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EBC Anti Noise Shim Kit

Vendor: EBC

SKU: EBCASK1

Product Type: Brake Hardware

$5.70 USD; ~~$6.00 USD~~; $5.70 USD
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Kies Motorsports

EBC Anti Noise Shim Kit

~~$6.00~~ $5.70

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EBC Anti Noise Shim Kit

~~$6.00~~ $5.70

Description

Disc Brake Pad Shim Kit

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THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY) TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

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These terms and conditions (these "Terms") apply to the purchase and sale of products and services from KIES MOTORSPORTS, LLC (the “Company”) through www.kiesmotorsports.com (the "Site"). These Terms are subject to change by the Company (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated” date referenced above or on the Site. You should review these Terms prior to purchasing any product or services that are available through the Site. Your continued use of the Site after the "Last Updated” date will constitute your acceptance of and agreement to such changes.

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SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

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YOUR PURCHASE, INSTALLATION OR USE OF ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY;

YOUR MISUSE OF ANY PRODUCT OR SERVICE PURCHASED FROM THE COMPANY; OR

YOUR FAILURE TO COMPLY WITH ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, FEDERAL AND STATE EMISSIONS AND SAFETY REGULATIONS, TRAFFIC LAWS, AND LOCAL NOISE ORDINANCES, IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.

ACKNOWLEDGMENT OF EMISSIONS RESTRICTIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT CERTAIN PRODUCTS AVAILABLE FOR PURCHASE AT THE SITE ARE INTENDED FOR OFF-ROAD OR TRACK/COMPETITION USE ONLY AND ARE NOT INTENDED FOR PUBLIC STREET OR HIGHWAY USE IN ANY JURISDICTION WHERE APPLICABLE LAW RESTRICTS OR PROHIBITS SUCH USE. WE HAVE DONE OUR BEST TO IDENTIFY SUCH PRODUCTS CLEARLY ON THE SITE. HOWEVER, IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR PURCHASE, INSTALLATION OR USE OF ANY PRODUCT OR SERVICE OFFERED OR SOLD ON OUR SITE COMPLIES WITH ALL APPLICABLE LAWS. THE COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CLAIM (EXPRESS OR IMPLIED) TO YOU OR ANY OTHER PARTY REGARDING THE EMISSIONS COMPLIANCE OR EMISSIONS PERFORMANCE OF, OR THE LEGALITY FOR PUBLIC STREET OR HIGHWAY USE OF, THE PRODUCTS AND SERVICES PROVIDED BY THE COMPANY. FOR MORE INFORMATION REGARDING PRODUCT EMISSIONS COMPLIANCE, CONSULT WITH THE PRODUCT’S MANUFACTURER.

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The limitation of liability set forth in Section 11(b) shall (i) only apply to the extent permitted by law, and (ii) not apply to any liability resulting from our gross negligence or willful misconduct.

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Dispute Resolution and Binding Arbitration.

YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us by either (i) using the “Contact Us” form provided at the Site (https://www.kiesmotorsports.com/contact), or (ii) contacting us by email at info@kiesmotorsports.com. We may update the method for notices to us by posting a notice on the Site. Notices provided by electronic transmission will be effective one business day after they are sent.

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement. These Term, together with any order conformation or invoice we issue to you, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

TERMS (REQUIRED)

OFF-ROAD USE POLICY & EMISSIONS COMPLIANCE NOTICE

California Proposition 65 Warning:

This product can expose you to chemicals such as lead and lead compounds, which are known to the State of California to cause cancer or birth defects or other reproductive harm. For more information, visit www.P65Warnings.ca.gov.

For a complete list of chemicals known to cause harm, visit https://www.p65warnings.ca.gov/chemicals.

EPA / CARB Compliance & Legal Use:

Under the federal Clean Air Act (42 U.S.C. §7522(a)(3)), it is illegal to manufacture, sell, install, or use any part that defeats or alters a motor vehicle’s emission control system for use on public roads. Unless a product has received an Executive Order (EO) from the California Air Resources Board (CARB), it is not legal for use or installation on any pollution-controlled vehicle driven on public highways.

Civil penalties up to $4,819 per violation per vehicle
Possible criminal penalties under the Clean Air Act
Revocation of registration or smog certification by DMV or local authorities

State & Local Regulations:

Some states have CARB-equivalent or independent emissions laws. Customers are responsible for verifying local regulations before purchasing or installing emissions-related products.

Intended Use & Customer Certification:

All performance, racing, or competition parts sold by this company are intended solely for off-road, closed-course, or competition use on vehicles that are never registered or used on public highways.

I have read and understood the California Proposition 65 Warning. I have read and understood the EPA/CARB Compliance Notice. I understand these products are intended for off-road or competition use only. I acknowledge that it is my responsibility to comply with all federal, state, and local emissions laws. I understand that installation or use on a public road vehicle is a violation of the Clean Air Act and may subject me to personal liability.

Company Policy Statement

Kies Motorsports, LLC sells and markets these products for lawful use only. We do not condone or authorize the use of emission-control defeat devices or any modification that violates the Clean Air Act or state regulations.

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