Terms & Conditions | Estes Performance Concaves

1. YOUR ACCEPTANCE

This website is provided by Estes Performance Concaves (“Estes Performance Concaves”) to any individual or entity (herein referred to as “You”) accessing, visiting, or using the website, engaging in business activities with Estes Performance Concaves, purchasing products, or utilizing any services offered by Estes Performance Concaves (collectively referred to as the “Service”), allowing you to view and submit certain content.

By using or visiting this website, or by using any software or services provided to you on, from, or through this website—including but not limited to submitting request forms, engaging in any business activities through the website or with Estes Performance Concaves, or purchasing Estes Performance Concaves’ products—you expressly acknowledge that you have read, understood, and agree to be bound by: (i) these terms and conditions (the “Terms of Service”), (ii) Estes Performance Concaves’ Privacy Policy, and (iii) the Terms and Conditions for the Sale of Goods, which are incorporated herein by reference. If you do not agree to any of these terms or Estes Performance Concaves’ Privacy Policy, do not use the Service.

Estes Performance Concaves may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Estes Performance Concaves may, but is not obligated to, notify you of non-material changes. You should periodically review the most up-to-date version at our terms of use page. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

Estes Performance Concaves will notify you of any material changes to these Terms of Service by email or through a notice on the website at least 30 days before such changes take effect. Your continued use of the Service after the effective date of any modifications will constitute your acceptance of the modified terms.

2. SERVICE

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of this website, including but not limited to all products, software and services offered via the website.

The Service may contain links to third party websites that are not owned or controlled by Estes Performance Concaves. Estes Performance Concaves has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Estes Performance Concaves will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Estes Performance Concaves from any and all liability arising from your use of any third-party website. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Accordingly, we encourage you to be aware when you leave the Service and read the terms and conditions and privacy policy of any other website that you visit.

3. GENERAL USE OF THE SERVICE – PERMISSIONS AND RESTRICTIONS

Estes Performance Concaves hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

* You agree not to distribute in any medium any part of the Service or the Content without Estes Performance Concaves’s prior written authorization.

* You agree not to alter or modify any part of the Service.

* You agree not to access Content through any technology or means other than a web browser or other explicitly authorized means Estes Performance Concaves may designate.

* You agree not to use the Service for any commercial uses unless you obtain Estes Performance Concaves’ prior written approval.

* You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Estes Performance Concaves servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Estes Performance Concaves grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Estes Performance Concaves reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use any communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

This indemnification obligation applies only to actions, omissions, or damages caused by You, Your agents, or Your representatives. This provision shall not apply to force majeure events or actions beyond Your reasonable control.

In your use of the Service, you will comply with all applicable laws.Estes Performance Concaves reserves the right to discontinue any aspect of the Service at any time.

4. YOUR USE OF CONTENT

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Estes Performance Concaves, subject to copyright and other intellectual property rights under the law.

Estes Performance Concaves benefits from public recognition of its names, symbols, logos and other identifying marks (Marks). These Marks have become identified with the quality of Estes Performance Concaves’s products and services and distinguishes the company from other equipment manufacturers. Rights to Estes Performance Concaves’s Marks are governed by International, Federal, State, and common laws. Estes Performance Concaves®, Estes Concaves® and all Estes Performance Concaves logos are registered trademarks of Estes Performance Concaves. All other trademarks and service marks are the property of their respective owners.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Estes Performance Concaves or the respective licensors of the Content. Estes Performance Concaves and its licensors reserve all rights not expressly granted in and to the Service and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You understand that when using the Service, you may be exposed to Content from sources other than Estes Performance Concaves, and that Estes Performance Concaves is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Estes Performance Concaves with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Estes Performance Concaves, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

To the fullest extent permitted by law, Estes Performance Concaves disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. These disclaimers do not apply where prohibited by law.

5. YOUR CONTENT AND CONDUCT

You may submit Content to the Service. You understand that Estes Performance Concaves does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. Thus, you acknowledge that you (and NOT Estes Performance Concaves) have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.

All worldwide intellectual property rights, including moral rights, in any Content, idea, work or submission by you made in connection with the Service shall be perpetually and unconditionally vested in and owned by Estes Performance Concaves without further need for documentation or action but you shall execute any documentation where necessary for such purposes. Estes Performance Concaves can use the submissions (or anything like them) for any purpose, without compensating you or anyone else for them. Estes Performance Concaves shall have the right to create derivative works therefrom and license or transfer any such works to any third party at its discretion without compensation to you. You waive all moral rights (or its equivalent in any applicable jurisdiction) you may have over the works/submission. You cannot claim any rights against Estes Performance Concaves, its dealers and its customers for using the Content and ideas you submit (including, but not limited to, product or advertising ideas).

By submitting Content to the Service, you hereby opt-in, and agree and authorize Estes Performance Concaves to use at its discretion, without further compensation to you, any names, addresses, personal details, photographs, videotapes or any likeness of you for packaging, promotional, advertising, marketing and/or publicity purposes (where not prohibited by written law), and to the use of statements or any creative content made by or attributed to you, and any rights in connection therewith.

You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Estes Performance Concaves all of the license rights granted herein.

Estes Performance Concaves does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Estes Performance Concaves expressly disclaims any and all liability in connection with Content. Estes Performance Concaves does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Estes Performance Concaves will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.

Estes Performance Concaves reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Estes Performance Concaves reserves the right to remove any Content for any or no reason whatsoever without prior notice.

By submitting content to the Service, you acknowledge that Estes Performance Concaves may use, distribute, and modify your submissions for commercial purposes. A notification will be provided at the point of submission to remind you of this agreement.

6. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Estes Performance Concaves’ designated Copyright Agent to receive notifications of claimed infringement is:

By mail:
Copyright Agent
c/o Estes Performance Concaves
11816 Inwood Rd #1024
Dallas, TX 75244

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Estes Performance Concaves customer service through our contact form. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

* Your physical or electronic signature;

* Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

* A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts serving Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Estes Performance Concaves may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Estes Performance Concaves’ sole discretion.

7. TERMS AND CONDITIONS IN SALE OF GOODS

The sale of all goods, products, and/or goods-related services by Estes Performance Concaves (‘Seller’) to the individual or entity purchasing such goods or goods-related services (‘Buyer’) —sometimes referred to as “You” herein— shall be governed exclusively by the terms and conditions set forth in the Terms and Condition for the Sale of Goods document. By purchasing any goods or services from Estes Performance Concaves, the Buyer acknowledges and agrees to be bound by these terms and conditions in their entirety, without modification. The Buyer’s use of Estes Performance Concaves’s services or purchase of any goods from Estes Performance Concaves constitutes acceptance of the Terms and Condition for the Sale of Goods document. These Terms and Condition for the Sale of Goods supersede any prior agreements, representations, or warranties, whether written or oral, related to the sale of such goods or services. Any additional or different terms proposed by the Buyer are hereby expressly rejected unless agreed to in writing and signed by an authorized representative of Estes Performance Concaves. Estes Performance Concaves reserves the right to modify its terms and conditions at any time, with such modifications applying to future transactions upon posting on Estes Performance Concaves’s website, which is accessible at any time. Any modification of Estes Performance Concaves’ Products will void the warranty unless expressly authorized in writing by Estes Performance Concaves. This warranty voidance will be clearly communicated at the point of sale and in all product documentation.

7.1 Warranties; Exclusive Remedy. Each and every purchase of Products by You from Estes Performance Concaves shall be subject solely to the Limited Warranty as provided in Terms and Condition for the Sale of Goods document. Except as expressly stated in this warranty, Estes Performance Concaves makes no other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, which are disclaimed to the fullest extent permitted by law. Estes Performance Concaves reserves the right to change or modify the terms of the warranty at its sole discretion, and any such changes will apply to future purchases. Estes Performance Concaves retains sole discretion in determining the validity of any warranty claim, including whether the claim arises from misuse, negligence, or causation by You or a third party acting on Your behalf. Any warranty provided by You with respect to Products that have been altered, modified, or tampered with by You or on Your behalf, or any additional warranty made by You, shall be void and unenforceable against Estes Performance Concaves, and any liability resulting from such warranty shall be solely Your responsibility. Estes Performance Concaves shall not be liable for incidental, consequential, or indirect damages, and its total liability shall not exceed the amount You paid for the Products. Additionally, Estes Performance Concaves shall not be responsible for delays or failures to perform due to events beyond its control, such as natural disasters or governmental actions. All disputes shall be resolved exclusively through binding arbitration in Texas, and You waive any right to participate in a class action. You are responsible for the safe and proper use of the Products, and Estes Performance Concaves shall not be liable for damages resulting from improper use or installation. All legal matters will be governed by the laws of Texas, with jurisdiction in the courts of Texas.

THE PRODUCTS ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN LIMITED WARRANTY SECTION OF THE TERMS AND CONDITIONS FOR THE SALE OF GOODS DOCUMENT. ESTES PERFORMANCE CONCAVES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS OR RELATED SERVICES, OR THE USE OR PERFORMANCE OF THE PRODUCTS UNDER ANY CONDITIONS.

7.2 Product Liability Protection and Limitation of Responsibility. You acknowledges and agrees that Estes Performance Concaves’ liability arising from or in connection with the design, manufacture, distribution, sale, or use of the Products is strictly limited to the express warranties provided by the Estes Performance Concaves and does not extend beyond those warranties. You agrees to defend, indemnify, and hold harmless the Estes Performance Concaves, its directors, officers, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, attorneys’ fees and court costs) arising out of or related to:

(i) Any claim for bodily injury, death, property damage, or economic loss resulting from or related to the installation, use, resale, or any modification of the Products by the You, including but not limited to its agents, employees, or customers.

(ii) Any failure by the You to properly instruct its employees, agents, customers, or third parties regarding the safe and/or proper use of the Products;

(iii) Any unauthorized modification, alteration, or misuse of the Products by the You, its agents, customers, or any third party;

(vi) Any representation or warranty made by the You, its agents, or customers beyond the express terms of the Estes Performance Concaves’ warranty;

(v) Any damage or alteration to the Product by the You, its agents, or customers, or any third party, knowingly or unknowingly;

(vi) Any performance of the Product that could be caused by defects, shipping damages, or other unknown causes;

(vii) Any performance of the Product that could be caused or be the result of environmental conditions including but not limited to weather, harvest conditions, crop conditions, combine harvester conditions, or mechanical problems.

YOU AGREE THAT YOUR USE OF THE SERVICES AND PRODUCTS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ESTES PERFORMANCE CONCAVES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ESTES PERFORMANCE CONCAVES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ESTES PERFORMANCE CONCAVES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ESTES PERFORMANCE CONCAVES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

ESTES PERFORMANCE CONCAVES PRODUCTS PERFORMANCE CAN VARY DEPENDING ON MANY FACTORS INCLUDING BUT NOT LIMITED TO GEOGRAPHY, CROP, COMBINE, WEATHER CONDITIONS, COMBINE OPERATOR, COMBINE SETTINGS. ESTES PERFORMANCE CONCAVES CLAIMS ARE BASED UPON USER FEEDBACK AND TESTING. PAST CONCAVE PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.

Limitation of Liability. In no event shall the Estes Performance Concaves be liable to the You or any third party for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, business interruption, or loss of data, even if the Estes Performance Concaves has been advised of the possibility of such damages. The Estes Performance Concaves’ total liability for any and all claims arising out of or related to this Agreement or the Products sold hereunder shall not exceed the amount paid by You for the Products giving rise to the claim. This limitation of liability does not apply to damages resulting from Estes Performance Concaves’ gross negligence or willful misconduct.

7.3 Exclusion of Consequential Damages; Limitation of Liability. IN NO EVENT SHALL ESTES PERFORMANCE CONCAVES BE LIABLE FOR ANY PENALTIES (INCLUDING, WITHOUT LIMITATION, ADMINISTRATIVE PENALTIES), SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER OCCURRING, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ECONOMIC LOSS, LOSS OF GOOD WILL, LABOR COSTS, LOSS OF PROFITS OR REVENUES, OR CLAIMS RESULTING FROM CONTRACTS BETWEEN YOU, ITS CUSTOMERS, END-USERS AND/OR SUPPLIERS, REGARDLESS OF WHETHER ANY OF THE FOREGOING ARISES FROM THIS DOCUMENT OR ESTES PERFORMANCE CONCAVES’ PERFORMANCE HEREUNDER OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PRODUCTS FOR ANY PURPOSE WHATSOEVER. Subject always to the foregoing sentence, the total liability of Estes Performance Concaves for any other kind of damages arising from any cause of action or claim whatsoever, whether: (a) in contract; (b) in tort (including negligence, whether sole, joint, contributory, concurrent, or otherwise, but not including intentional, reckless, or wanton tort); (c) under strict liability; (d) arising out of any representation or instruction, or under any warranty; or (e) otherwise arising out of, connected with, or resulting from the design, manufacture, sale, resale, delivery, repair, replacement, use or misuse of any Products or the furnishing of any service shall in no event exceed the price allocable to and paid to Estes Performance Concaves for the individual unit of Products or service or part thereof which gives rise to the cause of action or claim. Estes Performance Concaves and You acknowledge and agree that the exclusions of remedies and limitations of liability and damages herein reflect a bargained-for allocation and limitation of risk, liability, and damages. This Section shall apply notwithstanding any other provision of this Agreement.

8. DEALERS

A Dealer generally refers to any individual or entity authorized by Estes Performance Concaves, who acts as an independent, non-exclusive reseller or distributor of Estes Performance Concaves’ products and goods. The formal “Dealer” definition, rights, responsibilities, terms, conditions, and obligations of a Dealer are governed by the separate Dealer Terms and Conditions document.

By engaging in activities as a dealer—such as accessing the dealer portal, placing purchase orders, or conducting sales of Estes Performance Concaves products—you acknowledge that your relationship is subject to the Dealer Terms and Conditions. The Dealer Terms and Conditions includes but is not limited to the terms related to your dealership, including product sales, use of the dealer portal, confidentiality, and any other responsibilities that arise from the dealer relationship. These Dealer Terms and Conditions are incorporated by reference into the general Terms of Service but are separate and distinct in governing all dealer-related activities.

If you do not agree to the Dealer Terms and Conditions, you should not engage in any dealer-related activities.

9. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES AND PRODUCTS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ESTES PERFORMANCE CONCAVES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.ESTES PERFORMANCE CONCAVES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.ESTES PERFORMANCE CONCAVES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ESTES PERFORMANCE CONCAVES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. LIMITATION OF LIABILITY

NO EVENT SHALL ESTES PERFORMANCE CONCAVES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ESTES PERFORMANCE CONCAVES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Estes Performance Concaves from its facilities in the United States of America. Estes Performance Concaves makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. This limitation of liability does not apply to damages resulting from Estes Performance Concaves’ gross negligence or willful misconduct.

11. DISPUTE RESOLUTION

For purposes of this Section 11 (Dispute Resolution), “Estes Performance Concaves,” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Estes Performance Concaves WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If you and Estes Performance Concaves have a Dispute (defined below) and our customer service team is unable to resolve the concern, you and Estes Performance Concaves agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a verified Notice to the other party that describes the Dispute. The Notice must include the initiating party’s name and contact information (address, telephone number, and email address), sufficient information to enable the other party to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. Your Notice shall be sent by email to: legal@estesperformanceconcaves.com or by mail to: Estes Performance Concaves, Attn: General Counsel, 11816 Inwood Rd #1024, Dallas, TX 75244. You must personally sign the Notice. Estes Performance Concaves’s Notice shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the Notice, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or Estes Performance Concaves may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you and we agree that, except as set forth below, all claims, controversies, or disputes between you and Estes Performance Concaves will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and Estes Performance Concaves, your access or Use of our Site or any products or services offered by or purchased from Estes Performance Concaves through our Site or stores, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH Estes Performance Concaves IN A COURT OF LAW OR BEFORE A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.

We agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.) To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or Estes Performance Concaves must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Dispute Resolution Section and completed the information dispute resolution process referenced above to: Estes Performance Concaves, Inc., Attn: General Counsel, 11816 Inwood Rd #1024, Dallas, TX 75244 or to the most recent address we have on file for you, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration.

The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. You and a Estes Performance Concaves representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator. Notwithstanding anything to the contrary, Estes Performance Concaves will pay all fees and costs that we are required by law to pay.

AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS IN ARBITRATION AND LITIGATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 11 (Dispute Resolution), the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against Estes Performance Concaves by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for Estes Performance Concaves shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and Estes Performance Concaves shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and the parties shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Estes Performance Concaves agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Estes Performance Concaves. Should a court of competent jurisdiction decline to enforce these “Special Additional Procedures for Mass Arbitration,” you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if Estes Performance Concaves makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.

The mass arbitration procedures shall be compliant with the American Arbitration Association (AAA) rules, and no procedures shall be implemented that would unreasonably limit any party’s right to pursue legitimate claims. If any part of these procedures is deemed unenforceable, the remaining parts will still apply, and the parties will cooperate in good faith to devise alternative fair and efficient procedures.

12. INDEMNITY

You shall indemnify, defend, completely absolve, waive, release, and hold harmless Estes Performance Concaves, its board members, shareholders, directors, members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, losses, damages, costs, and expenses, including attorney’s fees, resulting from, arising out of, or in connection with:

(i) Doing business with Estes Performance Concaves;
(ii) Direct or indirect use of Products or services, including but not limited to misuse, improper handling, or failure to follow Estes Performance Concaves’ guidelines or recommendations regarding the safe and proper use of the Products;
(iii) Direct or indirect installation of Products or services, including but not limited to improper or unauthorized installation, or installation performed by unqualified personnel, regardless of whether Estes Performance Concaves provided guidance or instructions;
(iv) Design and/or engineering of Products or services, including any modifications made to the Products by You, its employees, or agents, without prior written consent from Estes Performance Concaves;
(v) Development, manufacture, licensing, marketing, sale, or other disposition or any other commercial exploitation of Products or services, including any false or misleading claims or representations made by You or its agents regarding the Products;
(vi) Any and all product liability losses, costs, damages, fees, or expenses arising out of or in connection with Estes Performance Concaves’ Products, whether claimed by reason of breach of warranty, negligence, product defect, or otherwise, and regardless of the form in which any such claim is made;
(vii) Failure to comply with applicable laws, regulations, and industry standards regarding the sale, marketing, distribution, and use of the Products, including but not limited to health and safety regulations, consumer protection laws, and environmental regulations;
(viii) Any breach of confidentiality or intellectual property rights of Estes Performance Concaves, including but not limited to unauthorized use, disclosure, or dissemination of Estes Performance Concaves’ proprietary information, trade secrets, patents, trademarks, or copyrights;
(ix) Claims arising out of third-party lawsuits, disputes, or allegations regarding Your actions or omissions, including disputes with customers, suppliers, or other third parties related to the sale or distribution of Estes Performance Concaves’ Products;
(x) Costs or liabilities resulting from Your failure to adequately insure its activities, premises, or personnel involved in the distribution or handling of Estes Performance Concaves’ Products;
(xi) Injuries, property damage, or other liabilities resulting from Your failure to properly maintain and service the Products as required by Estes Performance Concaves’ specifications or recommendations;
(xii) Any claims, liabilities, damages, or losses, including but not limited to financial or monetary damages, loss of business opportunities, lost profits, lost data, or any consequential, incidental, or punitive damages, directly or indirectly arising from or related to the performance, non-performance, or failure of the Products or services for any reason whatsoever, including but not limited to product defects, wear and tear, design flaws, manufacturing defects, or failure to meet performance expectations;
(xiii) Any claims or liabilities arising out of or connected to changes in market conditions, acts of God, or other force majeure events beyond the control of Estes Performance Concaves that may affect the performance, value, or utility of the Products or services;
(xiv) Any liability arising out of misrepresentations, miscommunication, or misinterpretation of any specifications, guarantees, or warranties made by You, its employees, or agents, regardless of any input or guidance provided by Estes Performance Concaves;
(xv) Any failure of the Products or services to comply with specific performance metrics, standards, or expectations not expressly guaranteed in writing by Estes Performance Concaves, including claims based on implied warranties of fitness for a particular purpose or merchantability, regardless of the outcome or intended use;
(xvi) Any financial loss, damages, or liabilities arising from the use or integration of the Products or services with any third-party products, equipment, or systems not approved or tested by Estes Performance Concaves;
(xvii) Any claims for indemnification or contribution arising from actions or omissions by third parties, including but not limited to contractors, subcontractors, or other agents acting on Your behalf or for Your benefit;
(xviii) Any and all claims arising from alleged defects or failures in Products or services that occur outside the specified warranty period or after the expiration of any applicable limitations or disclaimers provided by Estes Performance Concaves.

Notwithstanding anything to the contrary contained herein, Estes Performance Concaves expressly disclaims any and all liability for any damages, losses, or liabilities, whether direct, indirect, incidental, consequential, or punitive, arising out of or related to the performance, non-performance, or use of the Products or services, to the fullest extent permitted by law. In no event shall Estes Performance Concaves’ liability, if any, exceed the amount paid by You for the specific Products or services giving rise to the claim.

13. ABILITY TO ACCEPT TERMS OF SERVICE

You shall not make any disparaging, libelous or defamatory comments about the Estes Performance Concaves and/or Products, whether true or not, except to comply with any summons, court order or subpoena. Further, You covenant and agree that You will not, directly or indirectly, in public or private, deprecate, impugn or otherwise make any remarks that would tend to or be construed to tend to defame Estes Performance Concaves, or its affiliates, successors, officers, employees, directors (in each case, in all capacities), products, services or business practices, or its or their reputation, nor will You assist any other person, firm or company in engaging in such activities. Without in any way limiting the foregoing, the You also agree not to make any public statements (whether oral or written) regarding and disputes with or from the Estes Performance Concaves, or to make any statements (whether oral or written) to any person or entity without authorization by the Estes Performance Concaves in writing. In the event of a violation of this section, the Estes Performance Concaves reserves the right to seek not only injunctive relief but also compensatory and punitive damages, including any monetary losses suffered due to reputational harm.

14. ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. In the event that Estes Performance Concaves assigns its rights under this agreement to another entity, it will ensure that any assignee will uphold the same standards of data protection and service quality that Estes Performance Concaves adheres to.

15. ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Estes Performance Concaves without restriction. Estes Performance Concaves will not be held liable for any failure to perform due to unforeseen circumstances or causes beyond its control, including but not limited to natural disasters, war, government actions, pandemics, or other force majeure events. These limitations do not apply to claims of gross negligence or willful misconduct.

16. GENERAL

You agree that: (i) the Service shall be deemed solely based in Texas; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Estes Performance Concaves, either specific or general, in jurisdictions other than Texas. These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Estes Performance Concaves that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction serving Dallas, Texas. These Terms of Service, together with the Estes Performance Concaves Privacy Policy and any other legal notices published by Estes Performance Concaves on the Service, shall constitute the entire agreement between you and Estes Performance Concaves concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Estes Performance Concaves’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Estes Performance Concaves reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service or Estes Performance Concave’s Products following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. It is your responsibility to stay informed of local laws and regulations that may impact your use of the Service or Products.

YOU AND ESTES PERFORMANCE CONCAVES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. SURVIVABILITY

Certain provisions of these Terms of Service, by their nature, must survive termination of this agreement to give full effect to their intent. The following provisions shall survive any termination or expiration of your use of the Service or termination of the agreement between you and Estes Performance Concaves:

(i) Intellectual Property Rights (Section 4): All provisions regarding ownership and use of content, trademarks, and proprietary information shall remain in force indefinitely. Estes Performance Concaves retains full rights to all content provided during the agreement and after its termination, in perpetuity.

(ii) Warranties, Disclaimers, and Limitation of Liability (Sections 7, 9, and 10): The disclaimers, limitations on warranties, exclusions of certain damages, and any liability caps shall continue to apply after termination, limiting future claims. These provisions shall continue to limit liability and warranty claims even after termination and apply to all past and future interactions.

(iii) Indemnification (Section 12): Your responsibility to indemnify, defend, and hold harmless Estes Performance Concaves for any claims, damages, or losses arising out of your actions or use of the Service will continue indefinitely, including for claims or losses that occur after termination or expiration of the agreement.

(iv) Dispute Resolution and Arbitration (Section 11): All terms governing arbitration, waiver of class actions, and legal processes shall survive termination and apply to any disputes arising out of or related to this agreement, even after its termination. Arbitration or dispute resolution will handle all issues, including those that arise post-termination.

(v) Confidentiality and Non-Disclosure (if applicable): Any obligations relating to the protection of confidential information, trade secrets, or proprietary data shared during the course of the agreement shall survive and remain binding indefinitely. Any breaches of confidentiality or misuse of proprietary information post-termination will result in legal action.

(vi) Non-Disparagement (Section 13): Your obligations under non-disparagement shall remain in effect indefinitely, ensuring you do not make defamatory statements post-termination. Any violation of this provision will result in immediate legal consequences.

(vii) Assignment (Section 15): The provisions allowing Estes Performance Concaves to assign its rights under the agreement to another entity without restriction shall survive termination.

(viii) Governing Law and Jurisdiction (Section 16): Any provisions related to the governing law and jurisdiction of disputes shall continue to apply, ensuring that any post-termination issues are handled under Texas law in the relevant courts or arbitration forums.

18. ADDITIONAL TERMS, SEVERABILITY, MISCELLANEOUS

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions of these Terms, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified so as to be valid and enforceable to the maximum extent permitted by law, and if no such modification is possible, it shall be severed from the rest of the Terms, with the remaining provisions continuing to govern the relationship between you and Estes Performance Concaves as if the invalid or unenforceable provision had never been included.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.