Terms and Conditions
Welcome! Please read these terms and conditions of use ("Terms") carefully before purchasing and using this website. Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. If you do not accept these Terms, do not use this website.
Howey Industries reserves the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of these web pages. Such changes are effective immediately upon posting on this Site and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. Howey Industries reserves the right to revoke any or all access and use authorizations granted to you in regard to this Site.
Purchases
Definitions:
"Gift Certificate" shall mean the Howey Industries Store or Cierge Gift Certificate.
"Product" means any item offered for sale or licensing on the Website or Howey Industries's direct sales materials (ads, catalogs, specifications sheets, etc.), including but not limited to wheels, tires, performance parts, mobile electronics and all associated documentation.
"Website" means the Howey Industries Store website located at www.howeyindustries.com.
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Orders/ Acceptance by Howey Industries/Acceptance of This Agreement by You:
All orders of Products placed by you with Howey Industries are non-cancelable and shall be subject to acceptance by Howey Industries. Howey Industries reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
With respect to Howey Industries Product Lines, Howey Industries makes no warranties except those stated in the original manufacture warranty. You agree to look solely to such manufacturer or supplier for any warranty related claims. Howey Industries EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Payment Terms; Price Confirmation/Billing Errors:
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Order Submission. Howey Industries will charge credit cards upon recieving order submission confirmation. Howey Industries accepts Mastercard, Visa, and PayPal. Howey Industries does not accept cash, COD, purchase orders, or personal checks unless specific arrangements have been made for business sales. Howey Industries payment terms are subject to change without notice at Howey Industries's sole discretion. For orders from the Website, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a Howey Industries Web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We reserve the right to correct the balance of your Gift Certificate if we believe a clerical, billing or accounting error occurred. Howey Industries shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date. Howey Industries further accepts the Howey Industries Gift Certificate and up to 10 Gift Certificates can be used for payment.
Howey Industries continually updates and revises Products. Howey Industries may revise and/or discontinue Products at any time. Changes in products shipped and products described on Howey Industries websites and/or direct sales materials are possible. Howey Industries Products are new unless specified as refurbished.
Your Gift Certificate is issued by Howey Industries and has no expiration date. The Gift Certificate must be activated prior to its initial use and presented at time of purchase. The value loaded on your Gift Certificate is a pre-payment only for the purchase of Products and services from the Website. No credit card, credit line, overdraft protection or deposit account is associated with the Gift Certificate. The Gift Certificate may not be returned, redeemed or exchanged for cash, or used as payment on any Howey Industries account except where required by law. No interest, dividends or any other earnings on funds deposited to a Gift Certificate will accrue or be paid or credited to you by Howey Industries. The value associated with the Gift Certificate is not insured by the Federal Deposit Insurance Corporation. The Gift Certificate will not be replaced if lost or stolen and Howey Industries will not be responsible for any unauthorized transaction on the Gift Certificate. Up to 10 Gift Certificate may be used as payment for your purchase.
You may not use coupons or promotional codes toward the purchase of gift Certificate, refurbished or open-box returned product, shipping & handling or sales tax. Additionally, coupons and promotional codes may not be used towards the purchase of any of the products listed in online auctions at www.ebay.com.
Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Unique coupon codes must be provided at time of redemption through the Website. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. If you have questions regarding a coupon or promotional code, please call 1-888-554-7755. Coupon/promotional code programs may be terminated or modified by Howey Industries at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
Howey Industries's return policy allows for Products purchased directly from Howey Industries and shipped to locations in the United States to be returned by you after obtaining a Howey Industries return authorization number (RMA) during the 30 day return period following date of shipment by Howey Industries for a refund of purchase price actually paid. Custom Wheels, Mounted Wheels, Gift Cards, and used Products are non-returnable items. If you have received damaged, defective or incorrectly shipped merchandise, please notify Customer Service within 10 days. Howey Industries reserves the right to repair Custom Wheels that are deemed defective. The RMA number may be obtained by visiting the returns section of the website or by calling Howey Industries's Customer Support at 1-888-554-7755, and must be noted on the outside of the returned Product's container. Products must be returned in the original packaging. Shipping and handling charges are not refundable. A 20% restocking fee applies to all returned items that are not damaged, defective or incorrectly shipped. RMAs are valid for only 14 days from issuance. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Howey Industries. If you return Product to Howey Industries (i) without a RMA from Howey Industries or (ii) beyond the 14 day issuance period, or (iii) without proper packaging, Howey Industries retains the right to either refuse delivery of such return or charge you an additional restocking fee. Please allow up to eight weeks for Howey Industries to credit your account.
Shipping and Handling/Risk of Loss:
Product prices do not include shipping and handling. Howey Industries will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier. Please see shipping information for more details.
BOTH YOURS AND Howey Industries'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR HOWEY INDUSTRIES BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER YOU NOR HOWEY INDUSTRIES SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
You certify and agree that you are purchasing Product(s) for your own personal use only and not for resale. You shall not resell Products or remove components from Product for resale.
Governing Law/Waiver of Jury Trial:
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of Illinois, without regard to conflicts of laws rules. You agree that the courts of Illinois shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Cook County, State of Illinois; or (ii) the District of Illinois of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Howey Industries shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Howey Industries. Quantities are subject to availability. In the event of shortage, Howey Industries may allocate sales and deliveries in its sole discretion.
Failure of Howey Industries to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
These terms and conditions constitute the entire and exclusive agreement between you and Howey Industries concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Howey Industries.
Disclaimer
Prices do not include tax or shipping. Reseller prices may vary. Specifications, availability, prices and terms of offer are subject to change without notice. Howey Industries is not responsible for photographic, typographic or system errors.
Website
1. Services. The information contained on this website, including all web page documents, audio and video files, all data and all content (the "Site" or "Website") is provided for your use conditional upon your acceptance without modification of the Terms. This Website is owned and operated by Howey Industries (referred to herein as "Howey Industries," "we," "us," or "our"). Howey Industries provides you with access to a variety of resources, including but not limited to product information and product purchasing (collectively "Services").
2. Use Limitation. While we encourage you to print information to help you use this Site, unless otherwise specified, no Services on this Site, including but not limited to the content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works from or used in any other way, except with prior written permission from Howey Industries and with express attribution to Howey Industries. You may not alter or attempt to alter any material on the Site, or the Site itself. You also may not, without our permission, "mirror" any material contained on this Site or any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes. You represent and agree that you are at least 14 years of age and that if you are younger than 14 you will not use this Site.
3. No Unlawful or Prohibited Use. Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws. You may not use the Site in any manner that could disable, overburden, or impair any Howey Industries server, or interfere with any other person's use and enjoyment of the Site, other accounts, computer systems or networks connected to any Howey Industries server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality. Howey Industries may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site.
4. Ownership, Copyright And Trademark. You agree and acknowledge that Howey Industries is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site may violate such laws. The trademarks, logos, and service marks used and displayed on this Site (the "Trademarks") are registered and unregistered trademarks of Howey Industries and others. Under no circumstances may you use any of the Trademarks, whether owned or licensed to us. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner. If you make any copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide Howey Industries with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information - name address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. This notice should be signed and provided to Howey Industries's designated copyright agent as set forth below:
Howey Industries
Attn: Copyright Agent
[COMPANY Address]
[COMPANY City], [COMPANY State] [COMPANY Zip]
5. Duration of This Agreement. This Agreement will continue to be effective until you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site and by ceasing to use the Site in any way. We may terminate this Agreement immediately and without notice.
6. Information Provided By You. We do not want you to, and you agree through the use of this Website, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Howey Industries or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
Any contact or communication which you may make with us or our employees via this Site is property of Howey Industries, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You agree to indemnify and hold Howey Industries harmless against any legal claims (including all costs related thereto such as court costs and attorney's fees) arising from your posting any such material on this Site. You understand that information transmitted over public networks may be accessed by third parties and Howey Industries will not be liable for any such unauthorized disclosure.
Howey Industries and its employees do not accept or consider unsolicited ideas. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes with Howey Industries. So, please do not send your unsolicited ideas to Howey Industries or anyone at Howey Industries. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Howey Industries makes no assurances that your ideas and materials will be treated as confidential or proprietary.
7. Third Party Content and Linked Sites. You acknowledge that the opinions and recommendations expressed or made available in this Site are those of the respective author(s) and are not necessarily those of Howey Industries or endorsed by Howey Industries. This Site may contain links to other sites created and maintained by other organizations, which may or may not be related to Howey Industries. These links are provided for your convenience and are for reference only and you agree that links do not imply that Howey Industries is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of Howey Industries. You acknowledge that the linked sites are not controlled by Howey Industries and different legal terms and other policies may apply. We are not responsible for linked sites. We reserve the right to disable links, but we are not obligated to do so.
8. Disclaimer of Warranties and Limitations of Liability. Your use and browsing of this Site is at your sole risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
THIS WEBSITE, AND THE AND INFORMATION CONTAINED ON THIS WEBSITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, Howey Industries DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. Howey Industries (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Howey Industries (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTA TIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL NATURE FLOORING (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
9. Jurisdiction And Governing Law. Howey Industries operates and controls this Site (excluding linked sites) from its office within the State of Illinois, United States of America. You agree that the statutes and laws of the State of Illinois, without regard to its conflicts of law principles, will apply to all matters regarding the use of this Site. You also agree to submit to the exclusive personal jurisdiction and venue of the Court of Illinois County and the United States District Court for the District of Illinois with respect to such matters. Howey Industries makes no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
10. International Users. Materials published at this Site may refer to products, programs or services that are not available in your country. Howey Industries makes no representation that this Site or the materials at this Site are appropriate or available for use at locations outside of the United States.
