THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
By viewing and using the Miller Cat Corp / Cat Shield site and online store you agree to the following:
This website is operated by MillerCAT Corp. Throughout the site, the terms “we”, “us” and “our” refer to MillerCAT Corp. MillerCAT Corp offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MillerCAT Corp, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MillerCAT Corp and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - COPYRIGHT & TRADEMARK
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Miller Cat Corp. or its suppliers and protected by U.S. and international copyright laws. All trademarks, service marks, and trade names are proprietary to Miller Cat Corp. All other trademarks not owned by Miller Cat Corp. 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 Miller Cat Corp. 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 Miller Cat Corp. or its software suppliers and protected by U.S. and international copyright laws and may not be reproduced, modified, distributed, transmitted, or republished. You may not copy any pictures hosted on this site for use on any other business / store website (personal use ONLY!). You may not, under ANY circumstance, link to pictures hosted on this site from outside websites. This is considered stealing bandwidth, and is not allowed without written permission from Miller Cat Corp.
SECTION 17 - ORDER ACCEPTANCE & SUBMISSIONS
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Miller Cat Corp. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Miller Cat Corp. reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust your invoice accordingly. Miller Cat Corp. may require additional verifications or information before accepting any order. International orders may be subject to tariffs, taxes, regulations and additional fees. Miller Cat Corp. is not responsible for shipping delays or any additional fees for international orders.
SECTION 18 - LIMITATION OF LIABILITY & DISCLAIMER
The Miller Cat Corp. website (www.millercat.com & www.catshield.com) and the materials therein are provided "AS IS". Miller Cat Corp. 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 Miller Cat Corp., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Miller Cat Corp. website. 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. Miller Cat Corp. shall have 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, Miller Cat Corp. shall immediately issue a credit to your credit card account in the amount of the incorrect price. Miller Cat Corp. reserves the right to change any information on this site at any time.
Items purchased through Miller Cat Corp. are subject to the respective manufacturer's warranties and guarantees upon their discretion and time frames. Miller Cat Corp. is in no way liable for any consequential damages arising from any items we sell including but not limited to; labor costs, transportation costs, damage to other parts on the vehicle, damage to other property or vehicles.
Miller Cat Corp makes no guarantees on products passing local emissions or inspection requirements. Local and State regulations are changing to include language on accepting converter shields that do not modify the catalytic converter.
SECTION 19 - RISK OF LOSS
All items purchased from Miller Cat Corp. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We are not responsible for damages caused during shipping. Please file a claim with the appropriate shipping company if your item was damaged during transit; we can assist you if you need help. PLEASE INSPECT YOUR ITEM BEFORE SIGNING FOR IT, BECAUSE IF YOU DO NOT AND LATER DISCOVER THE ITEM IS DAMAGED, YOUR CLAIM WILL BE DENIED! Make the shipper wait if you have to, just make sure to ALWAYS inspect ANY package you get before the shipper leaves.
SECTION 20 - JURISDICTION
You agree that any legal action brought against Miller Cat Corp. shall be governed by the laws of the state of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of Miller Cat Corp., or orders made on Miller Cat Corp., shall be held in a federal or state court located in Santa Clara County in the State of California.
SECTION 21 - FORUM SELECTION CLAUSE
Any dispute arising from this contractual relationship shall be governed by California law, and shall be decided solely and exclusively by State courts located in California. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse Miller Cat Corp for its attorney's fees.
SECTION 22 - ATTORNEY'S FEES PROVISION
Miller Cat Corp shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.
"Costs" include, but are not limited to, filing fees, fees for serving the summons, complaint, and other court papers, fees to pay a court reporter to transcribe depositions (pretrial interviews of witnesses) and in-court testimony, and, if a jury is involved, to pay the daily stipend of jurors. Costs to photocopy court papers and exhibits may also be included.
SECTION 23 - MERGER CLAUSE/NON-MODIFICATION
This agreement constitutes the entire agreement between the parties. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The undersigned customer hereby acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions.
SECTION 24 - AMBIGUITIES AGAINST THE DRAFTER
The failure of Miller Cat Corp to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but instead shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intent of the parties at the time of contracting.
SECTION 25 - SHIPPING
Unless your order will be shipping LTL freight, tracking information should be sent to your email address (if provided) as soon as orders are fulfilled during business operation hours. Please note that the tracking numbers will not become active until the shipment leaves our facility. If there are any problems, concerns, or questions please email email@example.com or call and leave us a voice mail here at 408-510-5224 and we will respond with help as soon as possible on regular business days M-F. We strive to get all orders pulled, packed, and shipped quickly and accurately.
Miller Cat Corp. cannot guarantee that your order will be shipped the day on which it is placed. We will make every attempt to ship your order within two (2) business days or earlier for orders that are not bulk orders, which may take longer to fulfill. In order to avoid delays, your order may be shipped in multiple shipments or combined shipments at our discretion. We will attempt to contact you within 24 hours M-F if any of the items you order are on back-order with an estimated date when we can ship the item.
LOST OR STOLEN PACKAGES - *We do not offer refunds for lost or stolen packages. We only offer replacements, which are contingent upon investigation by the responsible carrier. Replacements are not returnable or refundable.
SECTION 26 - CANCELLATIONS
You cannot cancel an order after it ships. If you refuse any package from Miller Cat Corp or are not available to receive a package within the three delivery attempts FedEx or USPS makes you are responsible for shipping charges for the package coming back to Miller Cat Corp.
SECTION 27 - RETURN POLICY
All items MUST be returned within 30 days in exactly the same condition that they were received. This also applies to any faulty or incorrect part that Miller Cat Corp may have shipped in error. Returned items must be undamaged and unmodified. PLEASE check all parts before installation. Parts CANNOT be returned FOR ANY REASON after installation, modification, or painting.
ALL RETURNS MUST RECEIVE PRE-AUTHORIZATION.
To receive Pre-Authorization:
1. Go to https://catshield.com/pages/returns to begin your return.
2. Read through the terms and conditions for returns and click the button on the bottom of the page to agree to the terms and conditions and start your return process.
3. Provide your order number and zip code to look up your order. Please indicate why you are returning your product. You will be allowed to purchase cheaper shipping rates to our location and be given an RMA number.
4. After we receive your return, we will inspect the product in two to three business days. After inspection, you will be issued a refund minus any applicable shipping and restocking fees from your refund. Please allow 5-7 business days for your refund to show on your credit card after we submit the refund.
The RMA number, your name, and address MUST be included on and in the box in which your return is shipped. In addition to the RMA#, name and address inside of the box, also include a daytime phone number and the reason for the return. The RMA# will be required to facilitate your refund.
If you follow these instructions and do not receive an RMA#, contact: firstname.lastname@example.org Your return WILL NOT be processed if there is no RMA# associated with the order and it is not included with the return.
FEES - All returns NOT facilitated by an error by Miller Cat Corp are subject to a restocking fee of up to 20% based on the condition of the return and cost of the return shipping.
IF YOU ARE RETURNING AN ITEM THAT IS NOT FACILITATED BY AN ERROR ON OUR PART:
Securely pack the item that you are returning.* Inside of the box be sure to include your name, address, daytime phone number, the reason for the return, and the RMA #. If this information is not included, your return will NOT BE PROCESSED. The package should be shipped to: Miller Cat Corp; 384 Laurelwood Rd, Santa Clara, CA 95054. Please choose a shipping method with a tracking number to ensure your package arrives. Miller Cat Corp IS NOT RESPONSIBLE FOR RETURN SHIPPING but does offer customers to use our discounted rates to send shipments back to us. The customer is responsible for the cost of returns unless the error was made by us. Once the return has been processed, Miller Cat Corp will issue a refund based on the pre-authorization and the condition of the item upon receipt. Please allow 15 days from the date the package arrives at our facility for processing. PLEASE use your tracking number for your package to confirm the item has arrived at our facility.
Miller Cat Corp IS NOT RESPONSIBLE FOR REIMBURSEMENT OF LABOR AND SHOP CHARGES FOR ANY REASON.
SECTION 28 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 29 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 30 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 31 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 32 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.