Region AMERICA
     

    TERMS OF USE

    Company Name: HIMOINSA POWER SYSTEMS, INC. (DBA – HIPOWER SYSTEMS) 

    Address: 16600 S. Theden St. Olathe, KS  | Email: info@hipowersystems.com 

    Last updated: 03/01/2023


    Web Site Usage | Thank you for visiting the website for HIPOWER SYSTEMS. This website is managed and controlled by Himoinsa Power Systems, Inc. (“Hipower Systems”) Please read this page carefully. By using this website, you agree to be bound by all the Terms and Conditions set forth below and in the Privacy Policy. If you do not accept these Terms and Conditions, please do not use this Web site. Hipower Systems may, in its sole discretion revise these Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions for any revisions.    

    Use of Site Material |  Hipower Systems retains and reserves all copyrights in any text, graphic images and other web site content (the “Site Material”) owned by Hipower Systems. Hipower Systems authorizes you to electronically copy documents published herein solely for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files in this Web site for rebroadcast, or print the information contained therein, without express permission from Hipower Systems. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Hipower Systems copyright, patent or trademark.   

     Trademarks | The names, marks and logos appearing in this Web site are, unless otherwise noted, trademarks owned by Hipower Systems or used under license. Any use of these marks by you is prohibited.   

     Disclaimer | The information in this Website, including text, images, and links is provided “AS IS” BY HIPOWER SYSTEMS SOLELY AS A CONVENIENCE TO ITS DEALERS AND CUSTOMERS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Hipower Systems assumes no responsibility for errors or omissions in this Web site or other documents which are referenced by or linked to this Web site. This Web site could include technical or other inaccuracies, and not all products or services referenced herein are available in some countries or regions.   

     Links |  This Web site contains links to Websites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Hipower Systems of the contents on those other sites. Hipower Systems is not responsible for the content of any linked sites and makes no representations regarding the content accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Web site, you do so at your own risk.   

     Prohibitions | The following acts are strictly prohibited when using this Website: 

    1.  Behavior that causes loss or damage to Hipower Systems or any third party. 
    2. Criminal behavior and behavior that is linked with criminal activity. 
    3. Sales activity and etc. not approved by Hipower Systems. 
    4. Spreading of computer viruses and other damaging behavior. 
    5. Submission of reports and other communications using another person’s or a fake email address. 
    6. Other behavior that Hipower Systems judges unsuitable.   

    User Submissions | Hipower Systems welcomes suggestions, comments and questions relating to this Web site and its products through the Inquiries section of this Web site. Should you choose to respond directly to Hipower Systems with suggestions, comments, questions, ideas or the like relating to this Web site or Hipower Systems products and services, you agree that such information shall be deemed as non-confidential and Hipower Systems shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.   

     Indemnity |  You agree to defend, indemnify and hold harmless Hipower Systems, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Hipower Systems Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Hipower Systems Website. Hipower Systems shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.   

     Export Control |  The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of the Website outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of any material, including software or data.   

    California Parts and Accessories Emissions Statement | California law regulates on and off highway vehicle aftermarket parts that have the potential to impact emissions. California law prohibits the installation, sale, and on and off highway use of any emissions-related part unless the part is (1) a replacement part, (2) a modified or add-on part that has received an exemption from the California Air Resources Board (“ARB”) or (3) a part installed on a vehicle used exclusively for closed course competition (i.e., racing).   

    Replacement Part |  A replacement part is generally any aftermarket part intended to replace an original equipment emission-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions.   

    Add-On or Modified Part |  A modified part is any aftermarket part intended to replace an original equipment emissions-related part and which is not functionally identical to the original equipment part in all respects which in any way affect emissions. An add-on part is any aftermarket part which is not a modified part or a replacement part.   

    Closed Course Competition Part | A closed course competition part is an add-on or modified part that has not received an exemption from the ARB. A closed course competition part may only be sold and installed on a vehicle that is used exclusively for closed-course competition. California dealers selling closed course competition parts should maintain records of the sale and/or installation, including the date of sale, purchaser name and address, vehicle information and work performed, if applicable. More information may be obtained at the ARB website – www.arb.ca.gov.  

    General | You agree that: (i) the Hipower Systems Website shall be deemed solely based in Kansas; and (ii) the Hipower Systems Website shall be deemed a passive website that does not give rise to personal jurisdiction over Hipower Systems, either specific or general, in jurisdictions other than Kansas. This Agreement shall be governed by the internal substantive laws of the State of Kansas, without respect to its conflict of laws principles. Any claim or dispute between you and Hipower Systems that arises in whole or in part from the Hipower Systems Website shall be decided exclusively by the court of first instance at the District Court in and for Johnson County, Kansas. This Agreement, together with the Privacy Policy at https://www.Hipower Systems.com/us/legal/ and any other legal notices published by Hipower Systems on the Website, shall constitute the entire agreement between you and Hipower Systems concerning the Hipower Systems Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Hipower Systems’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Hipower Systems reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Hipower Systems Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.   

    Resolution of Conflicts | The use of this Web site and interpretation and application of the conditions of use are governed by the laws of the State of Kansas. Any conflict arising from the use of this Web site shall be resolved by application to the court of first instance at the District Court in and for Johnson County, Kansas.

     
     

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