These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Please review our privacy notice near the bottom of this document, which also governs your visit to our website, to understand how we manage your information.
This site is intended for the car enthusiast. We do not promote or condone racing any motor vehicle on public roads. Furthermore, certain products and/or services may result in a vehicle not being legal for use on public roadways. Federal and some state laws prohibit the modification, rendering inoperable and/or removal of any device/altering of any design that affects vehicle emission or safety of a vehicle used on public roadways. The installation of certain products may void an owner’s vehicle warranty coverage.
All content included on this website, including, but not limited to, text, graphics, logos, icons, photographs, video clips, audio bites, etc… is the property of Tracy Lewis Performance and/or its suppliers and, as such, is protected by copyright law.
Tracy Lewis Performance trademarks may not be used in connection with any product or service that does not belong to Tracy Lewis Performance.
The unauthorized use of any trademark displayed on this site is strictly prohibited.
LICENSE TO USE WEBSITE
Unless otherwise stated, Tracy Lewis Performance and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, text, or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Tracy Lewis Performance expressed written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Tracy Lewis Performance expressed written consent.
If Tracy Lewis Performance provides you with a user ID and password to enable you to access this website or other content or services, you must ensure that the user ID and password are kept confidential. You are responsible for maintaining the confidentiality of your account and password, and, you agree to accept responsibility for any and all activities that occur under your account.
Tracy Lewis Performance reserves the right to disable your user ID and password at our sole discretion without notice or explanation. It may also remove or edit content, refuse service or cancel orders at it’s sole discretion.
Access to certain areas of this website is restricted. We reserves the right to restrict access to other areas of this website, or indeed this entire website, at our discretion.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Tracy Lewis Performance a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Tracy Lewis Performance the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Tracy Lewis Performance or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Tracy Lewis Performance reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding, Tracy Lewis Performance rights under these terms and conditions in relation to user content, Tracy Lewis Performance does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
TRACY LEWIS PERFORMANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION, CONTENT, PRODUCTS AND SERVICES INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK TO THE EXTENT ALLOWED BY APPLICABLE LAW.
TRACY LEWIS PERFORMANCE PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TRACY LEWIS PERFORMANCE PRODUCTS HEREBY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE, EITHER DIRECT OR INDIRECT, WHICH RESULTS FROM YOUR USAGE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, INCLUDING PUNITIVE, WHICH YOU MAY SUSTAIN.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR EXCLUSIONS OR LIMITATIONS ON CERTAIN TYPES OF LIABILITY AND/OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS
ALL PRODUCTS SOLD ON THIS WEBSITE ARE GOVERNED BY THEIR RESPECTIVE MANUFACTURERS WARRANTIES. PLEASE CONTACT US FOR ANY INFORMATION REGARDING A SPECIFIC PRODUCT.
Limitations of Liability
Tracy Lewis Performance will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Tracy Lewis Performance has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Tracy Lewis Performance has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Tracy Lewis Performance officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Tracy Lewis Performance officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Tracy Lewis Performance.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Tracy Lewis Performance and undertake to keep Tracy Lewis Performance indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Tracy Lewis Performance to a third party in settlement of a claim or dispute on the advice of Tracy Lewis Performance Products legal advisers) incurred or suffered by Tracy Lewis Performance arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to Tracy Lewis Performance other rights under these terms and conditions, if you breach these terms and conditions in any way, Tracy Lewis Performance may take such action as Tracy Lewis Performance deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Tracy Lewis Performance may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Tracy Lewis Performance may transfer, sub-contract or otherwise deal with Tracy Lewis Performance rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LAW AND JURISDICTION
Any and all disputes with regard to any service, products, or any way related to Tracy Lewis Performance. shall be venued in the State of Florida, County of Manatee, in the local courts (Not in federal court). By purchasing services or products from Tracy Lewis Performance you hereby consent, authorize, and agree to the foregoing forum selection clause and you submit to jurisdiction in said court. The law of choice shall be that of Florida.
Tracy Lewis Performance offers flat shipping rates for most products shipped to the lower 48 US states and Canada. Larger products will have varying shipping charges. Shipments outside of the US and Canada will also have varying shipping charges.
All shipping charges are reflected as accurately as possible in the online store. However, customers should be aware that larger products, and shipping addresses outside of the lower 48 US states and Canada will most likely be higher. This may NOT be accurately reflected in the order total on the site. Before the item ships, all additional shipping charges MUST be paid by the customer. Tracy Lewis Performance highly recommends that customers contact us prior to ordering if they are outside of the normal shipping regions or if the product states that it will have non-standard shipping charges. Tracy Lewis Performance may refund the order if it is placed before the customer contacts us for a shipping quote, but may keep a portion of the payment to cover the processing fees for the payment and/or refund.
When in doubt about the shipping charges, contact us before placing your order.
Returns for refund are allowed for 30 days from the date of purchase. Any returns after the initial 30 days are considered warranty returns and will be governed by the Warranty Policy set forth in this document.
All returns require expressed written authorization from Tracy Lewis Performance and must be accompanied by a Return Merchandise Authorization (RMA) Number. All returns are subject to a restocking fee of 10%. All returned products must be in the same condition as at time of purchase. Refunds will only be given after inspection by Tracy Lewis Performance.
Discontinued, damaged, used and special order items are not returnable. Also, any items that have been installed, serviced or worked on by anyone other than Tracy Lewis Performance are not returnable.
Fees for shipping and handling are nonrefundable. The customer is responsible for all return shipping charges as well as any damage that may occur in the course of shipping.
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience
(your information helps us to better respond to your individual needs)
To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, survey or other site feature
To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their account and going to the ‘My Account’ page.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Tracy Lewis Performance
720-A 17th Street East
Palmetto, FL 34221
Copyright © 2019 Tracy Lewis Performance / RX Catch Cans