MadPSI.net Terms and Conditions

Terms and Conditions

1. Execution and Signature

2. Identification of Parties

A. Identification of Parties. This contract is made between Mad PSI, LLC, and any person (hereinafter “YOU,” “YOUR,” or “YOURS”) engaging in any conduct or activity directly or indirectly related to Mad PSI, LLC including, but not limited to, accessing and/or using the Mad PSI, LLC website, communicating and/or corresponding with Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives, and using and/or placing an order for any item or service offered by Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives.

3. Interpretation of Agreement

A. Overview. These terms and conditions are a present outward manifestation of intent to be bound by a contractual agreement. Mad PSI, LLC does not have to give YOU permission to use its website, and if YOU do not want to abide by any of Mad PSI, LLC’s terms and conditions, YOU may not enter the website and can find a similar website elsewhere. Mad PSI, LLC is giving YOU the right to view and/or use its website in exchange for YOU to abide by the Mad PSI, LLC terms and conditions and drop all legal rights and remedies that would be used against Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives, including suing Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives for any reason. Any action or conduct other than clicking “Disagree” above is an unequivocal assent to the Mad PSI, LLC terms and conditions. Conduct manifesting acceptance of the Mad PSI, LLC terms and conditions includes, but is not limited to, clicking “Agree” above, accessing and/or using the Mad PSI, LLC website, communicating and/or corresponding with Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives, and placing an order for any item or service offered by Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives. Mad PSI, LLC expressly rejects any counter offer or modification to these terms and conditions.

B. Entire Agreement. This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject of this contract. This contract contains all of the covenants and agreements between the parties with respect to the subject of this contract, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except the covenants and agreements embodied in this contract. No agreement, statement, or promise not contained in this contract shall be valid or binding between the parties with respect to the subject of this contract.

C. Severability. If any part of this contract is declared invalid for any reason, this ruling shall not affect the validity of the rest of the agreement. The other parts of the agreement shall remain in effect as if the agreement had been executed without the invalid part, unless such interpretation materially alters this contract. The parties declare that they intend and desire that the remaining parts of the agreement continue to be effective without any part or parts that have been declared invalid.

D. Effect of Captions. Captions in this contract are for convenience and reference only. The words in the captions in no way explain, modify, amplify, or interpret this contract.

4. Disclaimers and Limitations of Liabilities

A. Disclaimer and limitation of liability as to products sold. Mad PSI, LLC makes no representations or warranties, either express or implied, of any kind with respect to products sold on the MadPSI.net website unless as expressly stated herein. Mad PSI, LLC expressly disclaims all warranties, express or implied, of any kind with respect to the products sold, including but not limited to merchantability and fitness for a particular purpose. YOU agree that the sold and exclusive maximum liability to Mad PSI, LLC arising from any product sold on the MadPSI.net website or related to Mad PSI, LLC shall be the price of the product ordered. In no event shall Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives be liable for special, indirect, consequential, or punitive damages related to the product sold. All products are sold "as is" and YOU will use this product at YOUR own risk.

B. Disclaimer and limitation of liability as to the MadPSI.net websites. The MadPSI.net website and the materials therein are provided “as is” and YOU will use MadPSI.net at YOUR own risk. Mad PSI, LLC makes no representations or warranties, either express or implied, of any kind with respect to the MadPSI.net website, its operation, contents, information, or materials. Mad PSI, LLC makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources. YOU agree that Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives shall not be liable for damages arising from the operation, content, or use of the MadPSI.net website. YOU agree that this limitation of liability is comprehensive and applied to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages

C. Copyright disclaimer. Mad PSI, LLC, Mad PSI, and MadPSI.net are protected by U.S. and international copyright laws. YOU may not modify, reproduce or distribute: (1) content on this website (other than as set forth herein); (2) the design or layout of the website or individual sections of the design or layout of the website; (3) Mad PSI, LLC logos without Mad PSI, LLC’s written permission. All images, sounds, and videos on this website are Copyrighted © Mad PSI, LLC. All Rights Reserved. They are property of Mad PSI, LLC and may be distributed only if proper credit is given to Mad PSI, LLC. The appearance, position and other aspects of anything borrowed or taken from MadPSI.net may not be such as to damage or dilute the goodwill associated with the Mad PSI, LLC name. Alterations including removal of copyright are strictly prohibited. If an unapproved picture, sound, video, etc. of YOURS has been borrowed, please contact us so that the image can be taken down or modified to YOUR satisfaction. All audio CDs sold are sold as sample CDs that must be destroyed within 24 hours. Copies of such audio CDs are prohibited. Mad PSI, LLC is not responsible for any of YOUR conduct. YOU view and use this website at YOUR own risk.

D. Defamation disclaimer. By viewing and using MadPSI.net and by buying products from MadPSI.net YOU agree to waive any claims of defamation, libel, slander, or slander per se against Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives and are hereby advised that MadPSI.net may contain negative opinions or references that may be true or untrue, with which YOU may agree or disagree. Everything and anything contained on the MadPSI.net is purely opinion, even if the statement has factual information embedded in it. No information at MadPSI.net is absolute and information should always be taken with a grain of salt. In any event, if a claim is brought against Mad PSI, LLC, all parties to the action agree to indemnify and hold harmless, Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives as stated more fully under the indemnity section.

E. Aero-parts disclaimer. Due to the inherent characteristics of hand-laid fiberglass and carbon fiber, there is a possibility of cosmetic blemishes on such products. This may include, but is not limited to, spider cracks, haziness or fogginess, distorted carbon fiber weave, warping, and waviness. While Mad PSI, LLC strives to minimize such blemishes, they are inevitable and occur on products from even the most expensive manufacturers. In addition, due to the tolerances of hand-laid components and the wear on the molds, fiberglass and carbon fiber components generally do not fit as well as the original OEM components they are intended to replace. Mad PSI, LLC makes business judgments, such as attempting to do multiple test fit sessions and attempting to make products using molds in good condition, to try and make the fitment as good as possible. However, inferior fitment is very common with all aero parts from even the most expensive manufacturers. Thus, it is YOUR responsibility to take all parts to a qualified body shop to properly prep and fit aero parts. Products with a clear coat or primer should still be taken to a body shop for another layer. Mad PSI, LLC makes no guarantee that any aero parts fit as well as OEM whether explicitly or implicitly stated. All body parts are sold “as is.” Mad PSI, LLC is very active in pursuing legal action against anyone who attempts to replicate Mad PSI, LLC products or uses pictures of Mad PSI, LLC products as theirs. This includes, but is not limited to, customers of Mad PSI LLC involved, customers who bought the replicated products, and private citizens and businesses that replicated the products and/or sold the products.

F. E-mail disclaimer. The Internet is a public medium and electronic mail communication between YOU and Mad PSI, LLC via this website is subject to the risk of being viewed by other parties. Accordingly, YOU acknowledge that any transmissions of confidential or proprietary information to Mad PSI, LLC via electronic mail are at YOUR own risk.

5. Indemnification

A. Indemnification. YOU agree to defend, indemnify, and hold harmless Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives, from and against any and all actual expenses, damages, legal fees, accounting fees, costs and liabilities incurred by Mad PSI, LLC arising out of or relating to this contract, the use of this website, or any product or service purchased from Mad PSI, LLC, including but not limited to: (1) YOUR use, installation, or maintenance of products purchased from Mad PSI, LLC; (2) equipment used in connection with such products; (3) any default or breach under this contract by YOU; (4) any loss, damage, or expense incurred by YOU or anyone else, including those in privity with YOU, as a result of any advertising claim or any other representation or warranty made by Mad PSI, LLC, its owners, officers, directors, employees, agents, vendors, and other representatives; and (5) any and all claims, actions, suits, proceedings, demands, assessments, penalties, obligations, judgments, costs, and reasonable legal and other expenses incident to any of the foregoing or incurred in investigation, defending or attempting to avoid the same, opposing the imposition thereof or in enforcing this indemnity.

6. Private Policy

A. Private policy. Mad PSI, LLC strives to not sell, lease, or rent YOUR confidential information to any other person or organization. We work to ensure that the personal information YOU provide remains secure. Mad PSI, LLC’s desire is for YOU to feel safe as YOU visit us online. For that reason, Mad PSI, LLC hopes YOU take a moment to review the following valuable information. Mad PSI, LLC does not automatically collect any personally identifiable information, such as name, address, email address or telephone number, from visitors to MadPSI.net unless voluntarily given by YOU. Occasionally, as a visitor to MadPSI.net, YOU may be asked to voluntarily supply Mad PSI, LLC with certain personally identifying information when, for instance, YOU order goods, apply for a wholesale account, apply for a sponsorship, enter contests or request information, want to be including in a mailing list. In addition to being used for the purpose for which it was submitted, the personally identifying information that YOU provide voluntarily may be used for statistical analysis. Mad PSI, LLC may also collect information about YOUR IP address to examine web traffic on MadPSI.net and the web pages within MadPSI.net. Personal information about YOU as an individual will not be provided to any third party without YOUR consent, unless an order for a product was bought through a third party or except under the circumstances described in Compliance with the Legal Process. With regards to Compliance with the Legal Process, Mad PSI, LLC may disclose personal information if Mad PSI, LLC believes that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend Mad PSI, LLC’s rights and property; (3) protect against misuse or unauthorized use of MadPSI.net; or (4) protect the personal safety, property or rights of Mad PSI, LLC users or the public. Mad PSI, LLC does not knowingly collect or solicit personally identifiable information from or about children under 13. If Mad PSI, LLC discovers that Mad PSI, LLC has received any information from a child under 13 in violation of this policy, Mad PSI, LLC will delete that information immediately. If YOU believe Mad PSI, LLC has any information about anyone under 13, please contact us.

7. Consideration, Payments, Fees, Returns, and Refunds

A. Consideration. United States Dollars (USD) is the only acceptable form of consideration, unless otherwise authorized by Mad PSI, LLC in writing.

B. Method of Payment. Payments are done through the MadPSI.net’s shopping cart or Paypal ONLY, unless otherwise authorized by Mad PSI, LLC in writing.

C. Returns. In the event that a purchase must be returned, YOU will be responsible for ALL shipping and handling charges. The product must be sent back insured for the retail price of the product as opposed to the group buy price. A tracking number must be forwarded by email. Exchanges require YOU to pay for shipping and handling both ways. The product must have acceptable means of padding (such as bubble wrap, Styrofoam, etc...) to ensure that it would not be damaged during shipping. Any exchange or return is only acceptable within twenty-four (24) hours after receiving the merchandise. Failure to do so will result in negligence by YOU for not notifying Mad PSI, LLC on-time and YOU will not be refunded unless otherwise authorized in writing by Mad PSI, LLC. Depending on where the product is sourced, YOU may be subject to a 25% restocking/cancellation fee. YOU shall assume, unless otherwise noted under the FAQ section or any similar section of that product, that this restocking and cancellation fee applies.

C. Refunds. Orders and deposits are non-cancellable and non-refundable unless otherwise specified by Mad PSI, LLC in writing. If a refund is an available option, the refund shall not exceed the net payment received. Mad PSI, LLC is not responsible for refunding the gross payment and shall not cover any transaction fees. Mad PSI, LLC is also not responsible for changes in the currency exchange rate, which may have an affect on international refunds. If YOU do not diligently follow through with the refund, it will be assumed that YOU have abandoned and waived the refund.

D. Special orders. For special orders, full payment must be received all at once up front. Special orders are non-cancellable and nonrefundable. Special order estimated time of arrival vary depending on the product or service, supply and demand, the time of year, and other circumstances, and are tentative and not absolute.

E. Backorders and/or stock. Varying on product production and accounts, back orders may occur. If YOU would like to cancel YOUR back order and are given the option to do so, depending on where the product is sourced, YOU may be subject to a 25% restocking/cancellation fee. YOU shall assume, unless otherwise notified by Mad PSI, LLC in writing, that this restocking and cancellation fee applies. Products may be on back order without notice.

F. Condition of sale and/or pricing. Depending on where the product is sourced, YOU may be subject to a 25% restocking/cancellation fee. YOU shall assume, unless otherwise notified by Mad PSI, LLC in writing, that this restocking and cancellation fee applies. No type of extended warranty will be offered. No full refunds will be offered. Prices are subject to change without notice. Changes in currency exchange rates may affect pricing on items or services without notice. Some prices on the website may be inaccurate or not up to date. Price matching may be available upon request. Group buys are encouraged and usually warrants a discounted price.

8. Shipping

A. Shipping and handling costs. YOU shall pay for all shipping and handling costs, unless explicitly stated otherwise.

B. Packaging and padding. YOU shall pay for all packaging and padding costs, unless explicitly stated otherwise.

C. Insurance. Mad PSI, LLC strives to insure all items. YOU, however, should not assume that an item is insured, unless explicitly stated by Mad PSI, LLC in writing. In addition, depending on the terms and conditions of the shipping company used, item may not be insured for the item’s full value (e.g., shipping company has a capped insurance amount for the particular item). In such cases, third-party private insurance may be available as a supplement upon request. Mad PSI, LLC reserves the right to use third-party private insurance without disclosing it to YOU.

D. Damages. Always remember to personally inspect all packages prior to signing acceptance of shipment. Failure to do so can hold YOU liable for damages. Mad PSI, LLC is not responsible for damage that may occur during shipping. YOU must report damages to Mad PSI, LLC and the shipping company within twenty-four (24) hours after receiving the item. If not, YOU can be liable for all damages acquired through shipping. Please remember to not discard the item, the shipping box, or any portion of the packaging material. While investigating the shipping damage claim, the shipping company may send a representative to inspect the box and its contents.

E. Tracking number. When tracking numbers are available, Mad PSI, LLC will attempt to forward a shipment’s tracking number to YOU. Failure to do so does not breach any agreement between YOU and Mad PSI, LLC.

F. Choice of shipping company. Mad PSI, LLC uses the shipping company it finds most appropriate under the circumstances (e.g., cost, reliability, transit time, convenience, availability, etc.). YOU, however, are welcome to suggest using his or her own shipping company. Mad PSI, LLC, reserves the right to not use YOUR shipping company.

G. Estimated time of arrival. Estimated time of arrival varies greatly depending on a variety of variables including, but not limited to, the item ordered, its country of origin, YOUR shipping address, the time of year, whether there is a backorder, etc.

H. Drop shipping fee. YOU may be charged a drop shipping fee. Drop shipping is when purchased goods are directly sent from the manufacturer, retailer, or wholesaler to a customer with no intermediate distributor. The manufacturer, retailer, or wholesaler usually charges a fee for this service since it increases inventory, increases administrative costs, requires labor, and requires materials. The "materials" are the packaging materials and the custom box. The "labor" is the time put into actually creating a custom sized box for each shipment. There are no "one size fits all" boxes or previous created boxes. Each box is created in a way to fit the most products in the box, but without it being too large, which would increase shipping costs even more. The drop ship fee is a separate additional fee to the shipping fee.

9. Errors

A. Typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Mad PSI, LLC suppliers, Mad PSI, LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. No information on this website is absolute and information should always be taken with a grain of salt. This also includes pricing for sponsorships and wholesale.

10. Links

A. Links. This website may contain links to other websites on the Internet that are owned and operated by third parties. YOU acknowledge that Mad PSI, LLC is not responsible for the operation of or content located on or through any such website. MadPSI.net cannot be a link on another website without permission.

B. Linking to MadPSI.net website. Unless otherwise set forth in a written agreement between YOU and Mad PSI, LLC, YOU must adhere to Mad PSI’s linking policy as follows: (1) The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Mad PSI, LLC name. (2) The appearance, position, and other attributes of the link may not create the false appearance that YOUR organization or entity is sponsored by, affiliated with, or associated with Mad PSI, LLC. (3) When selected by a user, the link must display the website on full screen and not within a "frame" on the linking website. (4) Links that point to the URL [http://www.MadPSI.net/] and adhere to Mad PSI, LLC’s linking policy do not require written permission. Requests for permission to link to any other pages within Mad PSI, LLC’s website must be made in writing. (5) Mad PSI, LLC reserves the right to revoke its consent to the link at any time and in its sole discretion.

11. Termination

A. Termination. This contract may be terminated by Mad PSI, LLC at any time by giving notice to YOU.

12. Enforcement and Remedies

A. Violation of rules and regulations. Mad PSI, LLC reserves the right to seek all remedies available by law and in equity for violations of the rules and regulations set forth in this website, including the right to block access from a particular Internet address to the website.

B. Arbitration. Notwithstanding every other provision of this contract, all questions and disputes with respect to rights and obligations of the parties arising under this contract shall be resolved by arbitration.

a. Demand for Arbitration. A party may demand arbitration by delivering a written demand to the other party after occurrence of the dispute.

b. Appointment of Arbitrators. The parties may agree on one arbitrator. If they cannot agree on one arbitrator, there shall be three: one named in writing by each of the parties within thirty days (30) after demand for arbitration is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the arbitrator(s) or to furnish the arbitrator(s) with any papers or information demanded, the arbitrator(s) may proceed ex parte.

c. Hearing. A hearing on the matter to be arbitrated shall take place before the arbitrator(s) in San Jose, California, the time and place to be selected by the arbitrator(s). The arbitrator(s) shall give each party written notice of the time and place at least thirty (30) days before the date selected. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the arbitrator(s). The arbitrator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.

d. Award. If there is only one arbitrator, his or her decision shall be binding and conclusive on the parties, and if there are three arbitrators, the decision of any two shall be binding and conclusive. The submission of a dispute to the arbitrator(s) and the rendering of a decision by the arbitrator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any superior court having jurisdiction, or that court may vacate, modify, or correct the award in accordance with the prevailing provision of the California Arbitration Act.

e. New Arbitrators. If three arbitrators are selected, but no two of the three are able to reach a consensus regarding the determination of the dispute, then the matter shall be decided by three new arbitrators who shall be appointed and shall proceed in the same manner, and the process shall be repeated until a decision is agreed on by two of the three arbitrators selected.

f. Costs of Arbitration. The costs of the arbitration shall be borne by the losing party or shall be borne in such proportions as the arbitrator(s) may determine.

g. Attorneys’ Fees. If any party to this contract resorts to arbitration to enforce or interpret any provision of this contract, YOU agree to pay for, and Mad PSI, LLC shall be entitled to recover, reasonable attorneys’ fees in addition to any other relief to which Mad PSI, LLC may be entitled. This provision applies to the entire contract.

13. Jurisdiction and Venue

A. Forum Selection. Any legal action, court proceeding, or arbitration, to construe or enforce this contract or otherwise to resolve any dispute between the parties based on this contract, shall be commenced and maintained in an appropriate court or other forum in San Jose, California.

B. Choice of Law. This contract shall be deemed to have been entered into in California, and all questions of the validity, interpretation, or performance of any of its terms or of any rights or obligations of the parties to this contract shall be governed by California law without regard to conflict of laws principles.

C. Service of Suit. In the event that YOU breach this contract, YOU agree that, at the request of Mad PSI, LLC, YOU will submit to the personal jurisdiction of any entity (e.g., arbitrator(s)) allowed by this contract.

14. Assignment

A. Assignment. YOU shall not sell, assign, transfer, or encumber this contract or any right or interest in or under this contract, or suffer or permit any sale, assignment, transfer, or encumbrance to occur by operation of law, without the prior written consent of Mad PSI, LLC. Without written consent from Mad PSI, LLC, all of YOUR assignments of rights under this contract are void. In the event of any sale, transfer, or assignment consented to by Mad PSI, LLC, the transferee/assignee/delegate/principal shall agree in writing with Mad PSI, LLC to personally assume, perform, and be bound by the covenants, obligations, and agreements contained in this contract.

B. Successors and Assigns. This contract shall be binding on and inure to the benefit of each party’s heirs, executors, administrators, successors, and assigns.

15. Communication

A. Authorized Language. English is the only authorized language between the YOU and Mad PSI, LLC for all dealings, transactions, and interactions, including this contract.

B. Anticipated breach. If YOU anticipate a breach of contract (and all of its standards, covenants, obligations, and agreements) by YOU, or is aware of any information that may hinder YOUR performance of this contract, YOU must send notice to Mad PSI, LLC within twenty-four (24) hours.

If you have any questions, please contact retail @MadPSI.net. Thank you for your continued support and cooperation.