Terms of Use Agreement

Welcome to Off Road Equipment Parts Inc.’s website (the “Website”). By accessing, visiting, browsing, using, or attempting to interact with any part of the Website, you agree that you have read, understand, and agree to be bound by this Terms of Use Agreement (“Agreement”).

 

Off Road reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modification will be effective upon posting to the Website.

 

IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT OR ANY SUBSEQUENT MODIFICATIONS, DO NOT ACCESS, VISIT, BROWSE, USE OR OTHERWISE ATTEMPT TO INTERACT WITH THE WEBSITE.

 

Questions or comments about the Website or its contents should be directed to Off Road, shane@offroadeq.com.

Registration

You are required to register in order to access certain areas and functions of the Website.  When registering, you agree to (i) provide current, accurate, and complete information and (ii) timely update this information, as needed.  You agree to keep your login and password confidential and that you shall be solely responsible for all actions taken under your login and password.  If you have reason to believe that the security of your login or password has been compromised, you must immediately notify Off Road.

Limited License and Access

Off Road grants you a limited license to make personal and non-commercial use only of the Website. Such grant does not include, without limitation: (a) any resale or commercial use of the Website or its content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Website and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Off Road or any third party.  While Website material may be printed, you agree use of such printed materials shall similarly be limited to only personal non-commercial purposes.  Any rights not expressly granted by this Agreement are reserved by Off Road.

Unauthorized Uses

In connection with accessing or using the Website, you agree not to (i) access or attempt to access restricted information, (ii) modify or attempt to modify the content of the Website in any way, (iii) copy, print (except as expressly permitted above), republish, redistribute, or otherwise make available in any form or by any means all of any portion of the Website or the content thereof without the express written permission of Off Road, (iv) engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind, (v) use any device, software or routine, including, but not limited to any computer viruses or other malicious or harmful code, to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website, (vi) take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure, (vii) disclose any information available only to a user with a login and password, including information relating to Off Road’s pricing or stock levels, to any third party, or (ix) use or access the Website in a manner that violates applicable law or the rights of a third party.

 

Any unauthorized use of the Website will terminate the license granted by this Agreement and may also violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.

Copyright

The content, organization, graphics, design, compilation and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  You do not acquire ownership rights to any content, document, or other material viewed through the Website.  Some of the content on the Website may be the copyrighted work of third parties.

Links to the Website

You are granted a limited, non-exclusive right to create a hyperlink to the Website provided such link does not portray Off Road or any of its products in a false, misleading, derogatory or otherwise defamatory manner. You may not use an Off Road logo or other proprietary graphic or trademark of Off Road to link to the Website without the express written permission of Off Road. This limited right may be revoked at any time.

Website Cookies

The Website uses cookies.  Cookies enable you to use shopping carts and to personalize your experience, tells Off Road which parts of Website people have visited, helps Off Road measure the effectiveness of ads and web searches, and provides other insight into user behavior to help improve future communications and products.

Communications from Off Road

You agree that Off Road may contact you by phone, email or other reasonable means for the purposes of conducting regular business.  Unless you contact Off Road to opt-out of future promotional emails, you agree that Off Road may also send you mails for promotional or marketing purposes unrelated to the conduct of regular business.

No Warranty

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.  OFF ROAD DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT AND PRODUCTS ON THE WEBSITE. OFF ROAD DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. OFF ROAD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING OR TEXT. WHILE OFF ROAD ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE WEBSITE IS SAFE, OFF ROAD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK.

Limitation of Liability/Indemnification

In no event shall Off Road be liable for damages or injury of any kind resulting from your use of, access to, or reliance on, or inability to use or access, the Website including, but not limited to, liability for any direct, special, indirect, incidental, consequential or punitive damages arising out of or in any way connected with the Website or the materials contained in or accessed through the Website even if Off Road has been advised of the possibility of such damages.

 

You agree to indemnify and hold Off Road, its employees, officers, directors and agents (“Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, arising from (i) any breach of this Agreement by you, including any use of the Website’s content other than as expressly authorized by the limited license granted herein, and (ii) any activity related to your login, including any negligent or wrongful conduct by you or any other person accessing the Website through your login.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith.  You agree to also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from the Website.

Applicable Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., applicable to agreements made and entirely to be performed within the State of Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Knox County, Tennessee, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.

Termination

Off Road reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website.

Severability

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

User Representations

You represent that you are at least eighteen (18) years of age and possess the legal right and ability to enter into this Agreement.