Terms and Conditions

Welcome to MetricManiacs.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern MetricManiacs.com’s relationship with you in relation to this website.

The term “MetricManiacs.com” or “us” or “we” refers to the owner of the website; whose registered office is 87 State Street, Gorham, ME 04038 and registered business name is “Metrics, Inc.” The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website are subject to the laws of the United States of America.
  • By making a purchase with MetricManiacs.com, customer agree’s to opt-in to electronic delivery (via email) of any and all documentation related to that and all other purchases.

Errors

  • In the event that a MetricManiacs.com product is mistakenly listed at an incorrect price, MetricManiacs.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, or for orders in which the total has been calculated incorrectly. MetricManiacs.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MetricManiacs.com shall issue a credit to your credit card account in the amount of the incorrect price.

Warranty

  • NO WARRANTY EXPRESSED, WRITTEN, OR IMPLIED is made on any products made or sold by MetricManiacs.com. All descriptions given by MetricManiacs.com as to function are for reference only and are not a guarantee. MetricManiacs.com cannot assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold. MetricManiacs.com shall not, under any circumstances, be liable for any special, incidental or consequential damages, including but not limited to damage or loss of goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these products. By purchasing, using, or installing the product, the purchaser agrees to all of these terms.

Emmissions Laws

  • Aftermarket parts modifying motorcycle emission control systems including but not limited to exhausts, fuel controllers, smog block-off plates, (Racing Parts) are legal for closed-course competition use only. By purchasing from MetricManiacs.com, you acknowledge that Racing Parts are legal only for closed-course competition racing use and You agree not to use Racing Parts on a licensed street vehicle. MetricManiacs.com cannot verify usage of these aftermarket parts and cannot be held responsible for misuse. It is your responsibility to comply with all applicable laws.

INDEMNIFICATION

  • You agree to defend, indemnify, and hold harmless MetricManiacs.com and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. MetricManiacs.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MetricManiacs.com in asserting any available defenses.

International Use

  • MetricManiacs.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice Of Law And Forum

  • These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maine, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Maine, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Sever-Ability And Integration

  • Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MetricManiacs.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MetricManiacs.com with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

User Generated Content

MetricManiacs.com User Generated Content Terms Of Content, Use, and Release

By uploading your photograph tagged with #MetricManiacs and/or #metrics, you grant Metrics, Inc., its agents, affiliates, and /or related entities (“MetricManiacs”) a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, and modify your uploaded photograph along with your handle in both digital and physical owned channels for all promotional, marketing, advertising, and other commercial purposes. By creating and account and uploading your image, you grant MetricManiacs an non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use your name, handle, and photographs tagged with #MetricManiacs (“User Content”) in any media, including but not limited to on its webpages, social, marketing, third party materials, promotional materials, advertising, and other commercial usages. MetricManiacs may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in its sole discretion, without any obligation or additional permission from you. You represent and warrant to MetricManiacs that you are over the age of 18, (ii) have the requisite right to transmit, distribute, replicate, and post the User Content, (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content provided herein, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content, (vi) you are the parent or legal guardian of each child under the age of 13, if any, depicted in the User Content, and (vii) the User Content, and MetricManiacs’ use of the User Content as permitted under these terms and conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party. You agree to indemnify, defend, and hold harmless MetricManiacs from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from any breach of any of the above representations and warranties. You expressly release MetricManiacs from any claims, damages, actions, or liabilities arising from MetricManiacs’ use of the User Content as permitted herein.

If you believe any photograph, image, or User Content posted on the MetricManiacs website infringes on your copyright or other intellectual property right, please send an email to admin@metricmaniacs.com containing the following information: Identity of your copyrighted work or other right you claim has been infringed description of the allegedly infringing material located on the MetricManiacs website including where the alleged infringing material is located on the MetricManiacs website and the permalink where the material is located; your address, telephone number, and email address; your written declaration that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law; your written declaration, made under penalty of perjury, that the above information provided in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner’s behalf; and your physical or electronic signature. MetricManiacs will terminate the accounts of repeat infringers.