.
2. That the information provided is correct and that there are no omissions that would materially affect this application. That it is the Customers responsibility to give notification to MIP prior to any change in ownership or an intended date to cease operation, and that the Customer will be liable for all debts incurred until MIP has been notified in writing and a new application is received.
3. That placing an order with MIP constitutes doing business in the state of California and is therefore subject to the laws of the State of California.
4. The Distribution Customer authorizes MIP to make any credit inquiries that it finds necessary in connection your credit request, or in the course of review or collection of any credit extended in reliance on this application for review of my company's total financial standing, and I authorize any person or credit reporting agency to compile and release to MIP any information it has or obtains to verify credit standing, and agree this information along with this application will remain the property of MIP whether or not credit is extended. I understand that after commencing into a business relationship with MIP and credit has been granted, it is the sole discretion of MIP to extend, continue or terminate credit at any time.
5. The Distribution Customer authorizes MIP to make any credit inquiries that it finds necessary in connection your credit request, or in the course of review or collection of any credit extended in reliance on your credit references provided for review of my company's total financial standing, and I authorize any person or credit reporting agency to compile and release to MIP any information it has or obtains to verify credit standing, and agree this information along with this application will remain the property of MIP whether or not credit is extended. I understand that after commencing into a business relationship with MIP and credit has been granted, it is the sole discretion of MIP to extend, continue or terminate credit at any time.
(a) In the event that the account becomes delinquent and is turned over to any collection agency or attorney for collection, the Customer agree to pay upon demand all collection fees including but not limited to reasonable attorney fees plus court costs, serving costs and/or any miscellaneous expenses incurred as a result of my failure to pay.
6. The products purchased from MIP via customer purchase order are shipped by a Third Party Carrier pursuant to a shipment contract. As a result, risk of loss and title for such products passes to customer upon MIP's delivery to the carrier. Customer understands that Third Party Carrier claims may take months to resolve and therefore MIP is released from liability as this is not a guaranteed shipment method. Customer purchase order should clearly state if special insurance is required, at your expense, to be applied to your order. In the event customer requests a shipment via Third Party Carrier, customer takes full responsibility for payment to MIP even if the shipment is misdirected, lost or damaged in transit. Customer understands that their account will be adjusted as soon as the claim has been settled.
Moore's Ideal Products, LLC (MIP) reserves the right to change its terms & conditions at will.
FOR RESALE: Any hobby merchandise, tools, or manufactured goods purchased from MIP under this agreement is for resale only unless otherwise agreed to in writing. Shipments to California are subject to sales tax until a signed resale certificate with valid seller’s permit number is obtained for our records via email to [email protected] Once confirmed, there will be no sales tax on your purchases placed using your online MIP Reseller Account. MIP will not retroactively credit sales tax charged before the signed form is received. (Fillable resale certificate may be found at http:// www.boe.ca.gov/pdf/boe230.pdf )
1. MIP CERTIFIED RESELLERS: MIP offers an exclusive business partnership with our select RC hobby store dealers; hereinafter called the MIP Certified Resellers (MCR’s). This partnership will enable, enhance, and ensure that you have our 100% support to add value to your business and generate the profits you deserve from our MIP Brand. Certain qualifications MUST be confirmed in order to be part of this exclusive group including, but not limited to the purchase, installation, and population of our MIP Certified Reseller Display. The paradigm behind this is to create B2C (Business to Consumer) conversations and to have an avail to pertinent data, such as trends, sales cycles, etc.in order to extend MIP’s reach, increase consumer awareness, and generate sales at a reasonable and sustainable margin.
2. MIP DISTRIBUTION WHOLESALERS: MIP works with limited number of Distribution partners in a strategic effort to not only push products through the supply chain, but instead to utilize their expertise in three key areas: obtain unbiased customer feedback, possible product improvements, and lastly, new product ideas to meet the needs of our consumers. This will be achieved through open and unrestricted communication between both parties regarding any and all sell through information including but not limited to buyers’ demographic and sales details, the professional marketing efforts of these partners, and MIP’s commitment to fully support said efforts with competitive margins, requested product training, and constant improvements to our product line.
3. ONLINE RESELLERS: (ONLINE PRODUCT REPRESENTATION REQUIREMENTS) MIP offers the flexibility of no minimum orders but does require its Online Resellers to represent online, the entire selection of current MIP products, allowing customers and dealers to backorder products that are not in your inventory, such that our customers and resellers are kept aware of the full breadth of MIP products available.
TRADEMARK & BRANDING GUIDELINES: Resellers are expected to properly publish online and in print MIP™, MIP CVD™, MIP X-Duty CVD™, RealShocks.com™, MIP Bypass1™, MIP SpeedTips™ and other Trademarks of MIP. MIP is the originator of the constant velocity drive in the RC car marketplace and and has been using the trademark MIP CVD™ in commerce for many decades. MIP advises brands of other drives and axles NOT manufactured by MIP to label them CVA, CV drives, CV axles, CV joints, universals, dogbones, or other non-conflicting terms. Please do not label MIP products generically as “X-Duty or CVDs " without the MIP brand. Please do not label other RC axle and drive products not manufactured by MIP as “CVDs" as this practice causes confusion in the marketplace. Resellers of MIPTM branded products lead the branding and imagery and must assure any published descriptions in print or online follow these branding guidelines such that they are suitable for direct import by dealers, retailers, and advertisers.
INTELLECTUAL PROPERTY & NON-COMPETE: The Reseller shall not do or authorize any third party or partner with any third party to do any act, design, develop, create or manufacture any product which would or might invalidate, compete with, or be inconsistent with any of the Trademarks, Products, or any other Intellectual Property of MIP. Resellers shall promptly and fully notify MIP of any actual, threatened, or suspected infringement in the Worldwide Territory of any of the Trademarks, Products, or any other Intellectual Property of MIP which comes to the Reseller’s notice, and of any claim or threatened claim by any third party that the importation or Sale of Goods into the Territory infringes the Intellectual Property rights of another. In the event the relationship with MIP is terminated, MIP Resellers shall not, for a period of at least one year, be concerned or interested, either directly or indirectly, in the manufacture of any goods or products which compete with any of the MIP Products and Goods.