A.R.E Accessories, LLC, TERMS OF USE Last Modified: May 25th, 2017 Accepting our Terms of Use The terms of use below establish guidelines for your access to and use of 4are.com, including any content, functionality, and services offered on or through 4are.com, whether as a guest or a registered user. Please read the Terms of Use before you start to use 4are.com. By using 4are.com, you accept and agree to be bound to and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you should not access or use 4are.com. 4are.com is offered and available to users who are 18 years of age or older. By using 4are.com, you represent that you are 18 years of age or older, or if you are younger than 18, you are visiting the site under the supervision of a parent or guardian. Changes to the Terms of Use We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of 4are.com afterwards. Your continued use of 4are.com following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding once made. Accessing 4are.com and Account Security We reserve the right to withdraw or amend 4are.com, and any service or material we provide on 4are.com, at our sole discretion without notice. We will not be liable if for any reason all if any part of 4are.com is unavailable at any time or for any period. From time to time, we may limit access to some parts of 4are.com, or the entire 4are.com site, to users, including registered users. To access 4are.com or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of 4are.com that all the information you provide on 4are.com is correct, current, and complete. You agree that all information you provide to register with 4are.com or otherwise, including but not limited to information provided through the use of any interactive features on 4are.com, is governed by our Privacy Policy and you consent to all actions we take with respect to your information, consistent with our Privacy Policy. Any username, password, and any other piece of information that provides access to your account must be treated as confidential. You must not disclose this information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to 4are.com or portions of it using your user name, password, or other security information. Any transaction performed under your user name and password is considered your responsibility. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password, or any other such breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier at our sole discretion for any or no reason, including if, in our opinion, you have violated any aspect of these Terms of Use. Intellectual Property Rights 4are.com and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by A.R.E Accessories, LLC its licensors, or other providers and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use allow you to use 4are.com for your personal, non-commercial use only. You must not reproduce, distribute, alter, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our 4are.com, except as follows:
Trademarks The A.R.E Accessories, LLC name, the terms A.R.E Accessories, LLC, the R logo design and all related names, logos, product and service names, designs, and slogans are trademarks of A.R.E Accessories, LLC or its affiliates or licensors. You may not use such marks without the prior written permission of A.R.E Accessories, LLC. All other names, logos, product and service names, designs, and slogans on 4are.com are the trademarks of their respective owners. Prohibited Uses You may use 4are.com only for lawful purposes and under these Terms of Use. You agree not to use 4are.com:
Additionally, you agree not to:
User Contributions 4are.com may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through 4are.com. All User Contributions must follow the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on 4are.com, you grant us, our affiliates, our service providers, and each of their and our respective licensees, successors, or assigns the royalty-free right to use, reproduce, alter, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not A.R.E Accessories, LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of 4are.com. Monitoring and Enforcement; Termination We have the right to:
We have the right to cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or information of anyone posting any materials on or through 4are.com. You waive and hold harmless A.R.E Accessories, LLC and its affiliates, licensees, and service providers from any claims resulting from any action taken by A.R.E Accessories, LLC or law enforcement. Content Standards These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety follow all applicable federal, state, local, and international laws and regulations. Without limit to the foregoing, User Contributions may not:
Copyright Infringement If you believe that any User Contributions violate your copyright, send us a notice of copyright infringement to Contact Us It is the policy of A.R.E Accessories, LLC to terminate the user accounts of repeat offenders. Reliance on Information Posted 4are.com includes content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials are solely the opinions of the person or entity providing those materials. These materials do not necessarily reflect the opinion of A.R.E Accessories, LLC. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. Changes to 4are.com We regularly update the content on 4are.com, but there may be times when content is not fully complete or up-to-date. Information About You and Your Visits to 4are.com All information we collect on this 4are.com is subject to our Privacy Policy. By using 4are.com, you consent to all actions taken by us with your information in compliance with the Privacy Policy. Online Purchases All purchases through our site or other transactions for the sale of goods or services through 4are.com or resulting from visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of 4are.com. All such terms and conditions are hereby incorporated by this reference into these Terms of Use. Linking to 4are.com and Social Media Features You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 4are.com may provide certain social media features that enable you to:
You may use these features solely as they are provided. You may not:
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion. Links from 4are.com If 4are.com contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Warranties Warranty Claims for Products Sold on 4are.com Each product on our site is backed by a manufacturer's warranty. Although the specific terms of warranties vary from product to product, many of these products are warranted for the life of the vehicle. If you want specific warranty information on a product, please contact our Customer Service Department. A.R.E Accessories, LLC is not responsible for providing warranty or returns, but we will assist with this process with the manufacturer to help you. Product and Pricing Information on 4are.com If a product on 4are.com is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for such product. If your credit card has already been charged for the purchase and your order is cancelled, A.R.E Accessories, LLC will issue a credit to your credit card in the amount of the incorrect price. Your use of 4are.com, its content, and any services or items obtained through 4are.com is at your own risk. They are all provided on an "as is" and "as available" basis, without any warranties expressed or implied. Neither A.R.E Accessories, LLC nor anyone associated with A.R.E Accessories, LLC makes any warranty or representation about the completeness, security, reliability, quality, accuracy, or availability of 4are.com. Neither A.R.E Accessories, LLC nor anyone associated with A.R.E Accessories, LLC warrants that 4are.com, its content, or any services or items obtained through A.R.E Accessories, LLC.com will be accurate, reliable, error-free, or uninterrupted. We do not warrant that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that A.R.E Accessories, LLC.com or any services or items obtained through A.R.E Accessories, LLC.com will otherwise meet your needs or expectations. To the full extent of the law, A.R.E Accessories, LLC hereby disclaims all warranties of kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or 4are.com will be free of viruses or other destructive code. You are responsible for having your own anti-virus protection in place and for maintaining a means external to our site for restoring any lost data. To the full extent of the law, we will not be liable for any loss or damage caused by a distributed denial of service (DDOS) attack, viruses, or other material harmful to technology that may infect your computer's hardware or software or other material you own to your use of 4are.com or any services or items obtained through 4are.com or to your downloading of any material posted on it, or any website linked to it. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Limitation on Liability In no event will A.R.E Accessories, LLC, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, 4are.com, any websites linked to it, any content on 4are.com or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Indemnification You agree to defend, indemnify, and hold harmless A.R.E Accessories, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of 4are.com, including, but not limited to, your User Contributions, any use of 4are.com's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from 4are.com. Governing Law and Jurisdiction All matters relating to 4are.com and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or 4are.com shall be executed exclusively in the federal courts of the United States or the state or county courts that govern the State of Michigan. We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Waiver and Severability No waiver by A.R.E Accessories, LLC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of A.R.E Accessories, LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire Agreement This Terms of Use, our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and A.R.E Accessories, LLC regarding 4are.com and replace all prior and concurrent understandings, agreements, representations, and warranties, both written and oral, regarding 4are.com. Your Comments and Concerns 4are.com is operated by A.R.E Accessories, LLC which is located at: 400 Nave Rd. PO Box 1100 Massillon, OH 44648 All notices of copyright infringement claims should be sent to Contact Us. All other feedback, comments, requests for technical support, and other communications relating to extang.com should be directed to: Contact Us. |