Terms Of Service
COGNITO MOTORSPORTS, INC
TERMS AND CONDITIONS OF WEBSITE
The following terms and conditions govern the use of this website and the purchasing of products from Cognito Motorsports, Inc. (“Cognito Motorsports”). By using this website and/or purchasing a product from this website, you agree to follow and be bound by these terms.
1. WEBSITE TERMS
1.1 LINKS. Links may be established on Cognito Motorsports’ website to those owned by third parties. Cognito Motorsports does not control any such third party websites and is not responsible for any damages you may suffer from using such third party websites.
1.2 UPDATES. The content in this website is for your general information and use only, and this website is subject to change without notice.
1.3 NO WARRANTY. The information contained in this website is for general information purposes only. ALL CONTENT ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS AND/OR NON-INFRINGEMENT. Any reliance you place on such information is therefore strictly at your own risk.
1.4 INTELLECTUAL PROPERTY. All trademarks, service marks, trade names, logos, and product names of Cognito Motorsports used on this website are trademarks or registered trademarks of Cognito Motorsports.
The entire content included in this website, including but not limited to the text, graphics, images, and code, as well as any individual images or photographs, are copyrighted and are the exclusive property of Cognito Motorsports.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
• you may print or download extracts for your personal and non-commercial use only
• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
1.5 FEEDBACK. When you submit ideas, suggestions, documents, or proposals (collectively, “Feedback”) to Cognito Motorsports through our “Contact Us” web page, you represent, warrant, and agree that: (a) your Feedback does not include confidential or proprietary information; (b) if we so choose, Cognito Motorsports may use and disclose your Feedback in any way; and (c) Cognito Motorsports has no obligation to pay or reimburse you for your Feedback or our use of your Feedback.
Cognito Motorsports uses this information to customize the advertising and content you see, fulfill your requests for products and services, to improve your web experience with Cognito Motorsports by enabling you to obtain a faster checkout for purchases, and to opt-in to receive occasional emails, which provide you with the latest information regarding Cognito Motorsports and its products. You may, upon placement of an order, opt to allow Cognito Motorsports to save the information for a speedier checkout process the next time. This information is then stored only for the purposes of faster checkout and is not used for any other purpose.
Cognito Motorsports does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested and where such information is required by law, via a subpoena, court order, or other legal process, or to establish our legal rights or defend against legal claims.
2. ONLINE ORDERS
2.1 APPLICABILTIY OF THIS SECTION. If you purchase a product from Cognito Motorsports’ website, you agree to the additional terms and conditions set forth in this Section 2.
2.2 ACCEPTANCE/SOLE TERMS. The provisions set forth in these Terms and Conditions constitute all of the terms and conditions of your order/contract with Cognito Motorsports. Cognito Motorsports’ acceptance and shipment of your order is expressly made conditional on your assent to these Terms and Conditions. Any and all terms, conditions, or provisions specified by you in your purchase order or otherwise (whether oral, typed, written, or printed) that in any way change, modify, differ from, or add to these Terms and Conditions, or Cognito Motorsports’ quotation, order acknowledgement or invoice, or any contract between Cognito Motorsports and you, are null and void and of no effect, even if (i) Cognito Motorsports does not expressly object to such terms, conditions, or provisions or (ii) such terms, conditions, or provisions are specified subsequent to such other documents. You are hereby put on notice that no terms additional to or deviating from these Terms and Conditions will become part of the contract unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of Cognito Motorsports, has been issued to you. Your acceptance of any materials, goods, or products supplied by, or on behalf of, Cognito Motorsports will, without limitation, constitute acceptance of these Terms and Conditions.
2.3 LIMITED LIFETIME WARRANTY. Cognito Motorsports offers a limited, lifetime warranty for all Cognito Motorsports brand products. Cognito Motorsports warrants, to the original retail purchaser, that its products are free from defects in workmanship and material for as long as the purchaser owns the vehicle on which the product was originally installed. Cognito Motorsports does not warrant any replacement part for any product. Cognito Motorsports does not warrant the product for finish, alterations, modifications, and/or original installation contrary to specifications of Cognito Motorsports. Cognito Motorsports products are not designed nor intended to be installed on vehicles used in race applications or for racing purposes or for similar activities involving abnormal abuse other than the vehicle was originally designed to handle or endure. (A “RACE” is defined as any contest between two or more vehicles, and/or contest of one or more vehicle against the clock, whether or not such contest is for a prize.)
This warranty is for a one-time replacement of each Cognito Motorsports product and does not cover any part that Cognito Motorsports replaces under this warranty. This warranty does not include coverage for police or taxi vehicles, race vehicles, or vehicles used for government or commercial purposes. Alterations to the finish of the parts, including, but not limited to, painting, powder coating, plating, and/or welding void all warranties.
This warranty excludes the following items: bushings, bumpstops, tie-rod ends, limiting straps, and hiem joints. These parts are subject to wear and are not considered defective when worn. They are warranted for 60 days from the date of purchase for defects in workmanship. Cognito Motorsports suspension components must be installed as a complete system. Any substitutions or exemptions of required components will immediately void the warranty. Some finish damage may happen to parts during shipping and is not covered under warranty. This warranty will not apply to any product that had been subject to accident, negligence, alteration, abuse, or misuse.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN, COGNITO MOTORSPORTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS WARRANTY CONTAINED HEREIN, THIS PRODUCT AND ALL REPLACEMENT PARTS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO THE QUALITY OF THE PRODUCT AND REPLACEMENT PARTS, IF ANY, IS WITH YOU. SHOULD THE PRODUCT OR A REPLACEMENT PART, IF APPLICABLE, PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE OF THIS WARRANTY.
COGNITO MOTORSPORTS’ OBLIGATION UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT, AT COGNITO MOTORSPORTS’ OPTION, OF THE DEFECTIVE PRODUCT. ANY AND ALL COSTS OF REMOVAL, INSTALLATION OR RE-INSTALLATION, FREIGHT CHARGES, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY. IN THE EVENT THAT THE WARRANTY LIMITATIONS ARE HELD TO BE INVALID OR INEFFECTIVE, COGNITO MOTORSPORTS’ LIABILITY WILL NOT EXCEED THE PURCHASE PRICE FOR THE ALLEGEDLY DEFECTIVE PRODUCT.
The warranties contained herein apply only to products manufactured by Cognito Motorsports. Cognito Motorsports does not warrant products not manufactured by Cognito Motorsports. Cognito Motorsports reserves the right to supercede, discontinue, or change the design, finish, part number and/or application of parts when deemed necessary by Cognito Motorsports without written notice and in the sole and absolute discretion of Cognito Motorsports.
2.4 RETURN POLICY. Cognito Motorsports has a no refund, no return policy. Under special circumstances and in the sole discretion of Cognito Motorsports, returns might be accepted with prior written approval and a Return Merchandise Authorization (“RMA”) number designated by Cognito Motorsports. To obtain a RMA, please follow the steps set forth in Section 2.5. Cognito Motorsports will not accept returns that do not have a RMA clearly written on the return packaging. If Cognito Motorsports accepts a return, it will credit your account upon delivery of the product to Cognito Motorsports’ designated facility for the product cost only. All returned products must be shipped freight prepaid. Each product returned is subject to a 25% restocking fee. No returns will be accepted after 30 days upon receipt of the product.
2.5 PROCEDURE FOR WARRANTY CLAIMS & RETURNS. Cognito Motorsports will not accept any warranty claims or returns without a RMA number. To obtain a RMA number, fax or email your proof of purchase (invoice or packing slip showing where and when you purchased, and the invoice or sales order number) to 661-588-8295 or firstname.lastname@example.org, along with a short written description of the problem and a request for a RMA number.
You will receive a response within three business days with a RMA number or a request for more information needed prior to issuing a RMA. Once you receive a RMA number, ship only the component in question to Cognito Motorsports with the RMA number clearly marked on the box and the shipping label. If the product arrives with no RMA number marked on the OUTSIDE of the box on or next to the shipping label, it will be refused.
You should package the product carefully and ship it to:
Cognito Motorsports, Inc.
34935 Flyover Court
Bakersfield, CA 93308
Phone: (661) 588-8085 or 1-866-426-4648
For warranty claims, Cognito Motorsports will inspect the product received with a RMA number within 10 days to determine whether the warranty covers the product. If the product shows neglect, abuse, or damage from shipping, the warranty may not cover the product.
2.6 PRODUCT CONSUMER SAFETY AND WARNING. The installation of the suspension products kit will modify the suspension of your vehicle and may cause it to handle significantly different than a factory-equipped vehicle. Installing larger tires with modified suspension and increased ground clearance will significantly alter the handling characteristics of the vehicle, and may result in increased braking distances as well as changes in vehicle maneuverability and handling compared to the factory equipped vehicle.
FAILURE TO DRIVE YOUR VEHICLE SAFELY MAY
RESULT IN SERIOUS INJURY OR DEATH!
Failure to familiarize yourself with new suspension and handling characteristics can lead to loss of control, which can cause an accident or serious injury. Become familiar with the operation characteristics in a controlled environment, preferably one free of rough terrain and other vehicles. Practice operation of the new suspension system by driving at slow speeds and making normal operational turns. Avoid higher speed operation and turns until fully familiar with the new operational characteristics. As with any vehicle, extreme caution and care must be used to prevent loss of control or roll-over during sharp turns or abrupt maneuvers. Operating your vehicle in such way as to cause it to jump, slide, skidding sideways, or fishtail, can increase the chances of roll over. Always wear seat belts and drive safely, recognizing the reduced speeds and specialized driving techniques required.
This suspension system will not strengthen nor reinforce the stock frame of the vehicle, nor will it increase rollover protection. It is necessary to periodically inspect all suspension and drive train components for tightness of fit or any damage. Installation of these parts will modify the height of the vehicle and may raise the center of gravity. Altered height modifications and off-road operation may increase your vehicle’s susceptibility to roll over conditions and may cause serious injury or death. Many states regulate the height modification to vehicles. Check the laws in your state for exact specifications. Height modifications may effect the reaction, ride, handling, and wear factor of your vehicle’s components. The amount of lift allowed and how the lift can be achieved varies greatly. Several states offer exemptions for farm and commercial registered vehicles. It is the vehicle owner’s responsibility to check state and local laws to ensure that their vehicle is compliant with state law.
Do not drive your vehicle unless you are familiar with its unique handling characteristics and are confident of your ability to maintain control under all driving conditions. Some modifications and combinations of modifications are not recommended, unsafe, and may not be permitted in your state. Consult your vehicle owner’s manual, the instructions accompanying this product, and your state laws before undertaking these modifications. The owner of the modified vehicle and the qualified mechanic required to install this product are responsible for the legality and safety of the vehicle being modified.
2.7 ACCEPTANCE OF GOODS. Upon your receipt of shipment, you must immediately inspect the product. Unless you provide Cognito Motorsports with written notice of any claim or shortages of or defects in the product, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, within five days after receipt of such shipment, such product will be deemed finally inspected, checked, and accepted by you.
2.8 DELIVERY. Unless otherwise agreed in writing, all shipments are made F.O.B. Shipping Point. Cognito Motorsports will determine the point of origin of shipment. Buyer bears the cost of shipping. Cognito Motorspots will use its own discretion in choice of carrier and method of packing. Cognito Motorsports will not be responsible for insuring shipments unless specifically requested by you, and any insurance so requested will be at your sole expense. Any delivery date quoted to you is only an estimate based on present scheduling requirements. Cognito Motorsports will have the right to make partial deliveries and to be paid, pro rata, for the products so delivered notwithstanding the existence of a specific delivery schedule which is stated to be of the essence, nor of the fact that any partial delivery is made in advance of such schedule. Cognito Motorsports reserves the right, with respect to each delivery, to make deliveries in installments. All such installments may be separately invoiced and paid for when due, without regard to subsequent deliveries.
2.9 DELAYS. Unless expressly specified to the contrary, products in stock will be shipped immediately, and products not in stock will be shipped as soon as possible. However, all shipping dates are approximate, and are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. When an order exceeds the quantity of products in stock, backorders are created automatically. All backorders are left open until fulfillment is possible, unless expressly cancelled by you in writing prior to shipping. Cognito Motorsports will not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms and Conditions caused by or imposed by (i) strikes, fires, disasters, riots, terrorist act, or acts of God, (ii) acts of buyer, (iii) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (iv) governmental action, (v) subcontractor or supplier delay, including failure by subcontractor or supplier to make timely delivery, or (vi) any other cause or condition beyond Cognito Motorsports’ reasonable control. In the event of any such delay or nonperformance, Cognito Motorsports may, at its option and without liability, cancel all or any portion of the contract and extend any date upon which any performance hereunder is due.
2.10 TITLE AND RISK OF LOSS. Title to any product sold and risk of loss of such product passes to you upon delivery by Cognito Motorsports to a carrier, and you must make any claims for losses or damage directly to the carrier.
2.11 TAXES. Any sales, use, or similar taxes, export or custom charges, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the production, sale, delivery, use, or proceeds of the product, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, and any processes or know-how (whether patentable or otherwise) and software, will be payable by you, and if such taxes or fees are paid or are required to be paid by Cognito Motorsports, the amount thereof will be added to and become part of the price payable by you, unless you provide Cognito Motorsports with a valid tax exemption certificate.
2.12 TERMINATION, CANCELLATION, AND CHANGES. Except as otherwise provided herein, orders cannot be terminated, cancelled, or modified, or shipment deferred after acceptance of your order by Cognito Motorsports, except with Cognito Motorsports’ written consent and subject to reasonable charges for expenses incurred and work executed by Cognito Motorsports. You will be obligated to accept any portion of the Good shipped or delivered by Cognito Motorsports pending Cognito Motorsports’ written approval of cancellation.
3. GENERAL PROVISIONS
3.1 AMENDMENT OF TERMS. Cognito Motorsports may, at its discretion, unilaterally amend these Terms and Conditions at any time by posting the amended terms and condition on Cognito Motorsports’ website. You may always review the most updated version of the Terms and Conditions by checking this website. By continued use of the Cognito Motorsports’ website or for purchases made after an amendment to the Terms and Conditions, you agree to be bound by and to abide by such amended terms.
3.2 INDEMNIFICATION. You agree to defend, indemnify, and hold Cognito Motorsports and its affiliates, employees, contractors, officers, and agents harmless from any dispute which may arise from your breach of these Terms and Conditions, including any and all claims and expenses, including attorneys’ fees and court costs related to such breach.
3.3 NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right.
3.4 SEVERABILITY. If any provision of these Terms and Conditions is or becomes invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein will not be affected thereby.
3.5 ASSIGNMENT. These Terms and Conditions will be binding upon and will inure to the benefit of the successors and assigns of the parties provided, however, that you may not assign or transfer a purchase order/contract, in whole or in part, except upon the prior written consent of Cognito Motorsports.
3.6 DISPUTE RESOLUTION BY BINDING ARBITRATION. Please read this carefully. It affects your rights. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling Cognito Motorsports at (661) 588-8085 or 1-866-426-4648. In the unlikely event that Cognito Motorsports is unable to resolve a complaint you may have to your satisfaction (or if Cognito Motorsports has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration instead of in small claims courts or courts of general jurisdiction.
Cognito Motorsports and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to "Cognito Motorsports," "you," and "us" include any respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. You agree that, by entering into this Agreement, you and Cognito Motorsports are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Cognito Motorsports should be addressed to: Cognito Motorsports, 1800 Art Street, Bakersfield, CA 93312 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Cognito Motorsports and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cognito Motorsports may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitration hearings will take place in Kern County, California. If your claim is for $4,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $4,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Each party to the dispute will contribute equally to the payment of the arbitrator’s fees, including administrative fees of the American Arbitration Association.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COGNITO MOTORSPORTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cognito Motorsports 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
3.7 CONTROLLING LAW. This website is controlled and operated by Cognito Motorsports in Bakersfield, California. These Terms and Conditions will be construed in accordance with the laws of the State of California without regard to any conflict of laws provision. In the event the arbitration clause referred to above is not enforceable, then any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of any state or federal court located in Kern County, California.
3.8 ENTIRE CONTRACT. These Terms and Conditions set forth the entire agreement and understanding of the parties hereto in respect to the transactions contemplated hereby and supersede any prior agreements, arrangements, and understandings relating to the subject matter hereof. These Terms and Conditions are not intended to confer upon any other person any rights or remedies hereunder. There have been no representations or statements, oral or written, that have been relied on by any party hereto, except those expressly set forth in these Terms and Conditions.