This website is operated by TKX Performance, INC. Throughout the site, the terms “we”, “us”
and “our” refer to TKX Performance, INC. TKX Performance, INC offers all the information,
tools and services available from this site to you, the user, upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms, conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, without limitation to users
who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools added to the current store shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms of Service
by posting updates and/or changes to our website. Your continued use of or access to the
website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix. They provide us with the online e-commerce platform that allows
us to sell our products and services to you.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of
SECTION 1 - GENERAL CONDITIONS
We 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,
access to the Service or any contact on the website 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.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 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 the Service, violate any laws in your jurisdiction (including but not limited to copyright
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We 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
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 is not necessarily
current and is provided for your reference only. We reserve the right to modify the contents
of this site at any time, but you agree that it is your responsibility to monitor changes to our
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
SECTION 4 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. 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 all colors and images of our products that appear at
the store as accurately as possible. 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 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, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service
will be corrected.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We 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 or cancel an order, we may attempt to notify you by contacting the e-mail
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 at our store. 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.
SECTION 6 - THIRD-PARTY
We may provide you with access to third-party tools which we neither monitor nor have any
control or input.
We shall not be liable to you or any third-party for any modification, price change,
suspension or discontinuance of the Service.
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.
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. 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 to 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.
SECTION 7 - USER COMMENTS, FEEDBACK AND SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you
send creative ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may edit,
copy, publish, distribute, translate and otherwise use in any medium.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
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, violating any party’s intellectual property or these Terms
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, or other personal or proprietary right. You further agree that
your comments will not contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us or third-parties
as to the origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally 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 in the Service or on any
related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should
be taken to indicate that all information in the Service or on any related website has been
modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other restrictions as set forth in the Terms of Service, 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 Service 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 Service or
any related website, other websites, or the Internet. We reserve the right to terminate your
use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and products delivered to you through the service are (except as expressly stated by
us) provided 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
In no case shall TKX Performance, INC, our directors, employees, affiliates, contractors,
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, 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 of any of the service or any products procured using the service, or for any other
claim related in any way to your use of the 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 service or any content (or product) posted, transmitted, or otherwise
made available via the service, 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.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold TKX Performance, INC and our subsidiaries,
affiliates, partners, directors, contractors, licensors, service providers, subcontractors,
suppliers 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
of Service or the documents they incorporate by reference, or your violation of any law or the
rights of a third-party.
SECTION 13- SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You
may terminate these Terms of Service 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 of Service, 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 Services (or any part thereof).
SECTION 15 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your responsibility to
check our website periodically for changes. Your continued use of or access to our website
or the Service following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of 130 Railroad Street,
Huntington Station, NY 11746.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding between you and
us and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against
the drafting party.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org