OCD Custom Motors Parts Store (“Desert-Service”) Web site (the “Site”) is available for use conditioned upon the acceptance, without modification or exception, of all terms, conditions and agreements contained herein (the “Conditions of Use”). If you do not agree to these Conditions of Use you may not use this Site. Your use of the Site constitutes your agreement to the Conditions of Use.

Additional Terms: At times, OCD Custom Motors may present offers or features on the Site which contain additional conditions (the “Additional Conditions”). In the event that the Additional Conditions conflict with the Conditions of Use, the Conditions of Use shall control.

Changes in Conditions of Use: OCD Custom Motors reserves the right to periodically change these Conditions of Use without notice. You are responsible for regularly reviewing these Conditions of Use. Your continued use of the Site constitutes your acceptance of any changes to the Site or the Conditions of Use.

Prohibited Actions: Except as otherwise stated herein, Site users may not copy, reproduce, distribute, publish, modify, transmit, license, display, transfer, perform, create derivative works from, sell or otherwise make use of in an unauthorized manner, any information, graphics, code, designs, interfaces, or services obtained from the Site without written permission from OCD Custom Motors. Additionally, users are prohibited from uploading or placing any commercial content to the Site or from using the Site for solicitations of any kind without written permission from OCD Custom Motors.

Permitted Actions: Site users may electronically copy and/or print a hard copy of portions of the Site for the limited and sole purpose of placing
an order with OCD Custom Motors / Desert-Service. You further agree not to alter or delete any proprietary notices from materials downloaded from the Site.

Typographical Errors: In the event that a product or service is listed on the Site at an incorrect price due to typographical error or error in pricing information received from OCD Custom Motors suppliers, OCD Custom Motors shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card has been charged. If your credit card has been charged prior to the order being cancelled, OCD Custom Motors shall issue a credit to your credit card in the amount charged at the incorrect price.

Third Party Links: As an added value to users, the Site may contain links to other Internet sites that are owned and operated by third parties, and who are not affiliated with OCD Custom Motors (“Third Party Sites”). OCD Custom Motors has no control over or responsibility for the content, conditions of use, privacy policy and/or data collection practices associated with these Third Party Sites. You access these sites at your own risk.

Disclaimer: OCD Custom Motors makes no warranties or representations, express or implied, regarding the accuracy of the contents of the Site or any Third Party Sites. OCD Custom Motors shall not be liable for any direct, indirect, consequential, incidental, or punitive damages resulting from access to or use of any content of the Site or Third Party Sites.

THIS SITE AND ITS ENTIRE CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OCD CUSTOM MOTORS DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OCD CUSTOM MOTORS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS APPLICATIONS WILL BE UNINTERRUPTED OR FREE FROM ERRORS OR REGARDING THE COMPLETENESS, ACCURACY, USEFULNESS, OR RELIABILITY OF THE MATERIALS AND CONTENTS CONTAINED HEREIN.

Indemnification: By using the Site, you agree to indemnify, defend and hold harmless OCD Custom Motors, its successors and assigns, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Conditions of Use, or from any activity (including negligent, wrongful, or criminal conduct) related to your Internet account whether performed by you or by any person accessing the Site using your Internet account.

Governing Law: Use of the Site, including all transactions arising there from, shall be governed by the laws of the state of New Mexico, without regard to its choice of law provisions. By using the Site you agree that jurisdiction over and venue in any legal proceedings involving OCD Custom Motors shall be in a court of competent jurisdiction located in Santa Fe, New Mexico. OCD Custom Motor’s failure to enforce strict compliance with any provisions of the Conditions of Use shall not be construed as a waiver of any provision or rights. The Conditions of Use shall not be modified by either course of conduct between the parties or trade practice. OCD Custom Motors may assign its rights relative to the Conditions of Use to any party at any time without notice to you.