Conditions of Use

Contractual Agreement

As a user of DSPerformance.net you hereby agree implicitly and without express written consent that you have read and agree to be bound by the outlined terms and conditions. If you do not agree to abide by these Terms of Use, please refrain from using DSPerformance.net.

Copyrights & Use Restrictions

DSPerformance.net is internationally recognized as a producer of original copyrighted material. The content displayed on this site is registered in the United States and is protected by the US Copyright law, as well as international bylaws and treaties prohibiting the duplication and reproduction of original copyrighted material. DSPerformance.net holds exclusive copyrights to all of the material on this site. Any commercial use, distribution, duplication, or reproduction of material on this site is strictly prohibited without the express written consent of DSPerformance.net.

Litigation & Jurisdiction

Any disputes and conflicts arising from these terms of use or involved with a sales transaction on DSPerformance.net will be governed by the laws of the State of Oklahoma. For non-Small Claims matters, the venue shall be Pittsburg County, Oklahoma. The Pittsburg County Court will serve as the sole jurisdiction in regards to resolving any non-Small Claims disputes between DSPerformance.net and a customer, and the parties consent to relinquish all rights to pursue non-Small Claims litigation outside of the exclusive jurisdiction and venue of the aforementioned State Courts. The prevailing party shall be entitled to reasonable legal fees and costs.

Collections

In the event DSPerformance must pursue collections of any debt owed to the company resulting from a sales transaction, not limited to fraud, credit card reversals, credit accounts, etc., DSPerformance will be entitled to actual costs associated with the collections, including, but not limited to, actual legal fees and costs, travel fees, airfare, mileage, lodging, and other necessary costs associated with the collections.

Trademarks

All DSPerformance logos and related insignia thereof are registered trademarks of DSPerformance.net, protected by trademark laws and licensed to DSPerformance.net. Any commercial use, distribution, duplication, or reproduction of these trademarks and logos is strictly prohibited without the express written consent of DSPerformance.net. All other logos displayed on this site are the property of their respective trademark owners.

Limited Liability

DSPerformance.net shall not be held liable for any damages to equipment and/or personal injury or death stemming from the use or inability to operate products listed on this site whether or not DSPerformance is aware of potential damages. DSPerformance.net shall not be held liable for a claim in contract, tort, or indemnity arising from any product it sells. DSPerformance.net shall not be held liable for third party claims for damages related to product malfunction, delays, interruption of service, loss of business, or for exemplary damages, even if DSPerformance.net is aware of the potential of such damages. In addition, customers shall assume any costs related to servicing, repair and correction of a misused product.

Typographical/Photographical Errors

DSPerformance.net is not responsible for typographical and/or photographical errors. DSPerformance reserves the right to refuse or cancel any orders placed for any reason, including but not limited to typographical and/or photographical errors.  Prices, specifications and images are subject to change without notice.

Product Updates

Though unusual in nature, product information displayed on DSPerformance.net may become outdated without prior notice due to unanticipated changes brought on by the manufacturer. In an effort to serve our customers we strive to keep up to date with any revisions, however, as a reseller we depend on manufacturers for updates in regards to any alterations, as such, we are not responsible for any variations in product specifications. We may experience a lag in discovering and/or publishing such changes. This may include, but it is not limited to, new editions of otherwise identical models, revised specifications, variations in color or appearance, changes in a product’s packaging materials and contents, or any other changes brought on by the original manufacturer.

Rights of Refusal

DSPerformance reserves the right to refuse service, including but not limited to, order fulfillment, customer support, and technical support, for any reason. A DSPerformance order invoice does not represent an actual acceptance of an order nor does it represent an offer to sell, rather, we reserve the right to decline an order for any reason, even after an order invoice is issued.

Sales Taxes

All orders shipped within Oklahoma will be charged with the local sales tax. The current local tax in Oklahoma is 9.75%. Customers ordering items to be shipped outside of Oklahoma are responsible for all sales taxes and duties as assessed by their respective legislative authorities.

Shipping Risks

DSPerformance.net will provide customers with tracking information including expected shipping dates, but DSPerformance.net will not be held responsible for any delays, damages or losses due to (but not limited to) natural disasters, acts of federal, state or local government, fires, floods, strikes, lockouts, freight embargoes, and acts of God. Customers can pursue claims for lost and damaged packages through the shipping courier. As a courtesy to our customers, we assist you in pursuing a claim with the shipping courier in regards to lost or damaged packages. Pursuing a claim does not guarantee or imply a favorable outcome for the customer, as the shipping courier investigates and judges each claim on a case by case basis.

User Submissions

User content submitted to this website may be disseminated by DSPerformance for any purpose except for as outlined in the Privacy Policy. All personal data will be handled with discretion as outlined in our Privacy Policy. Users are strictly prohibited from submitting any material containing offensive, threatening, libelous, defamatory, pornographic or profane material; violators will be held responsible and may be prosecuted to the fullest extent of the law.

Any ideas or suggestions submitted to this website are considered non-proprietary, and users responsible for submitting such material waive their rights to seek compensation when providing such material, unsolicited or otherwise.

Severability

In the case that any stipulation of this agreement is deemed invalid, unlawful or unenforceable, whether as a whole or in part, such incongruence shall not affect the validity of the remaining stipulations outlined in this agreement. If any specific provision in this agreement is deemed invalid, unlawful or unenforceable, it will be modified in a way that best retains the original meaning while following Arkansas law with respect to validity and enforceability.

Terms of Use Revisions

DSPerformance reserves the right to update our Terms of Use. As a user of this site you implicitly consent to any updates in our Terms of Use. Return to this page as often as it pertains to your concern.