Terms of Service for King Performance Motor Club, LLC

Welcome to King Performance Motor Club, LLC (“Company,” “we,” “us,” or “our”).  These Terms of Service (“Terms”) govern your use of our website (“Site”) and any related services provided by the Company.

By accessing or using our Site, you agree to be bound by these Terms and our Privacy Policy.  If you do not agree to these Terms, do not use our Site.

  1. Description of Service

King Performance Motor Club, LLC operates a website that provides information about our business, including but not limited to:

  • Listings of performance automobiles and motorcycles for sale.
  • Information about our vehicle brokering services.
  • A free club for enthusiasts to join, receive newsletters, and information about club events.
  • An events page for club members.

The Site allows users to view items for sale, contact us for purchase inquiries, join the club, and request brokering services.  The Site does not process purchase transactions online at this time.  All purchase agreements and payments are handled offline.

  1. Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use our Site and services, including but not limited to, inquiries related to vehicle purchases or brokering.  By using the Site, you represent and warrant that you meet these eligibility requirements.

  1. Club Membership
  • Membership in the King Performance Motor Club is free.
  • To join, you must provide accurate and complete information as requested in the sign-up form.
  • As a member, you consent to receive weekly newsletters and other communications from us.  You may opt-out of newsletters as described in our Privacy Policy.
  • Membership is required to utilize our brokering services.
  1. Brokering Services
  • Brokering services are available to Club members.
  • You agree to provide accurate information regarding your desired vehicle and price range.
  • A non-refundable search fee of $50 is required to initiate each broker transaction.  This fee will be collected offline after your request is submitted and confirmed by us.
  • If a vehicle is successfully brokered and purchased through us, a flat broker fee of $695 applies.  This fee is in addition to the vehicle’s purchase price and any applicable shipping, taxes, tag, and title fees, which are the sole responsibility of the purchaser.
  • Full details of the brokering service are available on the Brokering Services page of the Site.
  1. Intellectual Property Rights

All content on the Site, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of King Performance Motor Club, LLC or its suppliers or service providers and protected by copyright and other intellectual property laws.  You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or service without express written permission from us.

  1. User Conduct

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site.  You agree not to:

  • Submit false or misleading information.
  • Harass, abuse, or harm another person.
  • Upload or transmit viruses or any other type of malicious code.
  • Attempt to gain unauthorized access to the Site or its related systems or networks.
  1. Accuracy of Information

While we strive to provide accurate and up-to-date information on our Site, including vehicle listings and specifications, we do not warrant that any information is accurate, complete, reliable, current, or error-free.  Vehicle availability is subject to prior sale.  Prices are subject to change without notice.  We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice.

  1. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by King Performance Motor Club, LLC.  We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

  1. Disclaimer of Warranties

THE SITE, OUR SERVICES, AND INVENTORY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  KING PERFORMANCE MOTOR CLUB, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KING PERFORMANCE MOTOR CLUB, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES WILL NOT EXCEED FIFTY U.S. DOLLARS ($50.00).

  1. Indemnification

You agree to defend, indemnify, and hold harmless King Performance Motor Club, LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Site or submitted through the Site or email.

  1. Governing Law, Venue, and Personal Jurisdiction

These Terms, and all disputes and claims arising out of, relating to, or in connection with these Terms, shall be governed by and construed in accordance with the laws of the State of Georgia regardless of the residence or domicile, now or in the future, of any party hereto and notwithstanding any conflicts of laws principles.  The parties to this Agreement consent to exclusive personal jurisdiction and venue in Columbia County, Georgia or the Augusta Division of the U.S. District Court for the Southern District of Georgia and waive any rights they may have to assert jurisdiction or venue in any other forum.  THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT.

  1. Remedies

In the event of the violation or threatened violation by you of any of these Terms, in addition to any other remedy available in law or in equity, Company shall have (i) the right and remedy of specific enforcement, including injunctive relief, without the need for bond or other security, it being acknowledged and agreed that any such violation or threatened violation will cause irreparable injury to Company and that monetary damages will not provide an adequate remedy, and (ii) the right to any and all damages available as a matter of law, and costs and expenses incurred by Company in pursuing its rights under this Agreement, including reasonable attorneys’ fees and other litigation expenses.

  1. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  By continuing to access or use our Site after any revisions are made, you agree to be bound by the revised terms.  You are advised to review this Privacy Policy periodically for any changes.  No amendments or additions to these Terms shall be binding unless made in writing by Company.  In the event of a conflict between these Terms and any other writing, these Terms shall control.

  1. Assignment

These Terms may only be assigned by Company.

  1. Waiver

The waiver by either party of any provision of these Terms shall not operate as, or be construed to be, a waiver of any subsequent breach hereof.

  1. Survivability

Any provision of these Terms that by its terms imposes continuing obligations on you or rights to Company shall survive termination of these Terms for the purpose of enforcement of the obligations and rights in these Terms.

  1. Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and King Performance Motor Club, LLC regarding our Site and services, and supersede and replace any prior agreements we might have had between us regarding the Site. The provisions of these Terms shall be binding upon and inure to the benefit of each of the parties and their respective successors and assigns.

  1. Contact Us

If you have any questions about these Terms, please contact us at: info@kingperformancemotorclub.com