Terms and Conditions

 

These terms and conditions are applicable to Gluon Solutions, Inc., a Delaware corporation (hereinafter referred to as “Gluon”) software or hardware users, including, but not limited to, suppliers, resellers, customers, distributors, service agents, contractors, developers (hereinafter referred to as “User”).

PRICING:All prices are subject to change without prior notice. Please call for current prices and availability of products. We reserve the right to discontinue products as necessary because of quality, availability, price or other reasons. All pricing is in USD for the USA market only.

RETURNS:All returns must be made within 30 days and are subject to a restocking fee. Customer must first obtain a return authorization number (RMA) from Gluon. A 15% handling and restocking fee will be assessed for each item returned unless User has made other arrangements with Gluon. All return shipments must be prepaid by User. There are no refunds on shipping. All returned items must be in as-new, resellable condition. Any item that has been installed on a vehicle will not be accepted for return under any condition. Please note that certain items are non-returnable or refundable.

CLAIMS:All merchandise is in good condition when it leaves our shipping department. If a part is lost (box broken open) or damage via transit, User should immediately notify Gluon and the shipping carrier. User shall be responsible for all risks related to shipment. Should the User desire a shipment to be insured, it shall be the User’s sole responsibility to procure such insurance.

LEGALITY:Gluon makes no claims as to emission performance for street or highway use. Some equipment and/or products are not sold for street use in any state or country where state or federal regulations prohibit its use. Some items listed in the online or app catalogs are intended for off road use only. Gluon does not make any claims of street legal use of these products that are not intended for use on public roads whatsoever. Gluon is not affiliated with any automotive manufacturer including, but not limited to, Audi, BMW, Mercedes, Porsche, Volvo, Volkswagen, or any of their subsidiaries. All original artwork is sole property of Gluon. Gluon is not responsible for errors on its website, console, app or hardware. Unauthorized duplication, transmission electronic or otherwise is strictly prohibited. Gluon does not encourage street racing and/or illegal racing on public roads. Gluon encourages all Users to take lessons from local racing schools and/or performance driving school(s) to improve User’s understanding of User’s automobile and its handling capabilities.

WARRANTY:All Gluon items, purchased from Gluon, are warranted to be free from defects in the materials and workmanship prior to installation. Warranty is only applicable to the original owner. This warranty does not cover labor, misuse, faulty installation, failure of related parts or parts purchased other than from Gluon. Each product offered by Gluon may have a specific warranty and User should call for specific warranty information on each product. Each manufacturer may supply different timeframes for their products. Gluon does not support warranty claims on grey market sales of any products.

ECU SOFTWARE UPGRADE LICENSE AND NO REVERSE ENGINEERING:Each Gluon ECU Software Upgrade (hereinafter “Software License”) purchased from Gluon is licensed to a single VIN and User. Each Software License is non-transferable between multiple VINs. User will not duplicate or cause to be duplicated any Software License. User agrees that it shall not reverse engineer any Gluon software, hardware or other technology in any manner, including, without limitation, through decompilation, brute force, CAN logging or disassembly. User shall not create derivative works based on the above mentioned Gluon software, hardware or other technology, it being understood that Gluon shall have all right, title or interest in and to all derivative works based on the Gluon software, hardware and other technology.

PRIVACY STATEMENT:Gluon does not sell, rent, trade, or loan our customer’s names, VIN number, email address or any type of personal information we collect. User may receive information from Gluon, detailing new products, tracking numbers for shipping, or new features on our websites. Gluon may collect information about User’s vehicle and purchasing habits to better serve our User’s and to provide more accurate information.

 

GLUON.COM WEBSITE TERMS OF USE/SERVICE

PLEASE READ THESE WEBSITE TERMS OF USE/SERVICE CAREFULLY BEFORE USING GLUON’S WEBSITE (HEREINAFTER, THE “WEBSITE”). THESE WEBSITE TERMS OF USE/SERVICE (HEREINAFTER, THE “TERMS OF USE”) GOVERN USER’S ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR USER’S USE ONLY ON THE CONDITION THAT USER AGREE TO THE TERMS OF USE SET FORTH BELOW. IF USER DO NOT AGREE TO ALL OF THE TERMS OF USE, USER SHOULD NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, USER AND THE ENTITY USER IS AUTHORIZED TO REPRESENT (HEREINAFTER, “USER” OR “USER’S”) SIGNIFY USER’S AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. Copyrights and TrademarksAny and all intellectual property rights (hereinafter, the “Intellectual Property”) associated with the Website and its contents (hereinafter, the “Content”) are the sole property of Gluon, its affiliates and/or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All images, text, illustrations, designs, graphics, icons, photographs, programs, video clips, and other items that appear on the Website are trademarks, service marks, or trade dress (hereinafter, the “Marks”) of Gluon, its affiliates or other entities that have granted Gluon the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Gluon. Except as otherwise expressly authorized by these Terms of Use, User may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Gluon’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Gluon does not grant to User any express or implied rights to Gluon’s or any third party’s Intellectual Property.

Gluon and its suppliers and licensors expressly reserve all intellectual property rights in all images, text, illustrations, designs, graphics, icons, photographs, programs, video clips, and other items that appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of Gluon’s or any third party’s intellectual property rights.

Gluon’s names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Gluon. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo, or mark in any manner.

References on the Website to any names, marks, products, or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to User and do not in any way constitute or imply Gluon’s endorsement, sponsorship, or recommendation of the third party, information, product, or service. Gluon is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If User decides to link to any such third party websites, User does so entirely at User’s own risk.

2. Disclaimer of WarrantiesGLUON MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE, OR THE CONTENT. GLUON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. GLUON DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. GLUON DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

3. Limitation of LiabilityIN NO EVENT WILL GLUON BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF GLUON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USER IS DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. IN SUCH STATES, GLUON’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

4. Governing LawTHESE TERMS OF USE AND ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE GOVERNED BY, CONSTRUED, AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES OF CALIFORNIA OR ANY OTHER JURISDICTION, AND ALL CLAIMS RELATING TO OR ARISING OUT OF THESE TERMS OF USE, OR THE BREACH THEREOF, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, SHALL LIKEWISE BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING CALIFORNIA’S CONFLICTS OF LAWS PRINCIPLES.

5. Forum SelectionUser irrevocably consent’s to the personal jurisdiction of any state or federal court located within Alameda County, California, United States, and User waives any claim or defense that is based on inconvenient forum or improper venue in any suit or other proceeding that is brought in any state or federal court located within Alameda County, California, United States. User will exclusively bring any claim or action whether state or federal in Alameda County, California, United States.

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