- All installs require a 50% deposit of total labor amount at the time of, or in advance of scheduling the work.
- All installs requiring an alignment will be charged the base rate of the alignment plus any cost in addition to the alignment that are necessary or required to complete alignment as close to specifications as allowed by lift kit size, tire size or wheel size.
- Our alignments are performed by outside professional alignment businesses at their respective locations.
- All Tire & Wheel mounting and balancing are performed by outside professional businesses at their respective locations. Any mounting and balancing are charged according to the tire size, wheel size and amount of labor required to balance the tire to specifications. Not all Tires and Wheel combinations will balance to a factory ride. Consideration has to be taken regarding size and type of tire. Many large aggressive type tread tires to not always balance to a factory type ride.
- Any cancellation of the install services, once they are scheduled, will warrant a 20% cancellation fee based on the total amount of install charge. This cancellation fee is in addition to the other policies as written and noted on our website.
Although Top Gun Customz hand-picks each manufacturer for their quality and craftsmanship, we do understand that even the best business practices may still allow a faulty item to pass through. If this rare occasion falls into your purchase, we apologize. If you (the customer who purchased products from Top Gun Customz) have any issues or problems with the product not working or functioning as intended, our Customer Service Representatives want to help.
All purchases through Top Gun Customz do retain all manufacturer’s warranties. Please contact us and provide your order number, what product is defective and a brief description of the problem. We will happily contact the manufacturer of your product and obtain an RGA number. This is the returned goods authorization number needed by the manufacturer to recognize what is being returned and why.
You (the customer) may be asked to ship the product back to the manufacturer via your choice of carrier, or to provide photos of the damaged of defective product. Please retain your tracking information so you can confirm delivery receipt at the manufacturer. Once the manufacturer determines if the product is defective, they will advise you, the customer, of their findings and process the warranty claim accordingly. Each manufacturer has their own set of rules regarding returns. Please contact us and we will confirm their policy with you.
All above information has been stated to provide some understanding to the process involved in fulfilling a warranty claim. Top Gun Customz will adhere to all policies and procedures produced by the manufacturers whose products we carry and sell. No statement here will at anytime overwrite the policies or procedures provided by said manufacturers.
All Road Armor products are warranted to the original purchaser at the time of purchase and for the lifetime of the product after the purchase date against any structural defects. We warrant to you, the original purchaser, that our products and all parts and components are free of defects in material or workmanship. The word "defects" as used in this warranty is defined as any imperfections which impair the use of the product for which it was intended. Our warranty is expressly limited to the replacement or repair of such products and components, and Road Armor will have a reasonable amount of time to remedy said defect.
This warranty applies under conditions of normal and proper use. The warranty does not cover defects caused by improper assembly or disassembly defects occurring after purchase due to intentional damage, product modifications, and exposure to the elements, misuse, abuse or negligence and labor or assembly costs. Road Armor will warranty the powder coating for a period of 90 days from the ship date. After the 90 day period Road Armor will not warranty the finish of our products due to exposure of natural elements, and normal wear-and-tear.
All implied warranties, including the warranty of merchantability shall not extend beyond the duration of the written warranty stated above. This warranty is non-transferable. Road Armor's liability is expressly limited to the costs of material for repair or replacement of defective goods and in no event will Road Armor be liable for incidental or consequential damages resulting from use/misuse of the product.
Any claims made under this warranty must be accompanied by the original damaged product, and written description of the damage and how it happened, and a copy of the original invoice at the time of purchase. The customer is responsible for all shipping charges in warranty claims. Once the warranty claim is approved Road Armor will fix or replace the product at no additional charge.
Terms and Conditions of Sale
Full Payment is due at time of order unless prior arrangements have been made. Payments may be made by VISA / MasterCard / American Express or Discover. Road Armor incurs considerable time and money once an order transaction has been received and placed in production planning. Please know all orders except customs orders are subject to 15% cancellation fee immediately after order confirmation. The receipt of the deposit or written Purchase Order, if on open account, constitutes the agreement and acknowledgement of the required cancellation fee of 15% if Road Armor chooses.
All drop ship or freight-call customers or with credit terms from Road Armor have 24 hours to modify or cancel a Purchase Order from the time it was issued. After 24 hours the Purchase order is non-cancellable, as it will have hit the shop floor for fulfillment. Please make sure you are sure that your customers are aware of our terms and conditions of sale before they order through you. Customers ordering by written purchase order will be invoiced for the 15% cancellation fee. Road Armor will retain the authority to either issue a monetary return of those funds received beyond 15% of the original order or an in-store product voucher.
Please understand that Road Armor will invoice and pursue all costs incurred in the collection of cancellation fees. All lead-times quoted at the time purchase are subject to change without prior notice after the sales transaction has taken place. In the event Road Armor must enact collection proceedings, or litigation relating to the subject matter of this Purchase Order Agreement, the below signing party shall reimburse Road Armor for all reasonable attorney fees and costs resulting there from. By signing the below you are giving Road Armor full authorization to bill your credit or charge account for any resulting charges resulting in the Return or Cancellation of your order as well as additional freight costs. If unit has been modified in any form and/or damaged, resulting in a non-resalable product under Road Armor's standard production model, the order will not be refunded.
Any custom work i.e. (Logo deletion, etc.) requires an up-front 100% payment. Custom orders are non-refundable. All Orders purchased under a sales promotion will have the following sales terms and agreements applied: - Any cancellation prior to shipment will have a 50% cancellation fee of the full retail price of the product.
All non-proprietary Road Armor products are dropped shipped from a third party vendor. Road Armor cannot be held liable for delays in shipping, backordered items, or a substitution of a similar product if the original item has become unavailable. All promotional packages are while supplies last.
Additional Freight Surcharge Policy
Road Armor does its best to provide accurate freight quotes at the time of sale. We rely on you "the customer" to provide us with accurate details of the delivery point of your requested shipment. All of our freight quotes are given with the notice that the address being provided is either a residence or business with a forklift or shipping dock. We have also had customers be untruthful as to the nature of the address being provided which has resulted in additional fees being charged to the shipment by the carrier. Based on the above; Road Armor reserves the right to charge you "the customer" additional fees associated with the surcharges passed onto us from the freight carrier for your order. This includes limited access fees, residential delivery fees, liftgate fees, fuel surcharge fees, and delivery notification fees. The charges will be charged against the credit card you are providing at the time of sale, and by signing this agreement you agree to the terms said forth above.
Terms of Receiving the Product:
Before you sign for the shipment, inspect all cartons for visible damage and note it on the bill of lading. Even if no exterior damage is visible, open all packages immediately and inspect for damage or shortages. We cannot be held liable for any shipping related damage after you have signed for the shipment. If you find that damage was done, immediately note it on the BOL and notify the delivery person for the freight company to start a claim and request an inspection. They will pick up and return the product to us for replacement. You must repackage all the items the way you received them with all packing and crating materials in place.
If there was a problem with the configuration of the product versus what was ordered do not sign for the product at all. Contact us immediately. If you sign for the bumper you have 48 hours to contact us so that we may schedule a pickup in order to ship the bumper back to rectify any problems.
If for any reason you are not satisfied with your purchase. You may schedule to return it within 7 days of when you received the product. Simply notify us by phone. We will then issue a Return Material Authorization Number. If the items are returned in perfect resalable condition, actual shipping charges paid by Road Armor will be deducted from the purchase price, unless the return is due to our error. After 7 days ALL SALES ARE FINAL. The following terms must be met by you. A restocking fee of $250 will apply to all returns; multiple unit orders will have a restocking fee of $55.00 per additional unit returned.
- The Return must be scheduled with us within 7 days of your original receipt of the order.
- The products must be returned in new, resalable condition.
- You must include all packaging materials.
- Packaging materials must not be torn or damaged.
- Customer must pay any return shipping expense unless it is due to Road Armor error.
- Product must be returned with original packaging and in sellable condition otherwise customer is responsible for all valid repair charges listed below:
- Unit in need of re-powder coating - $350 per unit.
- Unit is need of repackaging for resale and restock = $150.
Display the RMA # prominently on the outside of the unit to avoid delays to your refund. Upon receipt of the returned merchandise and in good order in accordance with the above and within 7 days of original delivery. Road Armor then has 14 business days to inspect the unit after delivery at which time we will issue credit to your charge account if all of the above are met.
Will be processed no later then 21 days from the date of request of cancellation from customer; they will be paid no later then 30 days from the date of being processed. All refunds will be by company check.
Safe & Secure Shopping
The Top Gun Customz Security Guarantee protects you while you shop at Top Gun Customz so that you never have to worry about credit card safety. We guarantee that every transaction you make at Top Gun Customz will be safe. This means you pay nothing if unauthorized charges are made to your credit card as a result of shopping at Top Gun Customz. We have processed more than 50,000 problem-free orders. Top Gun Customz servers use Secure Sockets Layer (SSL), an encryption technology that works with Google Chrome, Mozilla Firefox, Microsoft Internet Explorer, Apple Safari, Opera, Netscape, and AOL web browsers. This ensures that only Top Gun Customz can read your personal information. We reveal only the last four digits of your credit card numbers when confirming an order. We will, however, transmit the entire credit card number to the appropriate credit card company during order processing.
After you click on the "checkout" button, be sure that the website's URL always begins with https://www.topguncustomz.com/
The "s" in "https://" at the beginning of the URL means you are logging into a secure page. If the URL does not begin with https, you are not on an Top Gun Customz page.
Ultimately, your personal information is protected by the password you created when you registered for an account at Top Gun Customz on the "Log-In / My Account" page. Please keep this password confidential. No representative of Top Gun Customz will ever ask you for your password. The confidentiality of your password is yours to protect.
Secure Browsing with DigiCert
Secure Transactions with Authorize.net
You can be confident in knowing that www.topguncustomz.com is a verified Authorize.Net merchant.
Authorize.Net is committed to providing its merchant customers with the highest level of transaction processing security, safeguarding customer information and combating fraud. More merchants trust Authorize.Net than any other payment gateway to process their ecommerce transactions securely. For more information about the benefits of Authorize.Net’s secure transaction processing, please visit the Authorize.Net Web site.
TGC is a BBB Accredited Business
Top Gun Customz is accredited with the Better Business Bureau. BBB has determined that Top Gun Customz, Inc. meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public. - See more at: http://www.bbb.org/knoxville/business-reviews/auto-customizing/top-gun-customz-in-alcoa-tn-90003113#sthash.aJ5d7egh.dpuf.
TGC is a Paypal Verified Merchant
To become Verified, a PayPal member in the United States must provide us with proof that he or she has opened an account at a bank or other financial institution. Because these institutions are required by law to screen account holders, PayPal's verification process increases security when you pay parties you do not know. Please note that PayPal's verification system does not constitute an endorsement of a member, nor a guarantee of a member's business practices. You should always consider other indicators when evaluating members, including length of PayPal membership and reputation scores (on eBay or other auction sites, if applicable).
|Verified Merchant Email: firstname.lastname@example.org||Merchant Account Creation Date: Nov 18, 2000||Merchant Status: Verified|
TGC is a Chamber of Commerce Approved Business
Top Gun Customz is a member of the Chamber of Commerce in Alcoa, TN. ChamberofCommerce.com is one of the largest, most trusted business directories on the web. The Chamber of Commerce helps more than 15 million consumers find business they can trust each year. For more information, visit https://www.chamberofcommerce.com/alcoa-tn/5034871-top-gun-customz.
Managing Your Information Preferences
If you want to opt out of having your Personal Information disclosed to third parties for their direct marketing purposes, please visit www.aboutads.info/choices. There you may choose which third-party companies currently target ads to you based on your browsing activity and select which ones you no longer wish to receive your Personal Information.
With respect to communications from us, you may opt-out of our non-transactional e-mails via a link in the footer of all non-transactional e-mail messages. Alternatively, you may e-mail email@example.com at anytime and ask to be removed.
We may continue to send you certain transaction e-mail communications (e.g., e-mails regarding account notifications, purchases, billings, shipments, returns, customer support questions and similar information regarding your use of the Site and Services).
Information We Collect
We collect information that personally identifies you, such as your name, address, zip code, credit card number, telephone number, e-mail address, and other personally identifiable information that you choose to provide us with or that you choose to include in your Top Gun Customz profile or account ("Personal Information"). You may be asked to provide us with Personal Information when you register with the Site, make a purchase or use any of our Services, and at other times. The decision to provide this information is optional. However, if you choose not to provide the requested information, you may not be able to make purchases or use some or all of the features of the Site or Services.
Usage Data and Site Activity
We automatically collect information in connection with the actions you take on the Site ("Usage Data"). For example, each time you use the Site we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. This anonymous usage information may be associated with your username and profile, but we do not disclose the associated information to third parties.
Cookies and Web Beacons
How We Use Information and When We May Share and Disclose Information
From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who we believe have privacy practices that are consistent with ours ("Third-Party Providers"). For example, we may contract with Third-Party Providers to provide certain services, such as order fulfillment, shipping, hosting and maintenance, data storage and management, and marketing and promotions. We only provide our Third-Party Providers with the information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your Personal Information from unauthorized access, use or disclosure. Third-Party Providers are prohibited from using Personal Information other than as specified by Top Gun Customz.
Third-Party Services and Applications
Through the Site and the Services, you may have the ability to elect to access third-party services and applications, such as Facebook and other social networks. When you do so, you may be able to import information from those other services and applications and share content with those services. Some of those third-party services may also provide us with information from your accounts which may enable us to enhance and personalize your use of the Site and Services (e.g., so that you can follow your Facebook friends’ activity on the Site or Services). If you elect to use such third-party services or applications through the Services, the information you share with such third-party services and applications will be subject to their privacy policies and your privacy settings for such services. You also may be able to control or block such sharing by changing your privacy settings in such services or applications.
Compliance with Laws and Law Enforcement
Top Gun Customz cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property or rights of Top Gun Customz or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Top Gun Customz recognizes the importance of safeguarding the confidentiality of your Personal Information. Accordingly, we employ reasonable measures designed to protect your information from unauthorized access, disclosure and use. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.
We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records. In addition, we recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.
Processing in the United States
Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Site or Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.
- You must be at least 18 years old to use the Site or the Services.
2. Additional Terms
- Your use of certain Services, including purchases you make on the Site, may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.
3. Password and Account Security
- You may create your own account on the Site by completing the online registration process on the Site. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes.
Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
4. Use of the Site and Services
- You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At Top Gun Customz, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Top Gun Customz. When you use the Site or Services, you may not:
- violate any law or regulation;
- violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any malicious or unsolicited software;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to "scrape," "crawl," or "spider" any Web pages contained in the Site (although Top Gun Customz may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Top Gun Customz reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Site or Services in a manner that sends more requests to the Top Gun Customz servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
- interfere with or disrupt the Site or Services.
- Other than User Content, we own or license the content on the Site and Services, including software, text, visual and audio content ("Content"), Top Gun Customz trademarks, trade names, logos, and brand elements (“Top Gun Customz Marks”) and the trademarks, trade names, logos and brand elements of third party goods and services that may be offered on the Site or through the Services ("Third-Party Marks"). The Content, Top Gun Customz Marks and Third-Party Marks are protected under U.S. and international laws.
- We always welcome and appreciate your feedback and suggestions about Top Gun Customz. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.
9. Changes and Corrections to the Site or Services
- Top Gun Customz enhances and updates its Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. Top Gun Customz reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing or availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability.
- We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user's right to access the Site or Services at any time, at our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
11. Disclaimer and Limitations on our Liability
- YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOP GUN CUSTOMZ AND ITS OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, TOP GUN CUSTOMZ AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY REVIEWS, RECOMMENDATIONS, COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES) OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE OR SERVICES. TOP GUN CUSTOMZ AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION;
(d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR
(f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, TOP GUN CUSTOMZ AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE TOP GUN CUSTOMZ SITE OR SERVICES OR ANY LINKED WEB SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOP GUN CUSTOMZ NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Top Gun Customz may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Top Gun Customz’s liability will be the minimum permitted under such law.
- You agree to indemnify, defend, and hold harmless Top Gun Customz and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to:
(a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services;
(b) the use of the Site or Services by you or anyone using your account;
(c) the violation of these Terms by you or anyone using your account; or
(d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account.
Top Gun Customz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Top Gun Customz in such defense.
13. Other Provisions
- Under no circumstances will Top Gun Customz be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any conflict of laws rules or provisions.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Blount County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Top Gun Customz to enforce any right or provision of these Terms will not prevent Top Gun Customz from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
14. Changes to these Terms
- From time to time, we may change these Terms. If we change these Terms without notice, those changes will go into effect immediately and will be shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services.