Last updated: December 03, 2014
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.wimmercustomcycle.com website (the "Service") operated by LS Wimmer Machine Co. Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of LS Wimmer Machine Co. Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LS Wimmer Machine Co. Inc..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by LS Wimmer Machine Co. Inc..
LS Wimmer Machine Co. Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that LS Wimmer Machine Co. Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless LS Wimmer Machine Co. Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall LS Wimmer Machine Co. Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
LS Wimmer Machine Co. Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Product Liability Disclaimer
INTRODUCTION.
This Product Liability Disclaimer ("Disclaimer") applies to all purchases of Products sold by LS Wimmer Machine Co. Inc. doing business as Wimmer Custom Cycle ("Company"). By purchasing the Product, the purchaser ("Purchaser") agrees to the terms outlined herein.
DESCRIPTION OF THE PRODUCT.
The Company offers a diverse array of products (“Product” or "Products") designed to enhance the performance and functionality of motorcycles. The term "Products" as used in this document refers collectively to the entire suite of offerings provided by the Company, each developed with a commitment to quality, innovation, and specific motorcycle model compatibility.
Our Products are crafted to address the various needs of motorcycle enthusiasts and professionals, offering solutions aimed at improving performance, reliability, and the overall riding experience. Whether it pertains to maintenance, performance enhancement, or customization, each Product emerges from rigorous research and development processes, ensuring adherence to the high standards of quality and performance that our customers expect from LS Wimmer Machine Co. Inc.
MODIFICATIONS AND UNAUTHORIZED USE.
Purchasers are expressly cautioned against making any modifications, alterations, or engaging in unauthorized uses of the Product that deviate from its intended design and application as detailed by the Company. Such unauthorized actions include, but are not limited to, altering the Product's components, adapting it for use in non-specified engine models, or any form of tampering that alters the Product's original configuration.
It is imperative for the safety and effectiveness of the Product that all users adhere strictly to the installation and operational guidelines provided by LS Wimmer Machine Co. Inc. Unauthorized modifications or uses of the Product are strongly discouraged as they can compromise the Product’s performance, lead to mechanical failures, or pose significant safety risks to the user and others.
The Company explicitly disclaims all liability for any direct, indirect, incidental, or consequential damages that may result from such modifications or unauthorized uses. This disclaimer includes, but is not limited to, potential damages to the Product itself, the motorcycle, property damage, personal injury, or any other adverse outcomes that may arise from the failure to adhere to the Company’s guidelines for proper use.
By purchasing the Product, the Purchaser acknowledges the importance of compliance with this provision. Any breach of this policy by modification, alteration, or unauthorized use of the Product relieves LS Wimmer Machine Co. Inc. from any obligations related to the Product, including, but not limited to, support, repair, replacement, or liability for damages arising from such actions.
DISCLAIMER OF INSTALLATION RESPONSIBILITY.
The Purchaser acknowledges that the responsibility for the installation of the Product rests solely with them or with a third-party installer of their choosing. The Company provides detailed guidelines and instructions intended to facilitate a correct and safe installation of the Product. However, it is imperative that these instructions are followed diligently by a person or entity with the requisite technical knowledge and expertise in motorcycle maintenance and repair. Failure to adhere to these guidelines or engaging in improper installation practices can lead to product malfunction, potential damage to the motorcycle, or safety risks.
The Company, therefore, emphasizes that it does not endorse, recommend, or assume liability for any third-party installation services. The Purchaser must ensure that the installer selected has the necessary qualifications, experience, and understanding of the Product and its installation requirements. The Company is not liable for any direct, indirect, incidental, or consequential damages that may arise from the installation process, irrespective of whether the installation was performed by the Purchaser or a third party.
By purchasing the Product, the Purchaser agrees to release the Company from any claims, damages, liabilities, costs, or expenses arising from the installation of the Product. This includes any issues that may result from incorrect installation, such as but not limited to, engine damage, reduced vehicle performance, personal injury, or property damage.
The Company’s provision of installation guidelines does not constitute an offer to assume any duties related to the installation of the Product. The Purchaser’s decision to undertake the installation themselves or to engage a third party for this purpose is a decision made independently of the Company, and all risks associated with this decision are borne by the Purchaser.
NO WARRANTIES FOR PRODUCT SUITABILITY.
The Company hereby expressly declares that, apart from the explicit representations regarding the design and intended use of the Product for specified motorcycle engines, no further warranties or guarantees are provided regarding the Product's suitability for any particular purpose or compatibility with any other motorcycle engine or model not specifically mentioned. This includes, but is not limited to, any implicit assurance that the Product will meet the Purchaser’s expectations in scenarios outside of those expressly stated by the Company.
It is the responsibility of the Purchaser to verify and confirm the suitability of the Product for their specific motorcycle model and to ascertain that the Product meets their individual needs and requirements. The Company provides detailed product specifications and intended use information to aid in this assessment. However, the final determination of compatibility and suitability rests with the Purchaser.
Accordingly, the Product is sold “as is” without any warranties of fitness for a particular purpose, merchantability, or any other implied warranties. The Purchaser acknowledges that they have not relied on any representation or warranty made by the Company, or any of its agents, that is not explicitly stated within this document or the Product documentation.
The Purchaser's acceptance of these terms signifies an understanding that the Company cannot accept liability for the Product's failure to perform in untested conditions or configurations or in conjunction with motorcycles and accessories not specified. Furthermore, the Company shall not be liable for any incidental, consequential, or special damages arising from the use or inability to use the Product, even if such damages arise from the Product's incompatibility with a motorcycle model not expressly supported by the Company.
“AS IS” SALE.
The Product is offered for sale and shall be sold on an "as is" basis and is provided without warranties beyond those explicitly stated within the official documentation provided at the point of sale.
The term "as is" constitutes an unequivocal acknowledgement by the Purchaser that the Product is purchased in its current state and condition, with the Company making no representations or warranties, express or implied, regarding the Product's quality, performance, merchantability, fitness for a particular purpose, or any other implied warranty under the law.
This provision explicitly delineates the scope of the Company's liability concerning the Product, specifying that the Purchaser's decision to procure the Product is informed by their judgement, based on available information, including the Product's specifications and intended use. The Purchaser hereby assumes all risks associated with the Product's condition, including but not limited to, any costs incurred for repair, replacement, or modifications necessitated by the Purchaser's specific use case or any unforeseen compatibility issues with their motorcycle model, not explicitly supported by the Company.
Furthermore, this "as is" sale provision serves to clarify that the Company shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Product, its performance, or the inability to use the Product as intended. This includes, but is not limited to, damages related to loss of use, loss of profits, or loss of data, whether or not the Company has been advised of the possibility of such damages.
GENERAL LIMITATION OF LIABILITY.
THE COMPANY HEREBY EXPRESSLY LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PURCHASER ACKNOWLEDGES AND AGREES THAT THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- The use or the inability to use the Product;
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Product;
- Unauthorized access to or alteration of the Purchaser’s transmissions or data;
- Statements or conduct of any third party on the Product;
- Any other matter relating to the Product.
This limitation of liability applies regardless of the theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and even if the Company has been advised of the possibility of such damages.
Further, the Purchaser agrees that the Company's total liability, if any, for any type of damages described herein, shall not exceed the purchase price of the Product, providing the Purchaser with a prompt and exclusive remedy. This limitation is a fundamental element of the basis of the bargain between the Company and the Purchaser. The Product would not be provided without such limitations.
INDEMNIFICAITON.
The Purchaser hereby agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this provision, and the cost of pursuing any insurance providers, arising out of or resulting from the use, misuse, or inability to use the Product provided by the Company.
This indemnification obligation covers, but is not limited to, any liabilities arising from:
- The improper installation, maintenance, or operation of the Product by the Purchaser or any third party engaged by the Purchaser;
- The Purchaser’s failure to comply with applicable laws, regulations, or standards in the use of the Product;
- The Purchaser’s breach of any representations, warranties, or obligations under this Disclaimer;
- Any modifications, alterations, or unauthorized use of the Product by the Purchaser or any third party;
- Any claim made by a third party in relation to the Purchaser’s use of the Product, including, but not limited to, claims for personal injury, death, or property damage.
The Purchaser’s indemnification obligation shall extend to any scenario where the Product is utilized in a manner not specifically endorsed by the Company, or where the Product is combined with other products or equipment in a manner that causes harm or is alleged to cause harm.
INTELLECTUAL PROPERTY.
All intellectual property rights associated with the Product offered by the Company, as well as the trademarks, service marks, design rights, patents, copyrights, trade secrets, inventions, and any other proprietary rights, whether registered or unregistered, are and shall remain the sole property of the Company. The purchase of any Products from the Company does not confer upon the Purchaser any license or right to use such intellectual property, except in the normal and intended use of the Products in accordance with the accompanying documentation and without modifications, alterations, or reverse engineering.
The Purchaser agrees not to copy, modify, replicate, disassemble, reverse engineer, or distribute any part of the Products or any material that is accompanied by or which constitutes a part of the Products, nor to breach any of the intellectual property rights associated with the Products. The Purchaser further agrees to refrain from removing, obscuring, or altering any proprietary notices on the Products or the accompanying materials.
Any use of the Company’s intellectual property not expressly authorized by these terms is a breach of this Disclaimer and may violate applicable laws, including copyright and patent laws. The Purchaser acknowledges that, in the event of any unauthorized use of the intellectual property rights associated with the Products, the Company reserves the right to seek all remedies available by law, including but not limited to injunctive relief and damages.
AMENDMENT.
This Disclaimer, including any and all terms, conditions, and policies referenced herein or associated herewith, pertaining to the sale and use of products by the Company, may only be amended, modified, or supplemented by an agreement in writing signed by both the Company and the Purchaser. No amendment, modification, or supplement to this Disclaimer shall be effective unless it is explicitly made in writing and duly signed by authorized representatives of both parties.
The Company reserves the right to update, revise, or change the terms and conditions of this Disclaimer at its discretion. However, any such updates, revisions, or changes shall not apply retroactively and shall not affect the terms of any agreements concluded under the provisions of this Disclaimer prior to such amendments unless specifically agreed upon in writing by both the Company and the Purchaser.
The Purchaser acknowledges that it is their responsibility to review the agreement periodically to become aware of any modifications. The continued purchase, use, or acceptance of the products from the Company following any amendments to this Disclaimer constitutes the Purchaser's acceptance of such amended terms and conditions.
COMPLIANCE WITH THE LAWS.
The Purchaser of the Product provided by the Company unequivocally agrees to comply with all applicable local, state, federal, and international laws, regulations, ordinances, and standards pertaining to the possession, installation, use, and maintenance of the Product. This comprehensive adherence includes, but is not limited to, environmental legislation, traffic regulations, safety standards, and any specific legal requirements governing the operation and modification of motorcycles within the jurisdiction(s) where the Product will be used.
The Purchaser acknowledges their responsibility to thoroughly understand and adhere to the legal obligations and restrictions associated with the Product, including obtaining any necessary approvals, permits, or inspections required for lawful use. This duty extends to ensuring that the Product's installation and use do not infringe upon any legal statutes or regulations, particularly those concerning vehicle emissions, noise levels, roadworthiness, and safety standards.
Furthermore, the Purchaser agrees to undertake all necessary steps to remain informed about relevant legal updates and changes that may impact the legal standing of the Product's installation and use. The Purchaser's commitment to legal compliance is pivotal in safeguarding against potential legal actions, penalties, or fines resulting from violations of laws or regulations.
The Company disclaims any liability for the Purchaser's failure to comply with legal requirements or to secure appropriate certifications, and the Purchaser hereby indemnifies the Company against any legal actions, claims, damages, or expenses arising from such non-compliance. The Purchaser's obligation under this provision encompasses the responsibility to ensure that their use of the Product does not negatively impact public safety, environmental integrity, or the legal rights of third parties.
ENTIRE AGREEMENT.
This Disclaimer, including any attachments and appendices referenced herein, constitutes the entire agreement between the Company and the Purchaser regarding the sale and use of the Product and supersedes all prior agreements, understandings, representations, and warranties, both written and oral, between the Company and the Purchaser concerning the Product. No amendment or modification of this Disclaimer shall be effective unless it is in writing and signed by both parties. The Purchaser acknowledges that they have not relied on any statement, promise, or representation not contained in this Disclaimer.
SEVERABILITY.
If any term, clause, or provision of this Disclaimer is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term, clause, or provision of this Disclaimer or invalidate or render unenforceable such term, clause, or provision in any other jurisdiction. Upon such determination that any term, clause, or provision is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify this Disclaimer to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.
GOVERNING LAW.
This Disclaimer and any disputes arising out of or related to this Disclaimer or the use of the Product shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws provisions. The parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Pennsylvania for all disputes arising out of or related to this Disclaimer or the use of the Product.
ACKNOWLEDGEMENT.
By proceeding with the purchase, installation, and use of the Product, the Purchaser hereby acknowledges and agrees to the following: The Purchaser has read, understood, and agrees to be bound by the terms and conditions outlined in this Disclaimer, including, but not limited to, the provisions relating to the "AS IS" sale, General Limitation of Liability, Indemnification, Compliance with the Laws, Entire Agreement, Severability, and Governing Law as set forth herein. The Purchaser has independently assessed the suitability of the Product for their intended use and motorcycle compatibility. The Purchaser acknowledges that the Company has provided sufficient information for this assessment and that the Company makes no additional warranties regarding product suitability beyond those explicitly stated. The Purchaser accepts full responsibility for the installation of the Product, recognizing that proper installation is crucial for the Product’s performance and safety. The Purchaser agrees that the Company is not responsible for any issues, damages, or injuries resulting from improper installation or use. The Purchaser agrees to comply with all applicable laws, regulations, and ordinances in the installation and use of the Product, understanding that failure to comply may result in legal penalties, invalidation of insurance, or other consequences. The Purchaser accepts and assumes all risks associated with the use of the Product, agreeing that the Company shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use, misuse, or inability to use the Product. The Purchaser acknowledges that no warranties, representations, or agreements not explicitly outlined in this Disclaimer have been made by the Company.
