Terms

Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

Protected/Secure Area

Scorpion Performance maintains certain non-public portions of the site that are accessible to and intended solely for the use of qualified users. If you are entitled to access to such password-protected portions of the site, you will receive a password. You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your password, whether or not authorized by you. You agree to immediately notify Scorpion Performance of any unauthorized use of your password. Scorpion Performance cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Confidentiality of Information

If you are provided with confidential information of Scorpion Performance (which may include passwords and user ids for password-protected portions of the Scorpion Performance site), you may not use or disclose any confidential information of Scorpion Performance for any other purpose without Scorpion Performance's prior written permission, except as required by applicable laws, including, without limitation, any court or governmental order. You agree to take commercially reasonable precautions to safeguard the confidentiality of all confidential information of Scorpion Performance, including, at a minimum, those precautions taken by such party to protect its own confidential information of a similar nature. You will be responsible for any breaches of this Term by your respective employees, contractors and agents.

Copyright/Trademark/Trade Secrets

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Scorpion Performance, Inc. ("Scorpion Performance") or its suppliers and is protected by U.S. and international copyright laws. All trademarks, service marks, and trade names are proprietary to Scorpion Performance. All other trademarks not owned by Scorpion Performance or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Scorpion Performance. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All software used on this site is the property of Scorpion Performance or its software suppliers and is protected by U.S. and international copyright laws, and may not be reproduced, modified, distributed, transmitted, or republished. The unauthorized use of any trademark owned or used by Scorpion Performance is strictly prohibited. Certain non-public portions of the site may constitute trade secrets, proprietary information and confidential information of Scorpion Performance. If you have been provided access to non-public portions of the site by Scorpion Performance, you are reminded that you are required to maintain this information in strictest confidence.

Forward Looking Statements

This site may include statements concerning Scorpion Performance's operations, prospects, financial condition and demand for our products, as well as plans and objectives that are forward looking. Words such as "expect," "anticipate," "intend," "plan," "project," "believe," and "estimate," and variations of these words and similar expressions, identify these forward-looking statements. Scorpion Performance’s business is subject to numerous risks and uncertainties, including variability in quarterly operating results and the rate of growth and development of the markets we service. These statements are assumptions that are subject to many factors, many of which are beyond our control.

Securities Laws

This site and the information contained herein does not constitute an offer or a solicitation for the sale of securities. None of the information contained in this site is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.

Limitation of Liability and Disclaimer

The Scorpion Performance web site (www.scorpionperformance.com) and the materials therein are provided "AS IS". Scorpion Performance makes no representations or warranties, either express or implied, of any kind with respect to the operation, contents, information, or materials contained therein. You agree that Scorpion Performance, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Scorpion Performance web site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Right to Change Terms

Scorpion Performance reserves the right, at its sole discretion, to change, modify, add, or remove portions of this site and these Terms at any time. All such changes to these Terms will appear on this page. By using the website following any modifications to these Terms, you agree to be bound by any such modifications. Unless explicitly stated otherwise, any new features to the current website shall be subject to these Terms.

Unlawful or Prohibited Use

As a condition of your use of the website, you will not use it for any purpose that is unlawful or prohibited by these Terms. You may not use the services in any manner that could damage, disable, overburden, or impair any Scorpion Performance server, or the network(s) connected to any Scorpion Performance server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Scorpion Performance server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Links to Other Sites

Scorpion Performance may, from time to time, include links to sites of third parties. These links are provided solely as a convenience and not as an endorsement by Scorpion Performance of the contents on such third-party Web sites. Scorpion Performance has not reviewed and is not responsible for any third party site. Your use to any third party site is at your own risk; links are provided as Internet navigation tools only. You should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this site. Scorpion Performance is not responsible for such policies and expressly disclaims any and all liability related to such policies. Scorpion Performance makes no warranty or representation regarding any linked web sites or the information appearing on such linked site

Unsolicited Idea

Neither Scorpion Performance nor its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Scorpion Performance's product or marketing strategies might seem similar to ideas submitted to Scorpion Performance. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission. You agree that: (1) your ideas will automatically become the property of Scorpion Performance, without compensation to you, and (2) Scorpion Performance can use the ideas for any purpose and in any way, even give them to others.

Jurisdiction

You agree that any legal action brought against Scorpion Performance shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on Scorpion Performance shall be an appropriate federal or state court located in Broward County in the State of Florida.