The California Pony Cars, (Cal Pony Cars) web site (the "Site") is an online information service provided by California Pony Cars, subject to the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. California Pony Cars MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks is California Pony Cars, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant California Pony Cars a non-exclusive, royalty-free, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to California Pony Cars by all means and in any media now known or hereafter developed. You also grant California Pony Cars the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against California Pony Cars for any alleged or actual infringement or misappropriation of any proprietary right in your communications to California Pony Cars.
2. Use of the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. California Pony Cars PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND California Pony Cars SHALL
NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. California Pony Cars DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. LIMITATION OF LIABILITY IN NO EVENT WILL California Pony Cars BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF California Pony Cars OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, California Pony Cars’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
California Pony Cars makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non California Pony Cars Web site, please understand that it is independent from California Pony Cars, and that California Pony Cars has no control over the content on that web site. In addition, a link to a California Pony Cars web site does not mean that California Pony Cars endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless California Pony Cars, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of California Pony Cars and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between California Pony Cars and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. California Pony Cars’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. California Pony Cars may assign its rights and duties under this Agreement to any party at any time without notice to you.
California Pony Cars is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by California Pony Cars.
8. Reservation of Rights.
Any rights not expressly granted herein are reserved.
9. No Presence Outside of California.
All internet and mail order sales are transacted by California Pony Cars, a California limited liability company, which has no presence outside the state of California.
10. Pricing: It is our policy to maintain the most current and up to date pricing, some content may contain inaccuracies and/or typographical errors. All prices and omissions are subject to change without prior notice.
11. Shipping: Your order will be shipped by UPS ground, unless otherwise specified. Other shipping services are available upon customer’s request.
12. Truck Freight: Truck freight shipments must be inspected for damage before the driver leaves. This includes deliveries with no visible signs of damage. Any damage found must be reported to the driver. Signing for the delivery is an acknowledgement by the customer that all parts were received in good condition. Once a delivery is signed for, California Pony Cars and /or the trucking company is not responsible for any damaged parts in that shipment.
13. Back Orders:
In the event that we have to back order an item, you will be notified. When the product becomes available, we will call you first to approve shipping.
14. Warranty; Lifetime Limited
Here at California Pony Cars, we guarantee that our products are free from material defects. California Pony Cars provides you with a Manufacturer’s Lifetime Limited Warranty. To validate this warranty fill out and mail the enclosed Warranty Registration Card. The registration card must be returned or product will not be repaired or replaced under warranty. This warranty only applies within the U.S.A. and is not transferable.
What is not covered by warranty:
This warranty does not cover product damage caused by improper installation; misuse, abuse, normal wear or any damages due to accidents, collisions and wrong handling. California Pony Cars and its affiliates assumes not responsibility for labor, installation, removal, diagnosis, loss of vehicle use, lost time, inconvenience, pain and suffering, or any consequential expense or damages incurred by purchaser.
California Pony Cars must be notified within 10 working days after receipt of order. All legitimate returns must be issued a “Return Authorization Number” (RA#). All returns must be authorized in advance. Products must be in new condition, and we ask it be shipped back prepaid, with a copy of the original invoice and RA# clearly written on the outside of the box, within 30 days of RA# given to customer. Customer is responsible for insuring the return and all freight charges.
California Pony Cars will not accept any Freight Collect Packages.
All merchandise is in excellent condition when it leaves California Pony Cars. We make every effort to fill your order carefully and completely. Merchandise is packaged to avoid damage. Safe and proper delivery is the responsibility of the carrier. Returns will be inspected and are subject to a 25% restocking fee unless exchanged for merchandise of equal or greater value. California Pony Cars ask that you inspect your delivered boxes and parts immediately. If you see any damage to the outside of the box or any parts inside the box, Notify the California Pony Cars immediately so that a claim can be filed; save all packaging and materials. Delays in notifying carrier immediately can result in a loss. The carrier requests that you keep the original shipping boxes, material and parts, for their inspection. DO NOT return the damaged part to California Pony Cars. If damaged merchandise is returned to California Pony Cars without notifying carrier, the California Pony Cars and the carrier will not be responsible and your loss will not be covered.
We cannot accept returns on special orders, and parts in which have been used, modified or painted. Any returns should be sent to California Pony Cars, at 1906 Quaker Ridge Place Ontario, CA 91761.