Effective Date: 2/17/2025
Welcome to the website of Midwest Motorsports Arsenal, LLC d/b/a Motorsports Arsenal (“Motorsports Arsenal,” “we,” “our,” or “us”). By accessing or using our website (the “Site”) and purchasing products or services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Agreement”). Please read these terms carefully before using our Site or services and before purchasing any products.
WARRANTY DISCLAIMER:
ALL WARRANTIES, BOTH EXPRESS AND OR IMPLIED, ARE HEREBY DISCLAIMED AND CUSTOMER AGREES THAT ANY PURCHASE OF PARTS, PRODUCTS, AND OR SERVICES FROM MIDWEST MOTORSPORTS ARSENAL, LLC (HEREIN “MOTORSPORTS ARSENAL” “WE,” “OUR,” AND OR “US”) THEREBY CREATES AN AGREEMENT BETWEEN THE CUSTOMER AND MOTORSPORTS ARSENAL AND ANY AND ALL ASSOCIATED PERSONNEL THAT THE CUSTOMER SHALL HAVE NO CLAIM FOR ANY WARRANTY AGAINST MOTORSPORTS ARSENAL; FURHTER, THE PURCHASER – IF A PURCHASE IS MADE FROM MIDWEST MOTORSPORTS ARSENAL, LLC (WHETHER ASSOCIABLE WITH ANY INVOICE, QUOTE, AND OR OTHERWISE) – EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES THAT THE PURCHASER AGREES TO INDEMNIFY AND HOLD HARMLESS MOTORSPORTS ARSENAL AND ANY AND ALL OF ITS AND OR OUR ASSOCIABLE PERSONNEL AND OR SUPPLIERS FROM ANY AND ALL LIABILITIES, COSTS, DAMAGES , AND OR CLAIMS (WHETHER ANY OF THE SAME INCLUDE, BUT WHICH OF THE SAME ARE NOT LIMITED TO, COSTS OF LITIGATION AND OR REASONABLE ATTORNEY’S FEES) – WHETHER THIRD PARTY OR OTHERWSIE – RELATED IN ANY WAY TO ANY PRODUCTS, PARTS, PURCHASES, AND OTHERWISE TO INCLUDE COSTS OF DEFENSE AND REASONABLE ATTORNEY’S FEES.
WITH RESPECT TO PRODUCTS FURNISHED AND OR SUPPLIED BY CUSTOMER THERE SHALL BE NO WARRANTY OF MERCHANTABILITY AND NO OTHER WARRANTY, WHETHER EXPRESS AND OR IMPLIED, EXCEPT THAT THE INSTALLATION OF SUCH PRODUCTS HAVE BEEN PERFORMED WITH WORKERLIKE QUALITY. ANY AND ALL OTHER WARRANTIES AND OR CLAIMS THEREFORE, WHETHER EXPRESS AND OR IMPLIED, IN ANY OTHER AGREEMENT ARE HEREBY WAIVED BY THE PARTY PROCURING SERVICES FROM MOTORSPORTS ARSENAL AND MOTORSPORTS ARSENAL SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS AND OR IMPLIED AS THOUGH THIS AGREEMENT SUPERCEDED ANY OTHER AGREEMENT AND OR WARRANTY TO THE CONTRARY.
Manufacturer’s Warranties
For products covered by a manufacturer’s warranty, Customer shall refer to the warranty terms provided by the manufacturer and hereby expressly indemnifies and holds Motorsports Arsenal harmless from any and all claims and or damages (including, but not limited to, reasonable attorney’s fees) resulting from the Customer’s use and or any third party’s use and or harm related to the products sold and or installed by Motorsports Arsenal. Motorsports Arsenal is not responsible for manufacturer warranty claims, repairs, or replacements.
Limitations of Liability
Motorsports Arsenal is not liable for any incidental, consequential, or indirect damages arising from the use or inability to use any product purchased, including but not limited to lost profits, downtime, or damage to property whether that of the Customer or any other third party.
Customer Responsibility
It is the customer’s responsibility to ensure proper usage, and maintenance of the products sold.
- Acceptance of Terms
By accessing or using the Site, including purchasing products or utilizing consultative services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, you must refrain from using our Site and or purchasing any products and or services from us – in the event that Customer does purchase any products and or services from us the Customer is assuming any and all obligations and or requirements of ours herein these Terms and Conditions.
2. Modification of Terms`
Motorsports Arsenal reserves the right to update, modify, or amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms periodically for any updates.
3. E-Commerce Terms
3.1 Orders and Payment
All orders placed through the Site are subject to acceptance by Motorsports Arsenal. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations where payment cannot be processed or inventory is unavailable, without prior notice to the Customer.
Payment must be made at the time of order, and the Customer is responsible for providing accurate and complete billing and address (whether shipping or otherwise) information.
3.2 Shipping and Delivery
Shipping terms, including fees and delivery schedules, are outlined at the time of purchase. While we strive to fulfill orders promptly, we cannot guarantee delivery times and are not responsible for delays caused by third-party carriers or other factors beyond our control.
3.3 Returns and Refunds
All sales are final unless otherwise specified by Motorsports Arsenal in their sole discretion. Motorsports Arsenal will only accept returns or offer refunds for damaged or defective products as outlined in our Return Policy. Any authorized returns must be in their original packaging and unused condition. Any and all sales on any digital product, including but not limited to calibration files, may not be returned in any instance for any refunds.
4. Vehicle Modifications Disclaimer
By utilizing the consultative services provided by Motorsports Arsenal, you acknowledge that any modifications, enhancements, or alterations made to your vehicle are done at your own risk. You are solely responsible for ensuring that any modifications comply with all applicable local, state, and national regulations, including but not limited to safety, emissions, and roadworthiness standards.
Motorsports Arsenal does not provide any warranties, guarantees, or assurances regarding the compliance of vehicle modifications with regulatory requirements nor of functionality and or continued functionality – performance product(s) addition and or installation on any vehicle (whether the performance products are intended for a specific vehicle or otherwise) is a risk that the Customer is expressly acknowledging by either purchasing products and or services from us and or when the Customer installs any performance products on their vehicle(s) or any other person/entity’s vehicle(s). PERFORMANCE PARTS INSTALLATION CREATES RISK OF PREMATURE WEAR AND OR FAILURE IN ANY CONTEXT AND CUSTOMER AGREES THAT WE CANNOT BE HELD LIABLE AND OR PREDICT THE STATE OF THE VEHICLE BEING MODIFIED AND OR WHAT THE MODIFICATIONS MAY OR MAY NOT DO TO A VEHICLE. Compliance with all laws and regulations is the sole responsibility of the vehicle owner and/or operator.
IF A PRODUCT IS PURCHASED AND OR INSTALLED BY CUSTOMER WHICH IS NOT IN COMPLIANCE WITH THEIR STATE, FEDERAL, OR OTHER APPLICABLE LAW AND OR THE PRODUCT IS PURCHASED AND OR INSTALLED AND CREATES A FAILURE OF ANY KIND THE CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD MIDWEST MOTORSPORTS ARSENAL, LLC AND ITS OWNERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, AND OR OTHER ASSOCIATED BUSINESS RELATED PARTIES HARMLESS FROM ANY AND ALL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF LITIGATION AND OR REASONABLE ATTORNEY’S FEES) WHETHER THOSE DAMAGES ARE ASSESSED AS FINES OR OTHER COSTS TO THE CUSTOMER, FINES OR OTHER COSTS TO MIDWEST MOTORSPORTS ARSENAL, LLC AND OR ITS AFFILIATES, OR OTHERWISE.
5. No Warranty Disclaimer
Motorsports Arsenal makes no warranties, express or implied, regarding the products or services offered on the Site, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the performance, quality, or safety of any products or modifications provided through the Site and or in person.
6. Intellectual Property
All content on the Site, including but not limited to logos, graphics, text, and images, are the intellectual property of Motorsports Arsenal or our licensors. You may not use, reproduce, or distribute any content from the Site without prior written permission.
7. Limitation of Liability
To the fullest extent permitted by law, Motorsports Arsenal, its officers, employees, agents, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or business interruption, arising from your use of or inability to use the Site or the products and services provided.
8. Indemnification
You agree to indemnify, defend, and hold harmless Motorsports Arsenal, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site, violation of these Terms, or any violation of applicable law or regulation related to your vehicle modifications.
9. User Conduct and RIGHT TO COUNSEL
You agree to use the Site only for lawful purposes and in accordance with these Terms and Conditions. You are prohibited from engaging in any activity that may damage, disable, or impair the functionality of the Site or interfere with other users’ access to the Site.
CUSTOMER UNDERSTANDS THAT THEY HAVE A RIGHT TO AND HEREBY THE OPPORTUNITY TO ENGAGE LEGAL COUNSEL OF THEIR CHOOSING BEFORE PLACING THEIR ORDER AND THEREBY AGREEING TO OUR/THESE TERMS AND CONDITIONS. BY PLACING THE ORDER AND OR CHECKING THE BOX THAT THE CUSTOMER HAS “READ AND AGREE(S) TO THE WEBSITE TERMS AND CONDITIONS” THE CUSTOMER HEREBY WAIVES THEIR RIGHT TO HAVE LEGAL COUNSEL OF THEIR CHOOSING REVIEW AND OR NEGOTIATE ANY SALE OF ANY PRODUCT AND OR SERVICES AND OR THE CUSTOMER’S OBLIGATIONS REGARDING THESE TERMS AND CONDITIONS.
10. Privacy
Your use of the Site is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Site, you consent to the practices described in the Privacy Policy.
11. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Iowa, without regard to its conflict of law principles. By using the Site and or purchasing any products and or services from us, Customer agrees that any dispute, claim, or controversy arising out of or relating to any purchase of products and or services by the Customer (the “Action”) from us must be brought in the State Court of Iowa in Story County if the Action contemplates state level claims and in the Federal Court for the Northern District of Iowa if the action contemplates federal claims or is otherwise subject to Federal (as opposed to State) Court jurisdiction. The Customer understands and expressly agrees that they will ensure that Customer and or any person and or entity acting on behalf of and or in place of the Customer, expressly consents to the personal jurisdiction of such courts and waives any objection to venue or forum non conveniens.
12. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms and Conditions, Customer agrees to resolve the matter through binding arbitration rather than in court should we choose to require that manner of dispute resolution in our sole discretion. Arbitration will be conducted in accordance with the rules of the American Arbitration Association in the State of Iowa.
13. Severability
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, that provision will be severed from the Terms, and the remaining provisions, and or any part thereof, will continue in full force and effect.
14. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Motorsports Arsenal regarding the use of the Site. Any previous agreements or communications, whether written or oral, are superseded by these Terms.
