TERMS & CONDITIONS

AGM Performance LLC
6340 S Carroll Park Dr, Suite 200
Sykesville, Maryland 21784
Email: manuel@agmperf.com
Phone: (240) 866-0676

Last Updated: September 15, 2026

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

1. ACCEPTANCE OF THESE TERMS

These Terms & Conditions ("Terms") govern your access to and use of the AGM Performance LLC website, including AGMPerf.com (the "Website"), and your purchase or use of products and services offered by AGM Performance LLC ("AGM Performance," "AGM," "we," "us," or "our").

By accessing or using the Website, creating an account, submitting an order, purchasing a product or service, or otherwise conducting business with AGM Performance through the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated into them by reference, including our Return & Refund Policy, Shipping Policy, and Privacy Policy.

If you do not agree to these Terms, you should not use the Website or place an order through the Website.

You must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater, to place an order through the Website.

2. ABOUT AGM PERFORMANCE

AGM Performance LLC is a Maryland automotive performance business that sells aftermarket automotive parts, performance products, replacement components, automotive fluids, accessories, and related products manufactured by third-party brands.

AGM Performance is an authorized reseller of various manufacturers and brands. References to third-party brands, manufacturers, product names, trademarks, vehicle manufacturers, vehicle models, and related intellectual property are for identification, compatibility, and informational purposes.

Unless expressly stated otherwise, AGM Performance does not manufacture the third-party products offered through the Website.

3. PRODUCT INFORMATION

We make reasonable efforts to provide accurate product descriptions, specifications, photographs, pricing, compatibility information, manufacturer information, and other Website content.

However, manufacturers may change product specifications, designs, packaging, components, applications, instructions, certifications, or other characteristics without notice.

Product photographs may be representative. Actual products, packaging, finishes, colors, hardware, or other characteristics may vary.

To the fullest extent permitted by applicable law, AGM Performance does not warrant that every product description, photograph, specification, price, inventory status, compatibility listing, or other Website statement will be error-free, complete, or current.

AGM reserves the right to correct errors, inaccuracies, and omissions at any time.

4. VEHICLE FITMENT AND COMPATIBILITY

Automotive parts are frequently vehicle-, engine-, transmission-, trim-, drivetrain-, model-year-, calibration-, and modification-specific.

The customer is responsible for verifying product compatibility with the customer's specific vehicle before installation.

Vehicle-selection tools, manufacturer application data, Website fitment information, recommendations, customer-service communications, and other compatibility information are intended to assist customers but do not replace appropriate verification by the customer or a qualified automotive professional.

Some products may require additional components, modifications, fabrication, tuning, programming, calibration, professional installation, or other work not included with the product.

If you are uncertain whether a product is appropriate for your vehicle, contact AGM Performance before purchasing or installing the product.

5. PERFORMANCE MODIFICATIONS AND ASSUMPTION OF RISK

Automotive modification involves inherent risks.

Performance products can change a vehicle's horsepower, torque, acceleration, braking, suspension characteristics, handling, traction, noise, heat generation, fuel requirements, emissions characteristics, reliability, drivetrain loading, and other operating characteristics.

Certain modifications may increase wear or stress on engines, transmissions, drivetrains, suspension systems, brakes, tires, and other vehicle components.

Improper selection, installation, calibration, maintenance, or use of an automotive product can result in product failure, vehicle damage, loss of vehicle control, property damage, bodily injury, or death.

Customers are responsible for ensuring that products are properly selected, installed, calibrated, maintained, and operated.

AGM strongly recommends professional installation when appropriate and compliance with all manufacturer installation instructions, specifications, torque requirements, maintenance procedures, and safety warnings.

To the fullest extent permitted by applicable law, customers assume the risks inherent in modifying and operating modified vehicles, except to the extent a loss results from conduct for which liability cannot lawfully be excluded.

6. EMISSIONS, OFF-ROAD, AND COMPETITION PRODUCTS

AGM Performance supports compliance with applicable federal, state, and local vehicle and emissions laws.

Certain automotive performance products may be subject to restrictions concerning their installation or use on emissions-controlled vehicles or vehicles operated on public roads.

Products identified as "Race Use Only," "Competition Use Only," "Off-Road Use Only," "Not Legal for Street Use," or with similar restrictions are sold subject to those restrictions and may not be lawful for use on registered motor vehicles or public roads.

A customer's purchase of a product does not authorize its installation or use in violation of applicable law.

Customers are responsible for using products only in lawful applications and for determining whether a particular product and application comply with applicable federal, state, and local requirements.

AGM does not authorize, encourage, or condone tampering with required emissions-control equipment or the unlawful installation or use of any product.

Products represented as having an emissions certification, exemption, CARB Executive Order, tested application, or similar compliance status may be subject to vehicle-specific, engine-specific, model-year-specific, jurisdiction-specific, or other limitations. Such products must be used only within the applications and conditions covered by the applicable documentation.

The availability of a product through the Website does not constitute a representation that the product is lawful for every vehicle, application, jurisdiction, or intended use.

AGM reserves the right, without liability to the customer except for any refund required by applicable law, to refuse, restrict, hold, or cancel an order if AGM reasonably believes that fulfillment may violate applicable law, regulatory requirements, manufacturer restrictions, or AGM's compliance policies.

Nothing in these Terms is intended to authorize conduct prohibited by the federal Clean Air Act or any other applicable law, or to waive or transfer any obligation that applicable law places directly upon AGM Performance.

7. ORDERS AND ORDER ACCEPTANCE

Submitting an order through the Website constitutes an offer to purchase the products identified in the order.

An automated order confirmation acknowledges receipt of your order but does not necessarily constitute AGM's final acceptance of the order.

AGM reserves the right to accept, decline, limit, hold, or cancel an order before shipment where reasonably necessary, including because of:

inventory or availability issues;
pricing, description, or Website errors;
suspected fraud or unauthorized payment activity;
payment authorization problems;
unusually large quantities or suspected unauthorized resale activity;
manufacturer restrictions;
geographic or shipping restrictions;
regulatory or legal requirements;
suspected misuse of promotions or discounts;
product discontinuation; or
circumstances beyond AGM's reasonable control.

If AGM cancels an order after payment has been captured, AGM will refund the amount paid for the canceled portion of the order, subject to applicable law.

AGM may establish quantity limits on individual products or orders.

8. PRICING AND ERRORS

All prices displayed on the Website are in U.S. dollars unless otherwise stated.

AGM attempts to maintain accurate pricing but errors may occur.

If a product is listed at an incorrect price because of a typographical, technical, supplier, manufacturer, data-feed, or other error, AGM reserves the right, to the extent permitted by law, to correct the error and cancel the affected order.

AGM is not required to honor an obviously erroneous price where applicable law permits cancellation.

Prices, promotions, discounts, rebates, availability, and product offerings may change without notice.

9. PAYMENT

AGM accepts payment through payment methods made available during checkout, which may include Shopify Payments, Shop Pay, major payment cards, and other approved payment services.

You represent that you are authorized to use the payment method submitted with your order and authorize the applicable charges associated with your purchase.

AGM may use third-party payment processors. Your use of a third-party payment service may also be subject to that provider's terms and privacy practices.

10. AFFIRM, SHOP PAY INSTALLMENTS, AND FINANCING

AGM may make financing or installment-payment options available through third-party providers, including Affirm and Shop Pay Installments.

Financing eligibility, approval, credit decisions, interest rates, payment schedules, late-payment consequences, disclosures, and financing terms are determined by the applicable financing provider and not by AGM Performance.

AGM does not guarantee financing approval.

A customer's financing agreement with a third-party financing provider is separate from these Terms, although the underlying purchase from AGM remains subject to AGM's applicable sales, shipping, return, and other policies.

11. TAXES

Customers are responsible for applicable sales, use, excise, or other taxes associated with their purchases unless applicable law provides otherwise.

Taxes may be calculated and collected at checkout based on the information available to AGM and its ecommerce or tax-service providers.

12. SHIPPING AND DELIVERY

Orders are shipped according to AGM's Shipping Policy and the shipping method selected or otherwise applicable to the order.

Processing time and carrier transit time are separate.

Delivery estimates are estimates unless AGM expressly guarantees a particular delivery date.

AGM may use third-party carriers and may ship an order in multiple packages or from multiple locations.

Customers are responsible for providing a complete and accurate delivery address.

Additional terms concerning delayed, damaged, lost, refused, or incorrectly addressed shipments will be governed by AGM's Shipping Policy and applicable law.

Nothing in these Terms limits any shipping, delay-notice, cancellation, or refund right that applicable law provides to a consumer.

13. RETURNS AND REFUNDS

Unless a product is subject to a different disclosed return restriction, customers must initiate an eligible return within fifteen (15) days in accordance with AGM's Return & Refund Policy.

Products must generally be returned in new, resalable condition, including applicable packaging, components, accessories, manuals, and other materials supplied with the product.

Opened products may, where permitted by law and disclosed under AGM's Return & Refund Policy, be subject to a restocking fee of up to twenty percent (20%) at AGM's discretion, based upon the condition and resaleability of the returned product.

Certain products may be nonreturnable because of their nature, condition, customization, electronic characteristics, regulatory restrictions, manufacturer restrictions, installation, use, or other circumstances identified in AGM's Return & Refund Policy.

AGM will inspect returned merchandise after receipt.

Approved refunds will generally be processed by AGM within forty-eight (48) hours after the returned merchandise is received and inspected, although the customer's bank, payment processor, financing provider, or card issuer may require additional time to post the refund.

Refunds will ordinarily be issued to the original payment method unless otherwise required by law or agreed by AGM.

AGM's separate Return & Refund Policy is incorporated into these Terms by reference.

14. INSTALLED, USED, AND ALTERED PRODUCTS

Except in connection with an applicable warranty or as otherwise required by law, products that have been installed, used, modified, damaged, contaminated, programmed, flashed, altered, or otherwise rendered nonresalable may not qualify for a standard return.

Installation of a product can materially change its condition and may make it impossible for AGM to resell the product as new.

Customers should therefore inspect products and confirm part numbers and apparent compatibility before installation.

15. MANUFACTURER WARRANTIES

Unless AGM expressly provides a separate written AGM warranty, products sold by AGM are subject to the warranty, if any, provided by the applicable manufacturer.

AGM Performance does not independently extend, enlarge, or modify a manufacturer's warranty unless AGM expressly agrees to do so in writing.

Manufacturer warranty coverage, exclusions, claim procedures, duration, and remedies vary by manufacturer and product.

Warranty information can be provided upon request when available.

AGM may assist customers with manufacturer warranty claims when appropriate, but the manufacturer may retain final authority concerning warranty eligibility and the remedy provided.

Installation, racing, competition use, abuse, misuse, improper maintenance, improper calibration, modification, overheating, overboosting, improper fluids, or other circumstances may affect warranty coverage depending upon the manufacturer's terms.

Nothing in this section eliminates warranties or consumer rights that cannot legally be disclaimed.

16. VEHICLE MANUFACTURER WARRANTY

Aftermarket modifications may affect coverage under a vehicle or component manufacturer's warranty depending upon the modification, the claimed failure, applicable warranty terms, and applicable law.

AGM does not represent or guarantee that installation of any aftermarket product will have no effect on a vehicle manufacturer's warranty.

Customers should review applicable vehicle and product warranty terms before modifying their vehicles.

17. PROFESSIONAL INSTALLATION

Some products require specialized knowledge, tools, programming, fabrication, calibration, or professional installation.

Unless expressly stated otherwise, purchasing a product from AGM does not include installation.

AGM is not responsible for the acts or omissions of independent installers or repair facilities selected by the customer.

Where AGM separately performs installation or automotive services, those services may be subject to additional estimates, repair orders, authorizations, warranties, disclaimers, or service terms.

18. THIRD-PARTY MANUFACTURERS AND BRANDS

AGM sells products manufactured by third parties.

Manufacturer names, vehicle manufacturer names, trademarks, logos, part numbers, and other brand identifiers remain the property of their respective owners.

Unless expressly stated otherwise, references to a vehicle manufacturer do not imply sponsorship, approval, affiliation, or endorsement by that vehicle manufacturer.

Manufacturer specifications, warranty terms, compliance representations, instructions, and product information remain subject to the applicable manufacturer's terms and documentation.

19. REVIEWS AND USER CONTENT

The Website may permit customers to submit reviews, photographs, comments, questions, feedback, or other content.

You represent that content you submit is truthful, based on your genuine experience where applicable, and does not violate another person's intellectual-property, privacy, publicity, or other rights.

You may not submit fraudulent, deceptive, defamatory, threatening, unlawful, infringing, obscene, or malicious content.

Subject to applicable law and our Privacy Policy, by voluntarily submitting content for publication, you grant AGM a nonexclusive, worldwide, royalty-free license to reproduce, display, distribute, and use that content in connection with AGM's business and marketing.

AGM reserves the right to moderate or remove content as permitted by applicable law, but AGM does not undertake an obligation to monitor every submission.

AGM does not represent that customer reviews or other third-party statements constitute AGM's own representations regarding a product.

20. PROMOTIONS, DISCOUNTS, AND COUPONS

Promotional offers may be subject to additional terms, expiration dates, product exclusions, manufacturer restrictions, minimum-purchase requirements, quantity limitations, or other conditions.

Unless otherwise stated, discounts cannot be applied retroactively to completed purchases.

AGM may refuse or cancel improperly obtained, duplicated, manipulated, fraudulent, or otherwise unauthorized promotional benefits.

21. WEBSITE ACCOUNTS

Customers may be permitted to create Website accounts.

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.

You agree to provide accurate information and promptly update information that becomes inaccurate.

Notify AGM promptly if you reasonably believe your account has been accessed without authorization.

AGM may suspend or terminate accounts associated with fraud, abuse, unlawful activity, violations of these Terms, or threats to the security or operation of the Website.

22. PROHIBITED USE

You may not use the Website:

for unlawful or fraudulent purposes;
to violate another person's intellectual-property or privacy rights;
to interfere with Website security or operation;
to introduce malicious code;
to scrape or systematically extract Website content in violation of applicable law or AGM's rights;
to impersonate another person;
to make fraudulent purchases;
to misuse promotions, payment methods, chargebacks, or customer accounts; or
to facilitate conduct prohibited by applicable law.

AGM may restrict access to the Website when reasonably necessary to protect AGM, its customers, its systems, or third parties.

23. FRAUD AND CHARGEBACKS

Customers should contact AGM promptly regarding order or billing disputes so AGM has an opportunity to investigate and resolve legitimate concerns.

Nothing in these Terms prevents a consumer from exercising lawful rights through a credit-card issuer, financing provider, payment processor, or applicable consumer-protection law.

AGM reserves the right to contest fraudulent, abusive, or improper chargebacks and to provide transaction records, shipment information, customer communications, acceptance records, and other relevant evidence to payment processors, financial institutions, or other appropriate parties.

AGM may decline future transactions associated with documented fraud or payment abuse.

24. WEBSITE AVAILABILITY

AGM attempts to maintain a reliable Website but does not guarantee uninterrupted or error-free access.

The Website may become unavailable because of maintenance, technical problems, cyber incidents, third-party service failures, internet outages, or circumstances beyond AGM's control.

AGM may modify, suspend, discontinue, or restrict portions of the Website when reasonably necessary.

25. THIRD-PARTY SERVICES AND LINKS

The Website may contain integrations, applications, financing services, payment services, shipping services, links, or other functionality operated by third parties.

AGM does not control third-party websites or services and is not responsible for their independent content, availability, security, terms, or privacy practices.

Your use of third-party services may be governed by separate agreements between you and those providers.

26. INTELLECTUAL PROPERTY

Except for third-party material, the Website and its original text, graphics, photographs, logos, designs, layout, software, and other content are owned by or licensed to AGM Performance and are protected by applicable intellectual-property laws.

No Website content may be copied, reproduced, republished, distributed, modified, exploited commercially, or used to create derivative works except as authorized by AGM or applicable law.

Nothing in these Terms transfers ownership of AGM's intellectual property to any Website user.

27. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN WRITING BY AGM OR RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED, AGM DISCLAIMS IMPLIED WARRANTIES CONCERNING THE WEBSITE AND PRODUCTS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

THIRD-PARTY PRODUCTS MAY BE COVERED BY SEPARATE MANUFACTURER WARRANTIES.

SOME STATES DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU.

28. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AGM PERFORMANCE LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE WEBSITE OR A PRODUCT PURCHASE, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF USE, OR LOSS OF DATA, WHERE SUCH DAMAGES MAY LAWFULLY BE EXCLUDED.

AGM WILL NOT BE RESPONSIBLE FOR DAMAGE CAUSED BY IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, MISUSE, ABUSE, UNAUTHORIZED MODIFICATION, IMPROPER TUNING OR CALIBRATION, FAILURE TO FOLLOW MANUFACTURER INSTRUCTIONS, OR UNLAWFUL USE, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE EXCLUDED.

TO THE FULLEST EXTENT PERMITTED BY LAW, AGM'S AGGREGATE LIABILITY ARISING FROM A PARTICULAR PRODUCT TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO AGM FOR THE PRODUCT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT AGM TO EXCLUDE OR LIMIT.

Because consumer-protection and liability laws vary among states, customers may have rights that differ from or supplement these Terms.

29. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless AGM Performance LLC and its members, officers, employees, and agents from third-party claims, liabilities, losses, damages, and reasonable costs arising from your:

(a) unlawful use of the Website or a product;

(b) material violation of these Terms;

(d) infringement of a third party's rights through content you submit; or

(e) fraudulent or intentionally wrongful conduct.

This provision does not require a consumer to indemnify AGM for AGM's own negligence, willful misconduct, violation of law, or other liability that cannot lawfully be transferred to the consumer.

30. GOVERNING LAW

These Terms and transactions with AGM Performance LLC will be governed by the laws of the State of Maryland, without regard to conflict-of-law principles, except where federal law applies or applicable consumer law requires otherwise.

31. DISPUTES AND VENUE

Before filing a lawsuit concerning a transaction, you and AGM agree to make a reasonable good-faith effort to resolve the dispute directly.

Customers may contact AGM at manuel@agmperf.com.

To the extent permitted by applicable law, any court proceeding arising from or relating to these Terms or a transaction with AGM Performance will be brought in an appropriate state or federal court having jurisdiction over Carroll County, Maryland, and the parties consent to the jurisdiction and venue of those courts.

Nothing in this section prevents either party from pursuing a claim in an appropriate small-claims court or exercising a right or remedy that applicable law does not permit these Terms to restrict.

32. SEVERABILITY

If a provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed where necessary, and the remaining provisions will continue in effect.

33. NO WAIVER

AGM's failure to enforce a provision of these Terms on one occasion does not constitute a waiver of AGM's right to enforce that provision or another provision later.

34. ENTIRE AGREEMENT

These Terms, together with AGM's Return & Refund Policy, Shipping Policy, Privacy Policy, product-specific restrictions, and any additional terms expressly presented and accepted in connection with a particular transaction, constitute the applicable agreement concerning use of the Website and purchases through the Website.

35. CHANGES TO THESE TERMS

AGM may update these Terms from time to time.

The revised Terms will identify an updated effective or "Last Updated" date.

Changes will apply prospectively except where applicable law permits otherwise.

For a completed purchase, the version of the Terms applicable when the customer placed the order will generally govern that transaction unless applicable law requires otherwise.

AGM should retain prior versions of these Terms for its records.

36. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

AGM Performance LLC
6340 S Carroll Park Dr, Suite 200
Sykesville, MD 21784
Email: manuel@agmperf.com
Phone: (240) 866-0676

CHECKOUT ACCEPTANCE

AGM Performance should display the following statement conspicuously at or immediately before the customer submits an order:

"By placing your order, you acknowledge that you have read and agree to AGM Performance LLC's Terms & Conditions and Return & Refund Policy."

The words "Terms & Conditions" and "Return & Refund Policy" should link directly to the applicable policies.

AGM should maintain records sufficient to identify the version of the Terms and policies presented in connection with a transaction.