TERMS AND CONDITIONS FOR ONLINE PURCHASES

These Terms and Conditions (the “Agreement”) are entered into between you (the “Customer”) and JBJ Industries, LLC d/b/a Fathouse Performance, Fathouse Fabrications, and Fathouse Fab (“Fathouse”). Customer and Fathouse are each a “Party” and collectively the “Parties.”

WHEREAS, Fathouse sells aftermarket performance parts for motor vehicles, branded as Fathouse or FatFab branded parts (the “Fathouse Parts”); and

WHEREAS, Customer would like to purchase Fathouse Parts for Customer’s personal use.

NOW THEREFORE, in consideration of the foregoing premises, Customer agrees to the following:

  1. Compliance with Agreement. By purchasing Fathouse Parts from this website, Customer explicitly agrees to be bound by the terms of this Agreement.
  1. Return Policy. Customer may return Fathouse Parts that are unused, in the original packaging, and like-new condition, within two (2) weeks from the date of purchase. All shipping charges regarding the return of Fathouse Parts shall be the responsibility of Customer. Customer shall be entitled to a full refund for acceptable returns, minus a restocking free equal to twenty percent (20%) of the price of the Fathouse Part that was returned.
  1. Compliance with Laws and Waiver of Liability. Customer is solely responsible in using the Fathouse Parts in a manner that complies with all applicable laws and regulations. CUSTOMER ACKNOWLEDGES THAT FATHOUSE PARTS ARE PERFORMANCE PARTS AND FATHOUSE SHALL HAVE NO LIABILTY RELATING TO CUSTOMER’S USE OF THE FATHOUSE PARTS. CUSTOMER ACKNOWLEDGES THAT THERE IS AN INHERENT RISK IN OPERATING ANY MOTOR VEHICILE AND CUSTOMER EXPRESSLY RELEASES, WAIVES, AND DISCHARGES FATHOUSE, ITS OFFICERS, EMPLOYEES, AND AGENTS FROM ANY LIABILITY FROM ANY CLAIMS, INCLUDING CLAIMS BASED ON THE FATHOUSE PARTS, RESULTING IN PERSONAL INJURY (INCLUDING DEATH), ACCIDENT, PROPERTY LOSS, VIOLATION OF LAWS (INCLUDING, BUT NOT LIMITED TO COMPLIANCE WITH LAWS REGARDING EMISSIONS), AND DAMAGES, ARISING FROM THE USE OF THE FATHOUSE PARTS IN ANY VEHICLE. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, FATHOUSE FOR ANY DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RESULTING FROM ANY CLAIM BROUGHT BY A THIRD PARTY’S USE OF A VEHICLE IN WHICH FATHOUSE PARTS ARE BEING USED.
  1. LIMITATIONS OF LIABILITY. IN NO EVENT WILL FATHOUSE BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE FATHOUSE PARTS, EVEN IF FATHOUSE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. FATHOUSE’S TOTAL CUMULATIVE LIABILITY ARISING FROM THIS AGREEMENT OR THE FATHOUSE PARTS WILL BE LIMITED TO THE PRICE CUSTOMER ACTUALLY PAID TO FATHOUSE FOR THE FATHOUSE PARTS FROM WHICH THE LIABILITY ARISES. CUSTOMER ACKNOWLEDGES THAT THESE TERMS REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FATHOUSE WOULD NOT AGREE TO SELL THE FATHOUSE PARTS TO THE CUSTOMER WITHOUT THESE LIMITATIONS OF LIABILITY.
  1. USE OF FATHOUSE PARTS. THE FATHOUSE PARTS MAY BE USED SOLELY ON VEHICLES USED IN SANCTIONED COMPETITION AND MAY NEVER BE USED UPON A PUBLIC ROAD OR HIGHWAY, UNLESS PERMITTED BY A SPECIFIC REGULATORY EXEMPTION (VISIT THE “EMISSIONS” PAGE AT HTTP://WWW.SEMASAN.COM/EMISSIONS FOR STATE BY STATE DETAILS).

    LEGAL IN CALIFORNIA ONLY FOR RACING VEHICLES WHICH MAY NEVER BE USED, OR REGISTERED OR LICENSED FOR USE, UPON A HIGHWAY.

    IT IS THE RESPONSIBILITY OF THE INSTALLER AND/OR USER OF THE FATHOUSE PARTS TO ENSURE THAT THE FATHOUSE PARTS ARE USED IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

    THIS POLICY ONLY APPLIES TO INSTALLERS AND/OR USERS WHO ARE LOCATED IN THE UNITED STATES, HOWEVER CUSTOMERS WHO RESIDE IN OTHER COUNTRIES SHOULD ACT IN ACCORDANCE WITH THEIR LOCAL LAWS AND REGULATIONS.
  1. Governing Law and Venue. This Agreement will be interpreted in accordance with the laws of the State of Indiana, without regard to its conflict-of-laws principles that would require the application of the law of a different jurisdiction. Subject to the other provisions of this Agreement, all disputes arising from this Agreement, the Services, or Fathouse Parts, will be heard in a state court of competent jurisdiction in Morgan County, Indiana or the United States District Court for the Southern District of Indiana, as applicable. The prevailing Party in respect to any lawsuit shall be entitled to reasonable attorneys’ fees.
  1. Entire Agreement. This Agreement is the complete and exclusive state of the agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior oral and written proposals, representations, or other communication related to the subject matter in this Agreement. There are no third-party beneficiaries to this Agreement.