Legal Notices and Disclaimers

 

Welcome to the Expert Offroad, Inc.’s Website. By using the Expert Offroad, Inc.’s Website, YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES AND DISCLAIMERS, CONDITIONS OF USE AND SALE, PRIVACY POLICY, and all disclaimers, terms and conditions that appear elsewhere on the Expert Offroad, Inc.’s Website.

Right to Download

You may only download Content displayed on the Expert Offroad, Inc.’s Website for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of the Expert Offroad, Inc.’s Website including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Expert Offroad, Inc. It is strictly prohibited to download the images of the products for sale within this Website.

Proprietary Rights

All content included on or comprising the Expert Offroad, Inc.’s Website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Expert Offroad, Inc. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

The Expert Offroad, Inc.’s logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Expert Offroad, Inc. and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

By using the Expert Offroad, Inc.’s Website, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to Expert Offroad, Inc. or any other third party using the Expert Offroad, Inc.’s Website is non-confidential. By submitting any solicited or unsolicited information using the Expert Offroad, Inc.’s Website, you grant Expert Offroad, Inc. an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Venue and Applicable Law

The Expert Offroad, Inc.’s Website is created, operated and controlled by Expert Offroad, Inc. in the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of San Diego County, California including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of California will also govern the Legal Notices and Disclaimers and Privacy Policy without giving effect to any principles or conflicts of laws.

Links to Third-Party Websites

The Expert Offroad, Inc.’s Website contains links to other Websites operated by third-parties, including but not limited to third-party Websites that display the Expert Offroad, Inc.’s trademarks (“Third-Party Website(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Websites and for no other purpose.

Expert Offroad, Inc. does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on the Expert Offroad, Inc.’s Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. Expert Offroad, Inc. makes no representation or warranty as to any products or services offered on any Third-Party Website.

The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Conditions of Use and Legal Notices that apply to your use of the Expert Offroad, Inc.’s Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.

Privacy

Please review Expert Offroad, Inc.’s Privacy Policy HERE for information on the privacy practices of the Expert Offroad, Inc.’s Website.

Terms of Use and Conditions of Sale

Please review Expert Offroad, Inc.’s Terms of Use and Conditions of Sale HERE governing your use of this Website and the sale of products and services at this Website.

Security

If you use this Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

The Expert Offroad, Inc.’s Website may only be used for lawful purposes. Activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.

Users are prohibited from violating or attempting to violate the security of the Expert Offroad, Inc.’s Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using the Website for unintended purposes or trying to change the behavior of the Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Website (impersonating the Expert Offroad, Inc.’s Website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Expert Offroad, Inc., including promotions and/or advertising of products or services, is expressly prohibited.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Expert Offroad, Inc.’s Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Expert Offroad, Inc.’s Website other than the search engine and search agents provided by Expert Offroad, Inc. or generally publicly available browsers.

Termination of Use

Expert Offroad, Inc. may in its sole discretion terminate your account or your use of the Expert Offroad, Inc.’s Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Expert Offroad, Inc. reserves the right to change, suspend, or discontinue all or any aspects of the Expert Offroad, Inc.’s Website at any time without prior notice.

Limitation of Liability

By using the Expert Offroad, Inc.’s Website, you expressly agree that use of the Expert Offroad, Inc.’s Website is at your sole risk. The Expert Offroad, Inc.’s Website is provided on an “AS IS” and “as available” basis. Neither Expert Offroad, Inc. nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Expert Offroad, Inc.’s Website will be uninterrupted or error-free. Neither Expert Offroad, Inc. nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Expert Offroad, Inc.’s Website or the products or services offered for sale on the Expert Offroad, Inc.’s Website. Further, Expert Offroad, Inc. makes no representation that content provided on the Expert Offroad, Inc.’s Website is applicable to, or appropriate for use in, locations outside of the United States. Expert Offroad, Inc. and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Expert Offroad, Inc. or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Expert Offroad, Inc. or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Expert Offroad, Inc.’s Website, including but not limited to reliance by you on any information obtained from the Expert Offroad, Inc.’s Website that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of Expert Offroad, Inc. has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, its personal and financial data stored at Expert Offroad, Inc., merchandise and services available through the Expert Offroad, Inc.’s Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Expert Offroad, Inc. reserves the right to make changes to the Expert Offroad, Inc.’s Website and its CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY at any time. Each time you use the Expert Offroad, Inc.’s Website, you must visit and review the then current CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY that apply to your transactions and use of this Website. If you are dissatisfied with the Expert Offroad, Inc.’s Website, its content or CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the Expert Offroad, Inc.’s Website.

Tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.

Contact Information of Expert Offroad, Inc.’s Website

You may contact us HERE.

Last Revision Date

June 15, 2004