terms of service
This website is operated by Vorteq Carbon. Throughout the site, the terms “we,” “us,” and “our” refer to Vorteq Carbon. Vorteq Carbon 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 policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features or tools added to the store shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is operated through a secure e-commerce infrastructure that enables Vorteq Carbon to offer products and services to customers. We utilize third-party service providers for hosting, payment processing, and order management, and such services are provided subject to the respective third parties’ terms, conditions, and privacy policies, for which Vorteq Carbon assumes no liability.
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 and have obtained consent for any minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit worms, viruses, or destructive code. Breach of these Terms may result in immediate termination of your access and services.
SECTION 2 - ORDER ACCEPTANCE
Submission of an order on the Vorteq Carbon website constitutes an offer to purchase, not a binding contract. Vorteq Carbon reserves the right to accept or decline any order in its sole discretion. An order is not confirmed until you receive a written order confirmation email from Vorteq Carbon. We reserve the right to cancel confirmed orders due to pricing errors, stock discrepancies, suspected fraud, or payment verification failures, in which case any charges will be reversed in full.
Receipt of an order confirmation email does not guarantee shipment if subsequent issues are identified, including but not limited to: payment authorization failure, address verification failure, suspected fraudulent activity, or identification of a pricing or inventory error. Vorteq Carbon shall not be liable for any loss, inconvenience, or damages resulting from the cancellation of an order prior to shipment.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, including, without limitation, cases involving suspected fraud, abuse, or violation of these Terms. We may also refuse service, support, warranty claims, or order fulfillment to customers who engage in abusive, fraudulent, or threatening behavior toward our staff or systems. We may suspend or terminate your access to the Service, your account, or any orders at our sole discretion.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or website without our express written permission. You may not access or use the Service through automated systems, including bots, scripts, or scraping tools, unless explicitly authorized by us.
You agree to comply with all applicable local, state, national, and international laws while using the Service. In the event of any order-related dispute, you agree to first contact us directly and provide a reasonable opportunity to resolve the matter in good faith before initiating a chargeback or payment dispute. We reserve the right to investigate any suspected misuse of the Service and to cooperate with law enforcement where required.
SECTION 4 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We do not guarantee that any information, materials, product descriptions, pricing, or content available on this website is accurate, complete, or current, and we are not responsible for any errors or omissions. All material on this site is provided for general informational purposes only and should not be relied upon as the sole basis for making purchasing or other decisions without consulting primary, more accurate, complete, or timely sources.
Product colors, dimensions, weights, and specifications may vary slightly from images or descriptions, especially for custom or handmade items. This site may contain historical information provided for reference only and may not reflect current conditions. We reserve the right to modify, update, or remove any content, information, or products at any time without notice.
SECTION 5 – PRODUCTS & SERVICES
Certain products or services may be available exclusively online through this website. All products and services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.
Product images, colors, and descriptions are provided for general reference only. Vorteq Carbon makes no representation or warranty that product depictions are exact, and no image or description constitutes a specification guarantee. Due to the handcrafted and aftermarket nature of carbon fiber and composite products, minor variations in appearance, finish, texture, weave pattern, dimensions, and color may occur between units and from product images. Such variations are inherent to the manufacturing process and do not constitute defects, misrepresentation, or grounds for return. Customer acceptance of these natural variations is a condition of purchase.
We reserve the right, but are not obligated, to limit the sale of products or services to any individual, geographic region, or jurisdiction, and to restrict quantities per customer, household, or order at our discretion. All descriptions of products, specifications, and pricing are subject to change at any time without notice. We reserve the right to discontinue or modify any product or service at any time, and any offer for a product or service is void where prohibited by law.
Vorteq Carbon does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. You agree that all purchases are made at your own risk and responsibility for verifying fitment, specifications, and suitability for your intended use rests solely with you.
SECTION 6 – OFF-ROAD USE & REGULATORY COMPLIANCE DISCLAIMER
Vorteq Carbon offers aftermarket automotive parts and accessories intended for cosmetic, performance, motorsport, show, and specialty applications. Certain products may be intended or suitable for off-road, track-only, or competition use and may not be legal for operation on public roads in all jurisdictions.
It is the customer’s sole responsibility to determine and ensure that any product purchased, installed, or used complies with all applicable local, state, and federal laws and regulations, including but not limited to emissions, vehicle equipment, and safety standards. Product listings may, in some cases, provide intended use guidance; however, ultimate compliance determination rests entirely with the customer. Vorteq Carbon makes no representation or guarantee that any product is street legal in any specific jurisdiction.
By purchasing or using our products, you acknowledge that they are aftermarket components and are not manufactured, endorsed, or certified by any original equipment manufacturer (OEM) unless explicitly stated. Vorteq Carbon shall not be liable for any fines, penalties, citations, inspection failures, vehicle damage, or legal consequences resulting from improper or unlawful installation or use of any product.
SECTION 7 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without notice or liability. We are not liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us for any reason, including suspected fraud, violation of these Terms, or irregularities in account or payment information. At our sole discretion, we may limit quantities purchased per person, household, order, account, credit card, or shipping and billing address. Orders that appear to be placed by dealers, resellers, or distributors may also be restricted or canceled.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, including full name, billing address, shipping address, email address, and payment information. You are responsible for promptly updating your account information to ensure we can complete your transactions and contact you as needed. Vorteq Carbon shall not be held liable for any loss, fees, or damages resulting from incomplete, inaccurate, or outdated account information.
In the event that an order is changed or canceled, we may attempt to notify you using the contact information provided at the time of the order, but we are not liable for failure to provide such notice. All purchases are subject to our Refund Policy, and it is your responsibility to review and understand our policies prior to completing your order.
SECTION 9 – SHIPPING, CARRIER DAMAGE & LOST SHIPMENTS
Once an order has been tendered to the designated carrier and a tracking number has been issued, title and risk of loss transfer to the customer. Vorteq Carbon is not liable for packages that are lost, stolen, delayed, or damaged in transit after handoff to the carrier.
Standard In-Stock (Excludes “Made To Order”) Items:
Ship from our California fulfillment center within 3 business days. Domestic U.S. delivery typically takes 2–5 business days. Delivery estimates are approximate and not guaranteed.
Custom-Made (“Made To Order”) Items:
Ship within 1–6 weeks from our overseas manufacturing facility, with international shipments typically taking 7–21 additional days depending on customs clearance. Customers are responsible for all customs duties, taxes, import fees, and other regulatory charges.
Order Tracking:
Tracking information is provided via email upon shipment. Domestic tracking may take up to 24 hours to update after pickup. International tracking may not update until customs clearance is completed.
Carrier Damage Claims:
Customers are required to photograph or video record the exterior of all packaging at the time of delivery, prior to opening. Failure to document packaging condition at the time of delivery may limit or void eligibility for carrier damage claims. All damage claims must be submitted to Vorteq Carbon with photographic or video evidence of both packaging and product condition taken within 24 hours of delivery. Customers experiencing carrier-related issues are responsible for filing claims directly with the carrier. Vorteq Carbon may, at its sole discretion, assist in filing carrier claims on the customer’s behalf but assumes no obligation to do so and makes no guarantee of recovery. Signature confirmation may be required at Vorteq Carbon’s discretion for high-value orders.
Carrier Selection:
Vorteq Carbon uses reputable carriers including USPS, UPS, FedEx, and DHL. Carrier selection is at our discretion based on package size, weight, and destination.
Orders Returned to Sender:
Packages returned to Vorteq Carbon due to missed delivery, refusal, incorrect addresses, or failure to retrieve from a carrier facility will be treated as standard returns. A 20% restocking fee plus return postage applies. Customers are solely responsible for providing accurate shipping information and coordinating with carriers for delivery.
SECTION 10 – CHARGEBACKS & PAYMENT DISPUTES
By completing a purchase with Vorteq Carbon, you expressly agree to contact us at support@vorteqcarbon.com and allow a minimum of five (5) business days for resolution before initiating any chargeback, payment reversal, or dispute with your bank, credit card issuer, or payment processor. This obligation applies to all disputes, including but not limited to: shipping delays, product condition, fitment, defects, cancellations, or delivery issues.
If you initiate a chargeback or payment dispute without first exhausting our internal resolution process, you acknowledge and agree that:
(a) Vorteq Carbon will submit all available evidence to the payment processor, including order records, communications, shipping and tracking documentation, delivery confirmation, and all applicable policy disclosures accepted at the time of purchase;
(b) Any chargeback filed for an order confirmed as delivered to the address provided at checkout, where no prior contact was made with Vorteq Carbon, will be treated as potential fraud and may be reported to applicable payment networks and fraud prevention databases;
(c) Your account, any associated accounts, and any orders in progress may be immediately suspended or canceled, and you may be permanently banned from making future purchases from Vorteq Carbon;
(d) Vorteq Carbon reserves the right to pursue recovery of the disputed amount, plus any chargeback fees imposed on Vorteq Carbon by the payment processor, through civil action or collections if a chargeback is determined to be unwarranted or fraudulent.
Nothing in this section waives your statutory right to dispute a charge through your financial institution. However, Vorteq Carbon will vigorously defend all legitimate transactions in accordance with payment processor dispute procedures and will submit all relevant documentation in response to any claim filed.
SECTION 11 – ORDER TERMS, RETURNS, EXCHANGES & CANCELLATIONS
Standard In-Stock (Excludes “Made To Order”) Orders – Returns and Exchanges:
Customers have up to 14 calendar days from the delivery date, as confirmed by the carrier, to request a return or exchange of standard, in-stock (non-custom) items. All returns or exchanges must be authorized through a Return Merchandise Authorization (RMA) prior to shipping the item back. Items must be unused, in original packaging, and accompanied by proof of purchase. Products that have been used, installed, painted, modified, or damaged in any way are not eligible for return or exchange. Return shipping costs are the responsibility of the customer. Failure to notify Vorteq Carbon of a defect, damage, or fitment issue within 14 days of confirmed delivery constitutes a waiver of the right to return or claim a fitment issue.
Custom-Made (“Made to Order”) Orders:
Products identified as “Made to Order” are custom-manufactured per order and are non-returnable, non-exchangeable, and non-refundable, except in cases of verified manufacturing defects or damage confirmed by Vorteq Carbon. Custom orders typically ship within 1–6 weeks from our overseas manufacturing facility, depending on production, quality control, and logistics. Once production begins, custom orders cannot be modified, canceled, or returned under any circumstances. Customers must respond promptly to any order-related inquiries; failure to respond may delay shipping timelines without creating any liability for Vorteq Carbon.
Fitment Guarantee and Customer Responsibility:
Customers are solely responsible for selecting the correct product based on fitment information provided on the website. Vorteq Carbon does not assume responsibility for damages, improper fitment, or installation errors resulting from DIY installation or failure to follow professional installation procedures.
Vorteq Carbon provides a Fitment Guarantee for products explicitly listed as compatible with the customer’s vehicle (e.g., 2015–2018 BMW F80 M3). To qualify, the product must be installed or have installation attempted by a licensed professional automotive shop. For purposes of this Fitment Guarantee, a “licensed professional automotive shop” means a brick-and-mortar automotive repair or installation facility that holds a valid business license in its jurisdiction and employs or is operated by a technician with verifiable professional experience in automotive body, aerodynamics, or component installation. Mobile installers, home-based installers, and self-described “professional” individuals not operating from a licensed commercial facility do not qualify.
Fitment issues, installation difficulties, or manufacturing defects must be reported within 14 calendar days of delivery, with proper documentation including professional shop invoices and supporting photos or videos. Failure to notify within 14 days constitutes a waiver of the Fitment Guarantee claim. Vorteq Carbon reserves the right to request proof of installer licensing and shop documentation before processing any Fitment Guarantee claim and to deny claims if products have been misused, modified, damaged, or improperly handled. The maximum remedy available under the Fitment Guarantee is limited to replacement of the non-fitting component at Vorteq Carbon’s sole discretion. No consequential, incidental, or labor costs are covered under the Fitment Guarantee. DIY installations are not covered.
Damaged or Defective Products:
Customers must inspect all items immediately upon delivery and report any damage, defect, or incorrect fulfillment within 14 calendar days of confirmed delivery. Claims must be accompanied by photographic or video evidence of both packaging and product condition. Timely notification with required documentation is a prerequisite for eligibility for replacement, repair, or refund.
Restocking Fees:
Returns of standard items due to buyer’s remorse, incorrect ordering, or “no defect” reasons will incur a 20% restocking fee of the original purchase price. Returns resulting from verified damage, defect, or incorrect fulfillment caused by Vorteq Carbon do not incur a restocking fee; however, the customer remains responsible for return shipping costs unless otherwise agreed in writing. Packages returned to sender due to missed delivery, refusal, or incorrect addresses are subject to a 20% restocking fee plus return shipping costs.
Order Cancellations:
Standard orders may be canceled within 24 hours of purchase for a full refund, provided the item has not yet shipped. Cancellation requests received after shipment or after the 24-hour window will be treated as a return of the delivered item and are subject to the standard return policy, including applicable restocking fees. Order changes or cancellation requests must be submitted within 24 hours of order placement and are not guaranteed, particularly once production or shipment has begun.
Acknowledgment of Terms:
By placing an order, the customer acknowledges and agrees that these conditions are binding, that they have read and understood Vorteq Carbon’s order, return, exchange, and cancellation policies, and that these terms govern the purchase agreement in its entirety.
SECTION 12 – FORCE MAJEURE
Vorteq Carbon shall not be liable for any failure or delay in performance of any obligation under these Terms caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, supply chain disruptions, raw material shortages, labor strikes or disputes, carrier delays, port congestion, government restrictions or mandates, customs holds, war, civil unrest, cyberattacks, or infrastructure failures.
In such events, Vorteq Carbon will make commercially reasonable efforts to notify affected customers and to resume performance as soon as practicable. Vorteq Carbon assumes no liability for any resulting delays, losses, order changes, or inability to fulfill orders during a force majeure event. If a force majeure event prevents fulfillment for an extended period, Vorteq Carbon reserves the right to cancel affected orders and issue a refund of amounts paid, which shall constitute the customer’s sole remedy in such circumstances.
SECTION 13 – OPTIONAL TOOLS
Vorteq Carbon may provide you with access to third-party tools, software, or resources (“Optional Tools”) that we do not monitor, control, or maintain. You acknowledge and agree that all Optional Tools are provided “as is” and “as available,” without warranties, representations, or endorsements of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Vorteq Carbon shall not be liable for any loss, damage, claim, or liability arising from or related to your use of any Optional Tools.
Any use of Optional Tools is solely at your own risk, and you are responsible for reviewing, understanding, and complying with the terms, policies, and requirements of the relevant third-party provider(s). We may, at our discretion, add, remove, or modify Optional Tools or other features on the website at any time, and any such additions or modifications shall also be governed by these Terms of Service.
SECTION 14 – THIRD-PARTY LINKS
Certain content, products, services, or resources made available through our website may include materials from third parties. Third-party links on this site may direct you to websites, platforms, or services that are not owned, controlled, or affiliated with Vorteq Carbon. We do not review, endorse, guarantee, or make any representations regarding the accuracy, completeness, legality, reliability, or quality of any third-party content, products, or services.
By using any third-party websites, content, or services accessed through our site, you acknowledge and agree that Vorteq Carbon shall not be liable for any loss, injury, claim, damage, or expense of any kind arising from your use of or reliance on such third-party materials. All complaints, claims, or questions regarding third-party products or services must be directed to the applicable third-party provider.
SECTION 15 – USER COMMENTS, FEEDBACK & SUBMISSIONS
Vorteq Carbon may request or receive submissions from you, including but not limited to contest entries, creative ideas, suggestions, proposals, plans, or other materials, whether submitted online, by email, by postal mail, or otherwise (collectively, “Comments”). By submitting any Comments to Vorteq Carbon, you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable right to use, reproduce, modify, publish, distribute, translate, and otherwise exploit such Comments in any medium or format, without obligation of confidentiality, compensation, or response.
You acknowledge and agree that Vorteq Carbon is under no obligation to monitor, edit, or remove any Comments, though we may, in our sole discretion, remove or modify content that we determine to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, harmful, or in violation of any party’s intellectual property rights or these Terms.
You represent and warrant that your Comments do not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other proprietary rights, and do not contain libelous, abusive, obscene, or unlawful material. You are solely responsible for the content, accuracy, and legality of any Comments you submit. Vorteq Carbon assumes no liability for any loss, damage, or claim arising from any Comments posted by you or any third party.
SECTION 16 – PERSONAL INFORMATION
Your submission of personal information through Vorteq Carbon’s website or store is governed by our Privacy Policy, which outlines how we collect, use, store, and protect your information. By using our Services or submitting personal information, you acknowledge and agree to the terms of the Privacy Policy and consent to our collection and use of your information as described therein.
Vorteq Carbon takes commercially reasonable measures to protect your personal information, but you understand and agree that no data transmission or storage system can be guaranteed to be completely secure. To the maximum extent permitted by applicable law, Vorteq Carbon shall not be liable for any unauthorized access to, disclosure, or loss of your personal information, except to the extent required by applicable law. You are responsible for ensuring that any personal information you provide is accurate, complete, and current.
SECTION 17 – INTELLECTUAL PROPERTY
All content available on the Vorteq Carbon website, including but not limited to product listings, descriptions, images, photographs, videos, graphics, logos, branding elements, website design, and written content (collectively, “Content”), is the exclusive property of Vorteq Carbon or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.
You may not copy, reproduce, distribute, modify, republish, upload, transmit, display, or otherwise use any Content from this website for commercial or public purposes without the prior written consent of Vorteq Carbon. Unauthorized use of any Content may result in legal action. Use of this website does not grant you any ownership rights, licenses, or interests in any intellectual property owned or controlled by Vorteq Carbon, except for the limited right to access and use the website for its intended purpose in accordance with these Terms.
SECTION 18 – PROHIBITED USES
In addition to other restrictions set forth in these Terms of Service, you are strictly prohibited from using the Vorteq Carbon website, its Services, or any content therein for any unlawful or unauthorized purpose. This includes, but is not limited to:
(a) Engaging in any illegal activity or soliciting others to do so;
(b) Violating any local, state, federal, or international law, regulation, or ordinance;
(c) Infringing on or violating the intellectual property rights of Vorteq Carbon or any third party;
(d) Harassing, abusing, threatening, defaming, or discriminating against any individual or group based on any protected status;
(e) Submitting false, misleading, or fraudulent information;
(f) Uploading, transmitting, or distributing viruses, malware, or any other code that could harm or disrupt the operation of the Service or any connected systems;
(g) Collecting, tracking, or storing the personal information of others without consent;
(h) Engaging in spamming, phishing, scraping, crawling, pretexting, or other unauthorized data collection methods;
(i) Using the Service for any obscene, immoral, or offensive purpose; or
(j) Attempting to bypass, interfere with, or circumvent any security measures or features of the Service, website, or associated networks.
Vorteq Carbon reserves the right, at our sole discretion, to investigate any suspected violations and to immediately suspend or terminate your access to the Service without prior notice. Any breach of these prohibitions may result in legal action and may subject you to civil or criminal liability to the fullest extent permitted by law.
SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Vorteq Carbon does not guarantee, represent, or warrant that your use of our website, services, or products will be uninterrupted, timely, secure, error-free, or free from defects. All products and services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, or non-infringement.
To the fullest extent permitted by law, Vorteq Carbon and its owners, employees, affiliates, agents, and suppliers shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to the use or inability to use any product or service. This includes, without limitation, vehicle damage, installation errors, improper fitment, mechanical failure, accidents, loss of use, lost profits, or business interruption.
In all cases, Vorteq Carbon’s total aggregate liability to you shall not exceed the amount paid by the customer for the specific product or service giving rise to the claim. Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you to the extent prohibited by applicable law.
SECTION 20 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vorteq Carbon, including our parent companies, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers, from and against any and all claims, demands, actions, damages, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees and court costs, arising out of or related to:
(a) Your breach of these Terms of Service or any policies incorporated herein by reference;
(b) Your violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, or publicity rights;
(c) Your use of the Vorteq Carbon website, Services, or products in a manner not expressly authorized by us; or
(d) Any content, data, or information that you submit, post, or transmit through our Services or website.
Vorteq Carbon will have the right, at our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate fully with us in asserting any available defenses. You shall not settle any claim without our prior written consent. This indemnification obligation shall survive the termination of your account or access to the Services.
SECTION 21 – DISPUTE RESOLUTION & BINDING ARBITRATION
Informal Resolution Required First:
Before initiating arbitration or any legal proceeding, you agree to provide written notice to Vorteq Carbon at support@vorteqcarbon.com describing the nature of the dispute and the relief sought. Vorteq Carbon will have thirty (30) days from receipt of such notice to attempt informal resolution. If the dispute is not resolved within that period, either party may proceed to binding arbitration.
Binding Arbitration:
All disputes, claims, or controversies arising out of or relating to these Terms, your use of the website, or any product or service purchased from Vorteq Carbon shall be resolved exclusively through final and binding arbitration governed by the Federal Arbitration Act (FAA). Arbitration shall be administered by JAMS or the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitration shall take place in Los Angeles County, California, or via remote hearing at Vorteq Carbon’s election.
Small Claims Exception:
Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies under that court’s jurisdictional limits and is brought in the claimant’s individual capacity only.
Class Action Waiver:
You expressly waive any right to bring, join, or participate in any class action, mass arbitration, collective proceeding, or representative action against Vorteq Carbon. All disputes must be brought in your individual capacity only. If this class action waiver is found unenforceable by a court of competent jurisdiction, the entire arbitration agreement shall be null and void, and the dispute shall proceed in court on an individual basis only.
Opt-Out Right:
You may opt out of this arbitration agreement by sending written notice to support@vorteqcarbon.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
Injunctive Relief:
Notwithstanding the foregoing, Vorteq Carbon reserves the right to seek emergency injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or prevent unauthorized use of its website or Services, without waiving the right to arbitrate all other disputes.
SECTION 22 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law principles. You expressly agree that any disputes, claims, or controversies arising out of or related to your use of the Vorteq Carbon website, Services, or products shall be subject to the exclusive jurisdiction of the state and federal courts located within California. By using our website or Services, you consent to the personal jurisdiction of these courts and waive any objections based on venue or inconvenient forum.
SECTION 23 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court or other competent authority, that provision shall be enforced to the maximum extent permitted by applicable law, and the remainder of these Terms shall continue in full force and effect. The invalidity or unenforceability of any specific provision shall not affect the validity, enforceability, or applicability of any other provision. The parties agree to replace any unenforceable provision with a valid provision that most closely approximates the original intent and economic effect of the unenforceable provision.
SECTION 24 – TERMINATION
These Terms of Service remain in effect unless and until terminated by either you or Vorteq Carbon. You may terminate your agreement with Vorteq Carbon at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website. Vorteq Carbon may, at our sole discretion, suspend or terminate your access to the website, Services, or any part thereof at any time, without prior notice, if we determine or reasonably suspect that you have violated, or may violate, any provision of these Terms.
Termination of your access does not relieve you of any obligations, liabilities, or payments incurred prior to the termination date. All rights, obligations, and liabilities that by their nature should survive termination, including but not limited to warranty disclaimers, limitations of liability, indemnification, and payment obligations, shall continue in full force and effect after termination. Vorteq Carbon shall not be liable to you or any third party for suspension or termination of access, and any such action shall not constitute a waiver of any rights or remedies available to Vorteq Carbon.
SECTION 25 – ENTIRE AGREEMENT
The failure of Vorteq Carbon to exercise or enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. These Terms of Service, together with any policies, guidelines, or operating rules posted on the Vorteq Carbon website or incorporated by reference herein, constitute the entire agreement and understanding between you and Vorteq Carbon regarding your use of the website, Services, and products, and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against Vorteq Carbon as the drafting party. You acknowledge that no representations, promises, or statements outside of these Terms and policies create any binding obligation on Vorteq Carbon.
SECTION 26 – CHANGES TO TERMS OF SERVICE
Vorteq Carbon reserves the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service at any time by posting the revised Terms on our website along with an updated effective date. It is your responsibility to review the Terms of Service periodically. Your continued use of or access to the Vorteq Carbon website, Services, or products following the posting of any updates constitutes your explicit acceptance of such changes. If you do not agree to any updated Terms, you must immediately discontinue your use of the website and Services.
SECTION 27 – CALIFORNIA CONSUMER NOTICE
Pursuant to California Civil Code §1789.3, California residents are entitled to the following consumer rights notice: The complaint assistance unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Under California’s Shine the Light Law (Civil Code §1798.83), California residents may request information about whether Vorteq Carbon has disclosed personal information to third parties for direct marketing purposes during the preceding calendar year. To submit such a request, contact us at support@vorteqcarbon.com with the subject line “Shine the Light Request.”
Under the California Consumer Privacy Act (CCPA), California residents have specific rights regarding their personal information, including the right to know, the right to delete, and the right to opt out of the sale of personal information. For full details on how Vorteq Carbon handles personal information and how to exercise your rights, please refer to our Privacy Policy.
SECTION 28 – CONTACT INFORMATION
Questions about the Terms of Service should be directed to: support@vorteqcarbon.com.
