Terms of Use
Overview
By submitting an order, creating an account, signing into your account or otherwise using this site, you agree to and accept these terms of use. Additional terms may apply depending on your use of this site and they will be detailed in other locations. If the other terms are inconsistent with these terms of use, those other terms will control. If they are merely silent to items addressed in these terms of use, these terms of use control.
These terms of use, as well as any other product and service specific terms on our site constitute your service agreement with Cygen Holdings, LLC. This agreement sets forth the legally binding terms for your use of our site and your purchase or use of any products or services offered on the site. By accessing or using the site, you represent and warrant that you have the authority and capacity to enter into the agreement and abide by all of the terms and conditions set forth herein. You may not access or use this side or accept this agreement unless you are atleast 18 years old.
Arbitration Notice:
These terms contain an arbitration clause. You and Cygen Holdings Agree that disputes between us will be resolved by mandatory binding arbitration and you and Cygen Holdings waive any right to participate in a class action lawsuit or class wide arbitration.
Privacy Policy
Please review our Privacy Policy, which also governs your use of our site, to understand our practices.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Cygen Holdings reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Cygen Holdings reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Cygen Holdings reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Cygen Holdings sole discretion.
Risk of Loss
All items purchased from Cygen Holdings are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
Cygen Holdings attempts to be as accurate as possible. However, Cygen Holdings does not warrant that product descriptions or other content on the site are accurate, complete, reliable, current or error-free. If a product offered by Cygen Holdings is not as described, your sole remedy is to return the product.
Permissable Use of Site
Subject to the terms of this agreement, Cygen Holdings grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. Cygen Holdings may terminate this license at any time for any reason.
The rights granted to you in this agreement are subject to the following restrictions:
(a) you shall not use the site to place an order on behalf of yourself or a third party for resale to that third party
(b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site, its products or its content without the express written consent of Cygen Holdings
(c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site
(d) you shall not access the site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant
(e) except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Cygen Holdings express written consent
(f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Cygen Holdings express written consent.
Cygen Holdings reserves the right, at any time, to modify, suspend, or discontinue the site or any part thereof with or without notice. You agree that Cygen Holdings will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or any part thereof.
Intellectual Property Rights
The site contains valuable trademarks and service marks owned and used by Cygen Holdings. Any use of the Cygen Holdings marks without the prior written permission of Cygen Holdings is strictly prohibited. The arrangement and layout of the site including but not limited to, the Cygen Holdings marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the "site content") are the sole and exclusive property of Cygen Holdings.
Unauthorized copying, reproducing, modifying, rebublishing, uploading, downloading, posting, transmitting, making deprivative works of or duplicating all or any part of the side is prohibited.
Cygen Holdings uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these products, and other such third parties, that are not owned by us but appear on the site are the property of their respective owners.
Limitations Regarding Information Articles and Advice
Cygen Holdings offers information, articles and advice to vehicle enthusiasts through this site for educational purposes only. Cygen Holdings does not warrant this advice and you agree to hold Cygen Holdings harmless in the event information is inaccurate, even in the event of it causing damage to personal property, injury or death.
Acceptable Use Policy
You agree not to use the site to collect, upload, transmit, display, or distribute any user content:
(a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right
(b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way
(c) in violation of any law, regulation, or obligations or restrictions imposed by any third party
In addition, you agree not to use the site to:
(a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data
(b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise
(c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent
(d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks
(e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means
(f) harass or interfere with another user's use and enjoyment of the Site.
We reserve the right, but have no obligation under this agreement, to review any user content, investigate and/or take appropriate action against you, at our sole discretion, if you violate the acceptable use policy or any other provision of this agreement, including removing or modifying your user content, terminating your Cygen Holdings account, and/or reporting you to law enforcement authorities. We may also remove or modify your user content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Cygen Holdings account username and password, IP address and traffic information, usage history, and your user content.
Third Party Sites and Other Users
The site may contain links to, or advertisements for, third party web sites, for example social media sites such as Facebook, YouTube, Twitter or Pinterest. Such third party sites are not under the control of Cygen Holdings and Cygen Holdings is not responsible for any third party sites. Cygen Holdings provides links to these third party sites only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to third party sites. You agree that you use all third party sites at your own risk. When you link to a third party site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party site.
Each site user is solely responsible for any and all of its user content. Because we do not control user content, you acknowledge and agree that we are not responsible for any user content and we make no guarantees regarding the accuracy, currency, suitability or quality of any user content, and we assume no responsibility for any user content. Your interactions with other site users are solely between you and such user. You agree that Cygen Holdings will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any site user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims and actions of any kind including personal injuries, death and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other site users or third party sites.
Disclaimer of Warranties
Cygen Holdings intends for the information and data contained in the site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'As Is' and "As Available". You expressly agree that your use of the site and any information contained therein is at your sole risk. Neither Cygen Holdings nor its third parties warrant the accuracy or completeness of the content provided, the products or services offered for sale on this site. We cannot and do not warrant that your use of this site will be uninterrupted, secure or error free. Accordingly, to the extent permitted by applicable law, Cygen Holdings Expressly disclaims all warranties, express or umplied, including without limitation, implied warranties of title, non-infrigement, accuracy, merchantability and fitness for a purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation of Liability
In no event shall Cygen Holdings, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us, or any independent contractors, be liable to you or any third part for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in any way related to your relationship with Cygen Holdings, your use of the site, products, or third party sites, or your interaction with or reliance on any advice from any such reason or entity even if we have been advised of the pissibility of such damages. Access to, and use of, the site, products and third party sites and any interactions with or reliance on advice from any such person or entity are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom, notwithstanding anything to the contrary contained herein, our liability to you from any damages arising from or in any way related to your relationship with Cygen Holdings, any interactions with or reliance on adivice from any such person or entity, or this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of Fifty Dollars or Amount You've paid Cygen Holdings in the prior 12 months. We agree that any claim between us must be brought within two years. Some juridictions do not allow the limitation or exclusion of liability for incidental of consequentional damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisiction.
Indemnity
You agree to indemnify and hold Cygen Holdings, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, independent contractors, and any other companies under common control with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the site or products, your user content, your violation of this agreement, or your interaction with such independent contractors or reliance on any advice provided by them. Cygen Holdings reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Cygen Holdings. Cygen Holdings will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Arbitration
Except for a claim that may be brought in small claims court, you and Cygen Holdings agree to give up any rights to litigate claims in a count or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
Any and all disputes between you and Cygen Holdings, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates, or independent contractors (collectively for purposes of this section, 'Cygen Holdings'), including disputes arising from or relating to these Terms of Use, the Privacy Policy, and any other policy in effect at the time of your use, any purchase on www.unrealmotors.com, communications between you and Cygen Holdings, the reliance on any advice provided by such independent contractors, or other products, programs, services or promotions provided by Cygen Holdings, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration administered by the JAMS, Inc. under its rules applicable to consumer disputes, in effect on the date thereof. Information on JAMS and how to start arbitration can be found at www.jamsadr.com or by calling 800-352-5267. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of your residence, as determined based on your shipping address on file with www.unrealmotors.com. Except for a demand determined by an arbitrator or court to be frivolous, Cygen Holdings will pay up to $10,000 in costs and expenses that otherwise might be due by you under the JAMS consumer arbitration rules. At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone or based on the parties’ written submissions. Notwithstanding the above, you or Cygen Holdings can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Cygen Holdings will provide such notice by e-mail to your e-mail address on file with Cygen Holdings and you must provide such notice by e-mail to legal@cygenholdings.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This provision is a precondition to any arbitration demand.
Cygen Holdings and you agree that any covered dispute hereunder will be submitted to arbitration on an individual basis only. Neither Cygen Holdings nor you are entitled to arbitrate any covered dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these terms to the contrary, we agree that if Cygen Holdings makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to Cygen Holdings. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Oklahoma County, Oklahoma to resolve such claims.
Term and Termination
Subject to this Section, this agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Cygen Holdings account) or (b) terminate this agreement, at any time for any reason at our sole discretion, including for any use of the site in violation of this agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Cygen Holdings account and right to access and use the site will terminate immediately. You understand that any termination of your Cygen Holdings account may involve deletion of any user content you may have posted. Cygen Holdings will not have any liability whatsoever to you for any termination of this agreement, including for termination of your Cygen Holdings account or deletion of your user content.
The provisions herein related to our intellectual property rights, user content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, including the end of any other aspect of the relationship between you and Cygen Holdings, including your decision to stop purchasing from Cygen Holdings or the cancellation or end of any participation in any service, program, or promotion offered by Cygen Holdings, will survive any termination of these terms of use.
General
We reserve the right to make changes to our Site, this agreement and other service terms, such as our privacy policy, and other miscellaneous policies, at any time. Each time you use our site, you should visit and review the then current terms and policies that apply to your transactions and use of our site. If you do not agree to be bound by the then current terms and policies, your sole remedy is not to use our Site. If any terms of this agreement or other service terms are deeded invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.
Our failure to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. This agreement is governed by the laws of the State of Oklahoma without regard to conflict of law provisions. The section titles in this agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of this agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Cygen Holdings prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this agreement shall be binding upon assignees.