Terms of Service

Terms and Conditions
Agreement between User and mooredperformance.com
Welcome to mooredperformance.com. The mooredperformance.com website (the “Site”) is
comprised of various web pages operated by Moored Performance LLC (“Moored
Performance”). mooredperformance.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use
of mooredperformance.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
mooredperformance.com is an E-Commerce Site.
Moored Performance sells parts for automobiles. Moored performance also provides a service of
calibrating vehicles.
Privacy
Your use of mooredperformance.com is subject to Moored Performance’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting mooredperformance.com or sending emails to Moored Performance constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Moored Performance is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Moored Performance and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Moored Performance does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use mooredperformance.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
RETURN POLICY
Last updated April 08, 2022
Thank you for your purchase. We hope you are happy with your purchase. However, if you are
not completely satisfied with your purchase for any reason, you may return it to us for a full refund
or an exchange. Please see below for more information on our return policy.
RETURNS
All returns must be postmarked within fourteen (14) days of the purchase date. All returned items
must be in new and unused condition, with all original tags and labels attached.
RETURN PROCESS
To return an item, please email customer service at [email protected] to obtain a
Return Merchandise Authorization (RMA) number. After receiving a RMA number, place the item
securely in its original packaging, and mail your return to the following address:
Moored Performance LLC
Attn: Returns
RMA #
1836 10th St
Martin, MI 49070
United States
Please note, you will be responsible for all return shipping charges. We strongly recommend that
you use a trackable method to mail your return.
REFUNDS
After receiving your return and inspecting the condition of your item, we will process your return or
exchange. Please allow at least fourteen (14) days from the receipt of your item to process your
return or exchange. We will notify you by email when your return has been processed.
EXCEPTIONS
The following items cannot be returned or exchanged:
● Any digital file or electronic item
For defective or damaged products, please contact us at the contact details below to arrange a
refund or exchange.
Please Note
● A 15% restocking fee will be charged for all returns.
QUESTIONS
If you have any questions concerning our return policy, please contact us at:
[email protected]
Links to Third Party Sites/Third Party Services
mooredperformance.com may contain links to other websites (“Linked Sites”). The Linked Sites
are not under the control of Moored Performance and Moored Performance is not responsible for
the contents of any Linked Site, including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Moored Performance is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Moored
Performance of the site or any association with its operators.
Certain services made available via mooredperformance.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
mooredperformance.com domain, you hereby acknowledge and consent that Moored
Performance may share such information and data with any third party with whom Moored
Performance has a contractual relationship to provide the requested product, service or
functionality on behalf of mooredperformance.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
mooredperformance.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Moored Performance that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Moored Performance or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Moored Performance content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Moored Performance and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Moored Performance or our licensors except as expressly
authorized by these Terms.
Third Party Accounts
You will be able to connect your Moored Performance account to third party accounts. By
connecting your Moored Performance account to your third party account, you acknowledge and
agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Moored Performance from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Moored Performance
Content accessed through mooredperformance.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Moored Performance, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Moored Performance reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Moored Performance in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Moored Performance agree otherwise, the arbitrator may
not consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. MOORED PERFORMANCE LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MOORED PERFORMANCE LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. MOORED PERFORMANCE LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL MOORED PERFORMANCE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF MOORED PERFORMANCE LLC OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Moored Performance reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby
consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Moored Performance as a result of this agreement or use of the Site. Moored
Performance’s performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Moored Performance’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by Moored Performance with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Moored Performance with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Moored
Performance with respect to the Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Moored Performance reserves the right, in its sole discretion, to change the Terms under which
mooredperformance.com is offered. The most current version of the Terms will supersede all
previous versions. Moored Performance encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Moored Performance welcomes your questions or comments regarding the Terms:
Moored Performance LLC
1836 10th St
Martin, Michigan 49070
Email Address:
[email protected]
Telephone number:
2694471062
Effective as of April 07, 2022