Last Updated: September 22nd, 2022
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. When we update these Terms, we will update the Last Updated date at the top of these Terms. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- ONLINE STORE TERMSBy agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Site, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of these Terms will result in an immediate termination of your access to this Site.
- GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at any time. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the Site through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
- MODIFICATIONS TO THE SERVICE AND PRICESPrices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
- PRODUCTS AND/OR SERVICESCertain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information purchased or obtained by you will meet your expectations, or that any errors in the products, services, or information will be corrected.
- ACCURACY OF BILLING AND ACCOUNT INFORMATIONWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy
By using this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with the involvement of a parent or guardian. EGR reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in its sole discretion.
- OPTIONAL TOOLSWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
- THIRD-PARTY LINKSCertain content, products and services available via our service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- USER CONTENT, FEEDBACK AND SUBMISSIONSIf, at our request, you send certain content (“Content” refers to any text, photos, graphics, images, videos, audio-video clips, and other materials posted on the internet, on this Site, or related website, in an email, postal service, mobile sites or social media platform) you are agreeing to grant us a non-exclusive, perpetual, worldwide, royalty-free, transferable, irrevocable permission to use, modify, display, adapt, publish, sell, translate, create derivative works from, distribute and commercialize the Content in any form of communication/medium, without obtaining additional consent, without restriction and without compensating you. You also grant us the right to include or exclude any attribution, name or username provided with the Content submitted; and you represent that you have all of the rights and permissions necessary for you to use the Content and it will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We are and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay compensation for any Content; or (3) to respond to or post any Content. We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. You further agree that the Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Content. You are solely responsible for any Content you make and their accuracy. We take no responsibility and assume no liability for any Content posted by you or any third-party.
Although we are pleased to receive Content from users and customers, it is our policy not to accept or consider new products ideas, engineering drawings, advertisements, creative ideas, suggestions or materials (“Submissions”) other than ideas that we have specifically requested in writing. Please do not submit any unsolicited inventions, creative suggestions, ideas, notes, drawings, concepts or other similar information (also “Submissions”). You agree that any such unsolicited Submissions shall become, and will forever remain, EGR's property. No such Submissions of any information will be subject to any obligation of confidence on EGR's part and EGR shall not be liable in any way for any use or disclosure of any such Submission of information. EGR shall exclusively own all now-known or future existing intellectual property rights to any unsolicited Submissions of any kind and nature submitted to it, and shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without any consideration being owed or due to you. The disclosure or offer of any Submission or other similar information by you will constitute a grant of assignment to EGR of all worldwide rights, titles and interests and goodwill in these Submissions without payment or any compensation.
- INTELLECTUAL PROPERTYCOPYRIGHTS. This Site contains copyrighted images and Content owned by EGR . These copyrighted works are protected by United States and international copyright law. EGR grants to you a limited, nonexclusive, nontransferable license to access and make personal and noncommercial use of the Site. Without the prior written authorization from EGR, any other use of this Site is expressly and strictly prohibited and terminates the limited, nonexclusive, nontransferable license granted to you. You may not download (except for page caching), reproduce, distribute copies of, retransmit, sell, publicly display, or create derivative works of, this Site or any work incorporated into the Site. You may not use the Site or any work incorporated into the Site for commercial purposes. You may not collect or use product listings, descriptions, product images or prices, or download account information for the benefit of any third party. You may not use data mining, robots or similar data gathering or data extraction tools on the Site.
TRADEMARKS. EGRs owns the following trademarks EGR. All other trademarks marked with the registration symbol ("®") (Toyota®, GMC®, Ford®, Ram®, Chevrolet®, Bronco®) are registered marks of their respective owners and appear on this Site in order for EGR to reference our products made for particular makes and models of vehicles for which our products can be used. In no way does our use indicate any relationship or affiliation of EGR with the vehicle manufacturer, nor does it signify that the vehicle manufacturer has licensed, is the source of, endorses, approves of or sponsors the sale or use of our products. EGR Concepts vigorously enforces its copyrights, trademarks and other intellectual property. Any use of this Site or any use of the works incorporated into this Site other than for personal and noncommercial use, will be deemed a willful infringement of EGR's rights, and will subject you to liability for damages, statutory damages and/or attorneys' fees.
- NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENTIf you believe that your work has been copied in a way that constitutes copyright infringement, please provide EGR's, at the address below, the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please send all notices to the following address:
4000 E. Greystone Drive
Ontario, CA 91761
- ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site, with the products, service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
- PROHIBITED USESIn addition to other prohibitions as set forth in the Terms and Conditions of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use and access to the Site or any related website for violating any of the aforementioned prohibited uses.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove or postpone access to the Site for maintenance or indefinite periods of time, without notice to you. You expressly agree that your use of, or inability to use or access the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall EGR, its officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or access of any of the service or any products procured using the Site, or for any other claim related in any way to your use of the Site, service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any Content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- INDEMNIFICATIONYou agree to indemnify, defend and hold harmless EGR and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- SEVERABILITYIn the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
- TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and any products or services we offer on the Site.
- GOVERNING LAWThese Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Washington.
- CONTACT INFORMATIONQuestions about the Terms should be sent to us at https://egrusa.com/contact