Terms of Service

This website is owned and operated by XFORCE INC (“XFORCE” or “we” or “us” or “our”). By entering, accessing or using our website in any way, you agree to be bound by these Terms of Service, including our Privacy Policy, and any other laws or regulations which apply to this website.

By using this website, you acknowledge that you have read, understood and agree to be bound by all of our Terms of Service as they may be updated from time to time. If you do not agree with our Terms of Service you must not use our website.

XFORCE reserves its right to modify any of these Terms of Service at any time and an updated version of the Terms of Service will be posted on the website.

ACCURACY OF INFORMATION

While XFORCE aims to ensure that the information in this website is correct, sometimes errors do occur.

The information on this website is for information purposes only. While XFORCE has used its best endeavors to ensure that the information contained on and accessed through the website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. XFORCE does not accept any responsibility for any error, omission or defect in the information provided on this website. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

WARRANTIES

As a condition of your use of this website, you warrant that:

• you will abide by our Terms of Service at all times while using our website; and
• you will supply only accurate and complete information when requested by our website; and
• you are at least 18 years of age.

While using this website, you will not:

• impersonate any person or entity;
• make any false or fraudulent entries or provide misleading information;
• engage in any illegal activities in using this website;
• post or transmit to or via this website any unlawful, threatening, defamatory or obscene material that could reasonable give rise to civil or criminal proceedings;
• knowingly transmit any virus or other disabling feature to the website;
• interfere with, disrupt, or create an undue burden on the website or the associated systems;
• engage in any activity that may infringe the rights of XFORCE or others;
• frame or mirror any part of the website without our written approval; or
• except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.

If you believe that a user has breached any of the above conditions, please contact us.

NON-COMMERCIAL USE ONLY

You may only use this website for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with the prospective purchase of our products and services for domestic use.

You are not allowed to access, use or copy any material or information on this website for any commercial or unlawful purpose. You may print off any individual page for your own personal use only..

If you wish to use any aspect of this website for commercial purposes, XFORCE’s prior written consent must be sought and any such use is strictly limited to that consent.

OTHER MATERIAL

In the event of any conflict between these Terms of Service, any terms and conditions of sale, any
information that may be contained on our website and any material delivered with any XFORCE
product, the terms of any material delivered with any XFORCE product shall prevail to the extent of
any inconsistency and conflict.

PRICING

All references to $ and dollars on this website are to US currency.

All prices are exclusive of any applicable taxes, customs duties or any other applicable taxes charged.

The prices on this website refer to XFORCE’s recommended retail price, and the actual price of
products may vary between our stockists.

XFORCE PRODUCTS

We are a parts supplier only, you are responsible for all vehicle compliance in accordance with any
rules, regulations or statutes in your state and jurisdiction.

For some late model cars, the check engine light (CEL) may be on after installation of after market
dump-pipe, headers and hi-flow racing cats due to the change of exhaust conditions. ECU tuning is
recommended, please consult with a professional performance tuning specialist regarding this matter.

PRODUCT DESCRIPTIONS AND COLOURS

In describing the products available to purchase through our stockists, XFORCE attempts to be as
accurate as possible. However, XFORCE does not warrant that product descriptions or other content of XFORCE services are accurate, complete, reliable, current or error-free.

The colours of our products represented on this website are as accurate and close to the actual
colour of the products sold by us. However, the actual colour of the product may differ from the
website as depiction of colour is dependent on lighting and the qualities of your online device. The
variation between the two may be unavoidable.

The sounds of all film clips contained in all the videos of the website are indicative only and does not necessarily represent the actual sound output of the vehicle in real life as sound is subjective and is heavily affected by the configuration of the vehicle and audio visual output of the end user.

AVAILABILITY

Some products displayed on this website may be unavailable, out of stock or only offered for a limited time only at our stockists. We make no representation as to the continued availability of any
XFORCE product.

LINKING AND THIRD PARTY CONTENT

The website may contain links and third-party advertisements which contain embedded hyperlinks to websites operated by third parties. Such links are provided for convenience only and XFORCE is not responsible for the content and maintenance of or privacy compliance in relation to any linked
website. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of XFORCE for such goods or services, nor does XFORCE make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. The third-party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties. If you use or rely upon third party content, you do so solely at your own risks.

SECURITY

Third parties may intercept or modify transmissions to and from this website and it is possible that
computer viruses or other defects may be contained in files obtained from or through this website.
XFORCE is not liable for any damage that may be a result of your use of this website or of any linked website. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any third party content or third party websites.

PRIVACY

We collect personal and other information through this website. Our use of your information is
regulated by the Privacy Act 1988 (Cth) and other relevant legislation as per our Privacy Policy. Our Privacy Policy governs how we use personal information supplied to us.

COPYRIGHT

All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owed by or licensed to XFORCE and is subject to copyright. Any use of our website and its Content for purposes other than personal and noncommercial use, or for any other use, including the modification, reproduction, distribution, sale,
transmission, republication, display or performance, of the content of this website, is prohibited
without the prior written permission of XFORCE.

INTELLECTUAL PROPERTY AND TRADEMARKS

XFORCE is the owner or authorised user of all intellectual property including but not limited to the
VAREX ® Exhaust System, SMART BOX ® ,trade marks, logos, names, softwares and designs,
whether registered or unregistered, and other marks that are otherwise owned or licensed to
XFORCE in and associated with this website (collectively “intellectual property”), and any
improvements or modifications to such intellectual property and is protected by Australian and
International copyright laws. All XFORCE’s innovations are protected by patents and design
registrations pending and granted. The use or misuse of any of XFORCE’s intellectual property is
prohibited without the prior written permission of XFORCE.

Nothing contained in this website should be construed as giving you any right in or license to any of
the intellectual property or copyright on or associated with this website. You may not reproduce,
publish, transmit, modify, create derivative works from, sell or exploit in any way, Link or frame any of the contents in this website. Unauthorized use or copying (including electronic copying or
downloading) of this website and or any Contents contained in this website without the express
written consent of XFORCE is expressly prohibited by law and may result in severe civil and criminal
penalties and liabilities.

Other trademarks not owned by XFORCE may appear on this website to describe third parties and
their products and is the trademark of their respective owners. XFORCE makes no representation that
it is affiliated with, connected to or sponsored in any way by their respective owners.

OVERSEAS ACCESS

This website may be accessed in the United States and throughout the world. XFORCE makes no
offer in or by this website to sell any product or service in any country outside of the USA. If you
access this site from outside of USA, you do so at your own risk and are responsible for complying
with the laws in the place where you access the site.

OUTAGES

XFORCE reserves the right to cease, interrupt or withdraw your access to the website for any reason, including without limitation, for upgrades and maintenance of the site.

LIABILITY OF XFORCE & INDEMNITY

• Your use of this website or any information on this website is entirely at your own risk. XFORCE
  makes no representation or warranty with respect to the accuracy, completeness, suitability,
  performance or timeliness of the information provided on this website. XFORCE expressly
  excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
• XFORCE does not make any guarantees or warrant that this website will be available in any
  place, free of faults or error, free from unauthorised interception or access, or free from viruses or other defects, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.
• XFORCE is not liable for any damage or loss whatsoever arising out of or in any way related to,
  the use by you or anyone else of any other site linked to this website.
• XFORCE is not liable to you or anyone else for:
  • the products on website being unavailable;
  • your inability to access the website;
  • the loss of information or loss of confidentiality in any information or material transmitted to or from the website;
  • any decision, action or inaction taken in reliance on the information in, or connected with, this website;
  • losses, costs or damages suffered or incurred by you, including direct or indirect, special,
    incidental, compensatory, exemplary, consequential loss (including loss of profits, loss of
    business revenue, failure to realise expected profits or savings, overhead costs, loss of
    goodwill, loss of reputation, loss of value in any intellectual property), damages or liquidated
    sums payable pursuant to other agreements, other economic losses, or any consequential or indirect losses of any kind howsoever arising or other damages in connection with your use of this website;
  • your use or misuse of this website or any information or material contained in this website;
    and
  • any defect, technical problem or virus attached to or arising from this website or the server.

You agree to indemnify and keep indemnified XFORCE in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which XFORCE may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms of Service by you, or the infringement by you, of any intellectual property, copyright or other right of any person or entity.
In this paragraph, ‘XFORCE’ includes its directors, officers, employees, agents, contractors,
franchisees, successors or assigns.

GOVERNING LAW

The use of this site is governed by, construed and enforced in accordance with the laws of Ohio,
USA. By using this website, you agree that the Courts of Ohio, USA will deal with any disputes which
may arise through its use.

If any part of these terms is found to be invalid or unenforceable, it shall be removed without affecting the remainder.

No waiver of any of these terms or failure to exercise a right or remedy by XFORCE will be
considered to imply or constitute a further waiver by XFORCE of the same or any other term,
condition, right or remedy.

17. CONTACT

If you have any queries regarding these Terms of Service, please contact us at [email protected].