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  • EMAIL US info@murraykustomrods.com
  • CALL US 817.Hot.Rods / 817.468.7637
  • 1916 Parkwood Dr.
    Bedford, TX 76021
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1816 Parkwood Dr.
Bedford, TX 76021

Phone
817.Hot.Rods
817.468.7637
Email
info@murraykustomrods.com

Privacy Policy

Privacy Policy

Our Commitment To Privacy

Murray Kustom Rods is committed to respecting the privacy and security of the personal information of every individual who uses our website, www.murraykustomrods.com (which we refer to in this Privacy Policy as the “site”, which term also refers to any content, functionality and services offered on or through the site). This Privacy Policy outlines the information we will collect and how we will use that information, so that you may be informed about how we use your personal information and the choices you have regarding our use of, and your ability to review and change, your information.

The site is owned by Murray Kustom Rods LLC (who we refer to, together with our affiliates, as “us”, “we” or “our”).


Changes To Our Privacy Policy

Because of changes in Internet technology and practices, this Privacy Policy, and our security and other policies, may change from time to time. Please consult this portion of the site for important changes to the Privacy Policy as they occur. By using the site after we post any changes to this Privacy Policy, you agree to accept those changes, whether or not you have reviewed them, and such acceptance will be deemed legally conclusive.


How We May Collect and Use Non-Personally Identifiable Information

General - You can visit most of our web pages without telling us who you are or revealing any personal information about yourself. Like most websites, we automatically collect certain information as you browse our site, but the data we collect in this manner is limited to “browsing data” that is not used to personally identify you. Examples of this type of information include the IP address of the computer used when accessing the site, information about your operating system and computer environment, the frequency of your use of the site, and your use of any hyperlinks available on the site. We and our service providers, agents and advisors may process and use this data for purposes such as making sure the site works properly, assessing patterns of use, making improvements to the quality of the site and planning and evaluating marketing and communications initiatives.

Cookies - When you view the site, we might store some information on your computer in the form of a “cookie” or similar file. “Cookies” are small text files that either are used for the duration of a session (‘session cookies’), or are saved on a user’s hard drive in order to identify that user the next time he/she logs on to the site (‘persistent cookies’). We may use ‘session cookies’ to identify registered users logging in to the site. These cookies are deleted from the component’s server soon after the session ends and are not collected or saved.

We use ‘persistent cookies’ to recognize you when you return to the site, to recognize your password if you have clicked on the “save password” check box on login, and to analyze visitor behavior.

Most web browsers automatically accept cookies. You can usually change your browser to prevent that, such as by having your computer warn you each time a cookie is being sent or by choosing to turn off all cookies. This can be done through your web browser settings. Because each browser is different, you should look at your browser’s “Help” menu to learn how to modify your cookie settings. If you do disable cookies from your browser you may not be able to access certain sections of the site and this may make your experiences on the site less efficient.

Pixel Tags - We may also use pixel tags, which are tiny graphic images, to help us analyze your online behavior. Pixel tags also will allow us to send you email in a format you can read and let us know when you have opened an email message from us.

We may use pixel tags to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our web site and our services. We also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring web site addresses.


How We May Collect and Use Personally Identifiable Information

“Personally identifiable information” (also referred to as “personal information”) is information that can be used to individually identify you, such as your name, address, email address and phone number. The site does not automatically collect personally identifiable information, and we will only collect such information if you voluntarily provide it to us.

We may obtain personally identifiable information from the following sources:

Email Communications - We may collect information that we receive from you when you contact us through the “Contact Us” link on the site. This information may include your name, email address, address, phone number, and any other information you voluntarily include with your correspondence. If you have provided us with any information through the “Contact Us” link, and believe it is incorrect or has been changed since you provided it, or if you would like us to remove any personal information from our records, you should contact us again via the “Contact Us” link.

Account Information - If you register to use the site, you will be required to submit certain information, such as your name and email address. We will retain this information in our records relating to the site. We may use the email address you enter on the site to send you updates, and to contact you regarding any content you submit to the site[, including, for example, to let you know whether any content that you have submitted will be posted to the site] (see our Terms and Conditions of Use (the “Terms of Use”), available at Terms and Conditions of Use, for more information regarding submitting content to the site). If you believe that any of this type of personal information collected by us is incorrect, or has been changed since your initial registration on the Site, you should let us know by using the “Contact Us” link, or updating your account information through the login pages.

Purchase Information - When you use the site to make a purchase, even if you do not create an account we will need to collect certain information from you, including your name, shipping address, telephone number, email address, and your billing address and credit card information.

Content - Subject to the Terms of Use, you can contribute to the site in a number of different ways. We may store these contributions (“User Content”), display them to other users, and use them for purposes consistent with the purpose of the site. Your posting of any User Content is entirely voluntary and is at your own risk. We are not responsible for the information that you choose to include in your User Content, including any information that could be used to personally identify you. If you include personally identifiable information in any User Content that is made available on the site, it can be viewed and used by any person viewing the site, and therefore your inclusion of any personally-identifiable information in any User Content is solely at your discretion and your risk. Also, we cannot and do not guarantee that User Content will not be viewed by persons other than users of the site. For example, users of the site may share information available on the site with third parties, and we cannot control such activities. Furthermore, you should be aware that even if we remove User Content, copies of it may remain viewable in cached and archived pages, or may have been copied or stored by other users of the site.

Third Party Services - We may allow you to access third party services, such as Facebook and Twitter, to share selected User Content with those services. Your sharing of User Content through such third-party services is subject to the privacy practices of those services. The site may also serve third-party content that contains their own cookies or tracking technologies, which means that third parties may be able to (through cookies, web beacons, or other tracking technology) collect information about you when you use the site. We cannot control these technologies or how they may be used.

How We May Use Information - We may store, process and use the information about you that we collect through the site in order to respond to your questions, comments, other feedback or requests for information; customize and/or personalize your communications and your shopping experience; communicate with you about your purchases, your account information or customer service matters; administer web site features, distribute marketing materials, promotions and surveys, compile statistical information about our users’ equipment, browsing actions and patterns; and learn how to improve our site, services and products.

How We May Share Information - To enable us to more efficiently operate the site we may share your personal and other information with our affiliates and with selected third parties who are acting on our behalf as our agents, suppliers, or providers. These third party service providers will be provided only with such information as is necessary under the circumstances. Information provided to third parties will be permitted to be used only for the purposes stipulated by us, and those third parties will be subject to confidentiality obligations. We may also enhance or merge personally identifiable information with data obtained from third parties for any of the foregoing purposes.

Required Disclosures - We may be required to disclose specific information upon governmental request, in response to a court order, when required by law, to enforce our website policies, or to protect our or others’ rights, property or safety. We may also share information with companies assisting in fraud protection or investigation. Nothing in this Privacy Policy shall be deemed to prohibit us from disclosing your identity or information if we are required to do so or if we believe such action is appropriate under the circumstances described in this paragraph.

Our Security Measures - In order to prevent unauthorized access to or disclosure of any personal information you provide to us, we have put into place standard physical, electronic and managerial procedures to safeguard and secure the information we collect. When you place orders or access your personal information, we offer the use of a secure server. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above. Unfortunately, no electronic data transmission over the Internet can be guaranteed to be 100% secure. As a result, although we believe that we use reasonable measures to protect personal information, we cannot ensure or warrant the security of any information transmitted or otherwise provided to us or received from us. This is especially true for information that is transmitted via e-mail that is unprotected until it reaches our servers


How to Manage Your Information

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us or would like to update or change your personal information or preferences, follow the instructions below.

Correcting, Modifying and Deleting Your Information - If you believe that any of your personal information collected by us is incorrect, or has been changed since your registration on the site, please contact us via e-mail at info@MurrayKustomRods.com explaining the correction or change and providing any relevant confirmation or reference number.

Email Distributions - To unsubscribe from our email distributions, you can follow the instructions in any email you receive. You can also contact us via e-mail at Info@MurrayKustomRods.com. Be sure to include your first and last name and account email address in the “message” box.

Direct Mail and Catalog Distributions - If you would like your name and address removed from our direct mailing list or if you would like to update your mailing information, you can phone us at 817-468-7637 from 9am-6pm Central Standard Time or contact us via e-mail at Info@MurrayKustomRods.com Be sure to include your first and last name and mailing address in the “message” box.

Communications in Progress/Sales and Service Information - Please note, if you have unsubscribed from any of our communications, due to production schedules, you may receive communications already in production. Also, if you request that your registration information be deleted or if you unsubscribe from communications, we may maintain information about sales transactions or service inquiries for future service and record keeping purposes.


A Special Notice about Children

This site is not intended for unsupervised use by persons under the age of 13, and we do not knowingly collect information from children under 13. If you are under 18, you must have your parent/guardian’s permission to use this site and to place any orders, and you should not submit any personal information to us without such permission. If parents believe their minor children have accessed this site and provided their personally identifiable information, please contact us at Info@MurrayKustomRods.com.


Other Sites

The site may contain links to other websites with which we have no affiliation. We are not responsible for the privacy practices employed by other websites. Users are encouraged to review the Privacy Policy of any website linked to from the site.


Questions and Feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue by contacting us at Info@MurrayKustomRods.com.


Third Party Hosting

We contract with a third party to maintain and host the site. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host. The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use.


We cannot respond to “Do Not Track” Requests.

Currently, certain web browsers, including Firefox, Google Chrome, Internet Explorer and Safari, offer a “Do Not Track” (DNT) option. This option is intended to send a signal to websites visited by the user about the user’s DNT preference, if any set on the browser. We do not commit to responding to a browser’s DNT signals, because no common industry standards for DNT have been adopted by industry groups, technology companies, or regulators.

Terms & Conditions

Terms & Conditions

This document pertains to the terms of use of the Murray Kustom Rods website, and is updated and effective as of January 1, 2022


INTRODUCTION AND ACCEPTANCE

Murray Kustom Rods, LLC. (“Company,” “we,” “us” and “our”) offers you access to its interactive online websites, applications, and services. These Terms of Use, together with our Privacy Policy, and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”), products or services – together, our (“Services”). Our Services include www.murraykustomrods.com and all other locations on which we place or reference these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENT”; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.


INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.


ACCESS AND USE

We may offer certain portions of our Services at no charge (e.g., Websites) and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use our paid Services do not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices to computers, etc.).


THIRD-PARTY TERMS

IN CERTAIN INSTANCES, YOUR USE OF OUR WEBSITE OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

Without limiting the foregoing, if we offer any mobile applications (“Applications”), you acknowledge and agree that the availability of our Applications and related Services are dependent on the third-party from whom you received the Application license, e.g., the Apple iTunes, Google Play, or other App stores (“App Store"). You acknowledge that these Terms of Use are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for its Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use our Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

Our Services are provided for your personal, non-commercial use only. You acknowledge that we reserve the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, trademark and copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install and/or print Service Content (e.g., schematics for parts, warranties, manuals, etc.). In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.

Furthermore, except as expressly permitted in these Terms of Use, you may not:

• remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;

• circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;

• use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases;

• collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, usernames, passwords, email addresses;

• solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

• attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;

• decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;

• use network-monitoring software to determine architecture of or extract usage data from our Services;

• encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as defined below);

• violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

• engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.


USER REGISTRATION

IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES (ONLINE ORDERING, ETC.) YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether you have authorized the activity. You agree to contact us immediately via Info@MurrayKustomRods.com if you become aware of any breach of security or unauthorized use of your Account.


USER CONTENT

We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

You represent, warrant, and covenant that you will not submit any User Content that:

• violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

• impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;

• encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

• is an advertisement for goods or services or a solicitation of funds;

• includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

• contains a formula, instruction, or advice that could cause harm or injury; or

• is a chain letter of any kind

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.M

By submitting User Content, you also grant us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Fred P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.

Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).

We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.


UNSOLICITED IDEAS

While Company constantly strives to improve its products, services, technology and promotional techniques, we must take steps to ensure our own ability to innovate. As such, it is our policy not to accept, review, or consider any unsolicited ideas, products, works, materials, proposals, artwork, content or the like (“Submissions”) from anyone other than our employees, agents, and our existing suppliers and contractors. If you nevertheless provide us a Submission, then regardless of what your Submission says, you unconditionally agree that: (A) your Submissions along with related intellectual property rights will immediately upon submission become the sole and exclusive property of Company, without compensation to you or any other person or party; (B) Company can use, reproduce, disclose, publish and distribute the Submissions for any purpose whatsoever, without restriction and in any way; (C) there is no obligation for Company to review the Submissions; and (D) there is no obligation to keep any Submissions confidential.


SERVICE CONTENT & THIRD-PARTY LINKS

We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

The products displayed on our Website and/or Apps may not be available everywhere. Product availability is subject to change without notice and may vary. All prices are quoted in U.S. Dollars. Company reserves the right to modify or discontinue, at any time, some or all products.

Service Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.

Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.


INDEMNIFICATION

You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, licensors, licensees, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Company Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.


DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.


LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY ALL OF THE COMPANY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY MURRAY KUSTOM RODS, LLC DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.


TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Company is not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services.

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to, the intellectual property rights of Company or its licensors, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.


COPYRIGHT POLICY

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Murray Kustom Rods, LLC Attn: DMCA Agent 1916 Parkwood Dr., Bedford, TX 76021 Email: Info@MurrayKustomRods.com

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.


CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of Kentucky without regard to its conflict of laws rules. Any permitted court legal proceedings against Company (i.e., those not subject to Mandatory Arbitration, as provided below) that may arise out of, relate to, or be in any way connected with our Website, Applications or other Services, or these Terms of Use, shall be brought exclusively in the state and federal courts applicable to Fort Worth, Texas and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.


DISPUTE RESOLUTION & MANDATORY ARBITRATION

We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at Murray Kustom Rods, LLC, ATTN: General Counsel, 1916 Parkwood Dr., Bedford, TX 76021. We will contact you based on the contact information you have provided us.

If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Company, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the class-wide dispute must be brought in court.


NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.


NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.


AMENDMENT; ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). For example, our Returns Policy applies to purchases via our Services and are considered Additional Terms. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account.


MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

Returns Policy

Returns Policy


ALL SALES ON PARTS NOT MANUFACTURED BY MURRAY KUSTOM RODS ARE FINAL AND CANNOT BE REFUNDED.

Returns of new products manufactured by Murray Kustom Rods are refundable within 30 days of receipt of product and must be accompanied by original receipt or invoice number. All returns must have written authorization prior to shipment. The customer must provide the original purchase order or invoice number for each item being returned. All shipping charges are the responsibility of the customer. Murray Kustom Rods reserves the right to charge up to a 20% restocking fee on all returns. All returns after 30 days will result in an in-house credit to be applied to future orders placed with Murray Kustom Rods. Returns of discontinued or obsolete products will not be accepted. Credit for returns will be issued within 30 days of arrival at Murray Kustom Rods to the original form of payment. Murray Kustom Rods reserves the right to deny credit for any items damaged by the customer.

Please email all return requests to Info@MurrayKustomRods.com along with any necessary information pertaining to your return such as, but not limited to pictures, invoices, descriptions, etc.

Shipping Policy

Shipping Policy

Murray Kustom Rods can ship your order to your home or business (shipping address must be a continental U.S. address.)

Shipping and Deliveries - Murray Kustom Rods ships your merchandise using UPS, FedEx, and various truck freight companies for domestic shipments within the continental United States. Transit times vary between the numerous different companies. You will be notified when your product has shipped. Important: the customer must be home for Motor Freight shipments in order to inspect and sign for the merchandise at the time of delivery. See also, damaged and lost packages.

Damaged and Lost Packages or Missing Parts - If you receive a package which was damaged, i.e., the product inside the package is damaged or some pieces inside the package are missing, etc., please call customer service immediately at 817-468-7637 or email at Info@MurrayKustomRods.com. You must keep all of the original packaging. Do not throw anything away or attempt to install any component or product, and please, do not disassemble your vehicle. Customer service will handle the claim process from here as this was not your fault. If your order was received incomplete, i.e. missing a complete box, etc., please call customer service immediately at 817-468-7637 or email at Info@MurrayKustomRods.com to report.

Truck Freight Delivery - If you receive your merchandise by truck freight, pay special attention to what it says on the paperwork you will be asked to sign. It will say 1 skid containing X number pieces. You are signing for this many pieces. You must count and confirm the number of pieces before signing. If you receive a package that was short or damaged which was delivered by a truck freight company, you must sign for it that way. Sign the bill of lading as (short) or (damaged) qty?, Item?, Description?, Type damage?, Etc. Please make sure that the driver acknowledges the situation, in writing on the bill of lading or else Murray Kustom Rods cannot proceed in helping you with a claim on the product. The truck freight carriers are very specific on this matter.

Lost Shipments - If your package has been shipped to you from Murray Kustom Rods and has become lost by one of the carriers, then a "tracer" must be started on the item/package. Murray Kustom Rods, unfortunately, is at the mercy of the carriers in these situations and our hands are tied. We at Murray Kustom Rods must abide by the rules of the carrier under these circumstances. A certain number of days are allowed for the carrier to attempt to locate and deliver the package. If this cannot be completed, then a claim will be opened and Murray Kustom Rods will be given permission by the carrier to reship to you. It is not Murray Kustom Rods' fault that the carrier lost your package. In an effort to eliminate this situation we attempt to ship only with the most reputable carriers available.

Warranty Info

Warranty Info

Murray Kustom Rods warrants each product sold by Murray Kustom Rods to be free from defects of materials and workmanship for a period of one year from the date of sale, provided that any such warranty will be voided in the event Murray Kustom Rods determines that any failure was caused by any misuse (which shall include competition), neglect, modification or improper installation or repair of the warranted product. Murray Kustom Rods’ obligation under this warranty is limited to repair or replacement of the defective product. Costs of removal and installation are not included. Except as set forth in this Paragraph or as may be otherwise agreed to in writing by Murray Kustom Rods, no other affirmation of act or promise made by Murray Kustom Rods, directly or indirectly, whether by words or action, will constitute a warranty. Any and all warranties provided by Murray Kustom Rods shall be voided in the event the applicable product or any vehicle in which the product is installed is used for competitive or other racing activities. EXCEPT AS SET FORTH IN THIS PARAGRAPH, MURRAY KUSTOM RODS MAKES NO WARRANTY HEREUNDER, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS SOLD TO PURCHASER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MURRAY KUSTOM RODS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND FROM ANY CAUSE ARISING OUT OF OR RELATED TO ITS PRODUCTS OR THEIR INSTALLATION OR THE USE OF INABILITY TO USE ANY OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF USE OR GOODWILL.

CA Proposition 65 Notice

CA Proposition 65 Notice

Some of the products we sell can expose you to chemicals including lead, which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

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