TERMS OF USE EFFECTIVE: DECEMBER 1, 2020
Moto-Va-Tir[e], LLC (“Company”) Web Site General Terms of Use
Moto-Va-Tir[e], LLC (“Company”) owns and operates this Company Web Site (“Site”). The Site includes material, items, logos, trademarks, features, text, software, photos, videos, graphics, music, sound, data, project organization and management processes information, evaluation data and results, and information (“Material”) in its content that are the subject of trademark, copyright, patent or other proprietary protection. Further, certain Materials in this Site are the property of third parties, who have authorized Company to distribute and use these Materials within this Site. All rights, title and/or interests in and to such Materials, including all associated proprietary rights, are held by and shall remain with Company. You, the individual, whether as a sole individual or acting on behalf of an entity, that accesses, views and or uses the Site acknowledge that you do not acquire any ownership rights in, nor do you acquire any license to any rights, either expressed or implied, to the Materials by accessing and using this Site. Company specifically reserves all rights not expressly authorized under these Terms of Use, and you are only authorized to use this Site and the Materials as outlined herein. Company has the right, at any time and without notice, to change or discontinue this Site or any aspect or feature of this Site, including without limitation, the content, hours of availability, and the equipment needed for access or use of this Site, and any service or product offered at this Site, without liability and the terms recited in this Terms of Use and the Privacy Practice Statement. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Practice Statement, you must immediately log off the Site and may not use, in any manner or in any way, the Site. Additionally, contents on this Site may contain typographical errors, inaccuracies, omissions in relation to products, services, pricing, locations, descriptions, information, and other matters. Company reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information and content in the Site at any time and without notice. If Company discovers any pricing errors or product and/or service errors, those errors will be promptly corrected, at any time and without notice, on this Site and on any related agreement, and the corrected price or product and/or service will be immediately effective on the date associated with the update or change. The user acknowledges that this Site is related to the provision of products that are for motorsports participants and in particular, motorcycle tools for changing tires, and other products, now or in the future, that facilitate the motorsport industry suite of tools.
Restrictions on Use (As Applicable)
You shall use the Company Site for lawful purposes only. You shall not post or transmit on this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Company’s express prior written approval, you shall not post or transmit through this Site any material which contains advertising or any solicitation with respect to products or services. You shall not use this Site to advertise or perform any commercial solicitation, including without limitation, the solicitation of users to become subscribers of other on-line information services, users of any platform services or products and/or services competitive with this Site. Any conduct by you that in Company’s discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site.
Subject to the copyright and trademark use authorizations below, since this Site contains Materials that are the subject of copyright, trademark and other proprietary protection, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Materials, in whole or in part, or this Site, in whole or in part, external to you. You may download the Materials for your internal use only on a single computer or you may network the Materials only on your internal intranet, which is owned, leased or solely controlled by you. Except as otherwise expressly permitted under statutory proprietary law or under these Terms of Use, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded Materials will be permitted without the express written permission of Company and/or the third-party owner. In the event of any permitted copying, redistribution or publication of the Materials, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made, and the integrity of the Material and this Site shall be preserved.
You shall not upload, post or otherwise make available on this Site any item protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any item is not protected by such proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such availability. By providing items to any public area of this Site, you automatically grant, or warrant that the owner of such item has expressly granted to you, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, in any manner, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of this Site to access, view, store or reproduce the item for that user’s personal use on a single computer. You grant Company the right to edit, copy display, publish and distribute any item made available on this Site by you.
Further, you, as a visitor or user of the Site, shall not:
•violate any applicable law or regulation;
•upload, post, use, transmit, or otherwise make available, including by email, (each, a “Post”) any content or information that is false or inaccurate;
•post any content that is unlawful, illegal, stalking, harmful, violent, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, sexual in nature, obscene, libelous, false, invasive of another's privacy or publicity rights, or content that could otherwise be considered to be objectionable in Company’s sole judgment;
•impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization or engage in any actions that includes personal or identifying information about any individual included in the contents of this Site;
•engage in any activities or manipulate identifying material to misrepresent the origin of content;
•post any content that is subject to any disclosure restrictions;
•post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
•post any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
•use the Site to disseminate any information or content, including by email, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable or hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability or religion;
•post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment or any other devices;
•interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
•disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
•disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
•use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Company’s prior, express, and written permission; or
•use the Site for commercial purposes, which includes marketing, solicitation or promotion except as otherwise allowed herein or in valid agreements with Company.
The foregoing provisions of this Section are for the benefit of Company, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions, directly, against you or on its own behalf. You acknowledge that Company, its parent, its subsidiaries, affiliates and third-party content providers and licensors assume no responsibility or liability for your actions or activities that are inconsistent with the restricted uses recited herein.
Disclaimer of Warranty/Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND THE CONTENTS THEREIN, ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR FREE; NOR IS ANY WARRANTY PROVIDED AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, AND THE CONTENTS THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THIS SITE OR THAT THIS SITE IS FREE FROM ANY CLAIMS OF INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY WARRANTY.
B. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE AND THE CONTENTS HEREIN. THE INFORMATION OR CONTENTS OF THIS SITE SHOULD BE USED BY YOU ONLY AS AN INFORMATIONAL SOURCE AND SHOULD NOT SERVE AS THE SOLE FACTOR IN OR BASIS FOR ANY DECISION, INFORMATION OR CONTENTS. THE INFORMATION OR CONTENTS OF THIS SITE ARE INTENDED TO SOLELY PROVIDE GENERAL GUIDANCE ON MATTERS OF INTEREST FOR YOUR USE AND YOU ACCEPT FULL RESPONSIBILITY FOR ITS USE. WHILE EVERY EFFORT IS MADE TO ENSURE THE CORRECTNESS AND COMPLETENESS OF THE INFORMATION OR CONTENTS CONTAINED HEREIN, YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROMISE OR GUARANTEE THAT THE INFORMATION OR CONTENT CONTAINED HEREIN IS CORRECT, COMPLETE, OR ACCURATE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE CONTENTS OF THIS SITE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR SERVICES OFFERED HEREIN. ANY APPLICABLE PRODUCT OR SERVICE WARRANTIES THAT ACCOMPANY THE PRODUCT AND/OR SERVICE ARE RECITED IN A SEPARATE AGREEMENT AND UNDERSTANDING, WHICH WILL BE SUBJECT TO ACCEPTANCE BY YOU PRIOR TO YOUR USE OF THE PRODUCT AND/OR SERVICE.
C. IN NO EVENT WILL COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS REGARDING THE USE OF THE CONTENTS OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Under no circumstances whatsoever shall Company’s aggregate liability resulting from or relating to your access and use of the Site exceed One Hundred Dollars ($100.00).
D. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM MY VIOLATION OF THESE TERMS OF USE. YOU ALSO AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THIS SITE OR SITE CONTENTS IN BREACH OF THESE TERMS OF USE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
Term/Obligations Upon Termination
Your right to use any part of this Site may be subject to immediate termination by Company if your use of this Site is inconsistent with the Terms of Use recited herein or if you misappropriate, misuse or infringe any of the Materials and/or the associated proprietary interests or rights of Company or any third party. Notwithstanding the foregoing, Company may block, restrict, disable, suspend or terminate your access to or use of this Site, in whole or in part, without prior notice or without liability to you. You are free to discontinue your use of this Site at any time. All Material is and shall remain the sole and exclusive property of Company. Your right to use such Material is only authorized for the purposes stated herein, and you may store the Material during your continued and uninterrupted use of this Site; however, you may not store for future use such Material beyond your termination of access and use of this Site, nor may you develop a library of such Material during your use of this Site or after your termination of use of this Site.
Site Applicable Related Terms
These Terms of Use incorporate by reference the following terms and/or statements:
Privacy Practice Statement (you must agree to the Privacy Practice Statement to continue access and use of this Site)
TRADEMARK USE TERMS
Company Trademark Use Authorization
Company trademarks, service marks, certification marks, logos and/or trade names (collectively, marks) identify Company products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our written permission, provided you follow standard trademark usage practices and provide proper attribution. Further, any other use of the marks shall be subject to express written authorizations under accepted agreement terms. In the event you wish to use the marks for linking, please refer to Company’s Permission to Link Terms.
You May Not Use Company Marks, Whether Design or Word Marks, in the Following Ways:
· in a non-Company product or service name or publication title; or
· in, in combination with, as, or as part of your own or third-party trademarks, servicemarks, logos or trade names; or
· to identify non-Company products or services; or
· in a manner likely to cause confusion; or
· in a manner that implies inaccurately that Company sponsors, endorses, or are otherwise is connected with your own activities, products, and services; or
· in a manner that distorts, changes, dilutes or modifies the marks so as to affect its registered U.S. and international trademark status or in a manner detrimental to the enforcement of U.S. and international trademark protections; or
· in a manner that disparages or adversely impacts Company or any of its parent, subsidiary, affiliate, associate or related business entities, or any of its directors, officers, employees or agents thereof, or its Site, products or services.
Your use of any marks constitutes your acceptance of the terms of this authorization. Company disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the marks and their use, and the marks are provided “AS IS.” Further, Company reserves the right, for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein. Any other uses require written permission from Company. Please make such requests by contacting Company as specified in this Site. Company will evaluate your request as soon as possible.
In the event any other trademarks appear on this Site that are not Company marks, you have no authorization to use, in any manner, or link to such marks; nor does Company grant you any rights, explicitly or implied, to use any such marks or to link to such trademarks. You will need to obtain permission from the owners of such marks in order to use or link.
Additionally, Company has rights to certain registered domain names in which it has a proprietary interest. The domain names are subject to the same restrictions as recited above and in the linking terms. Company claims rights in the following domain names: moto-va-tire.com, moto-va-tire.net and Company claims rights in the following: Twitter account: “@Moto-Va-Tir[e]”; Facebook account: Moto-Va-Tir[e], LLC; Pinterest presence: Moto-Va-Tir[e], LLC; Linkedin account: www.linkedin.com/in/Moto-Va-Tir[e]; and Instagram: Moto-Va-Tir[e].
Proper Attribution of Company Marks:
When you use Company marks, please include an appropriate notice (as shown below) attributing the marks to Company.
· Moto-Va-Tir[e]® is trademark of Company. Moto-Va-Tire and moto-va-tire are trademarks of Company.
· Moto-Va-Tir[e] Design™ logo is a trademark of Company.
COPYRIGHT USE TERMS
Company Copyright Use Authorization
Company’s Site contains copyrighted material that includes, but is not limited to, screen shots, documents, data, graphical displays, pictures, digital images, text, format, and computer code. These materials are owned by Company or its suppliers, and your download, access or use of these materials from this Site does not transfer any rights, title or interest, whether expressed or implied, in the materials or the copyrights held in the materials, except as authorized herein, to you. Company disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the materials and their use, and the materials are provided “AS IS.” Further Company reserves the right for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein.
Personal Use of Site Copyrighted Material
Company hereby authorizes you to view, copy, download, and print Company materials that are available on this Site, subject to the following conditions:
· The materials may be used solely for your personal or intranet requirements for informational purposes, and for no other purposes, including commercial exploitation or distribution, either independently or in combination with or integrated in other products.
· The materials may not be modified, altered, changed, translated or edited nor may you create derivative works thereof, except where otherwise stated.
· The following copyright notice and permission notice must appear on each document: "Copyright © 2020 Moto-Va-Tir[e], LLC. All rights reserved. Protected by the copyright laws of the United States and International Treaties and Authorized for Use by Moto-Va-Tir[e], LLC."
· Copyright or any other proprietary notices may not be removed, deleted or altered in any manner.
You may not reproduce, copy, or redistribute the design or layout of this Site, individual elements of this Site design, or Company marks without the express written permission of Company, or where otherwise stated.
Commercial Use of Site Copyrighted Material
Reproduction, copying, or redistribution for commercial purposes (external to your intranet) of any Materials on this Site is strictly prohibited without the express written permission of Company.
DMCA (Digital Millennium Copyright Act)
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on the Site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at the following:
Contact: DMCA Agent
Attn: DMCA Notice
Email:samcombs@moto-va-tire.com
GOVERNING LAWS TERMS
Applicable Laws
This Site (excluding linked sites) is controlled by Company from its offices within the State of Alaska, United States of America. It can be accessed from all 50 states, including territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Alaska, by accessing this Site both you and Company agree that the statutes and laws of the State of Alaska, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site.
You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the competent courts in the State of Alaska, Municipality of Anchorage or the nearest Federal Court with respect to such matters. Company makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You shall adhere to U.S. Export Administration Laws and Regulations, and to International Internet Laws, Rules and Regulations.
PERMISSION TO LINK TERMS
Terms for Linking
Company welcomes a link from your web page to Company’s Site upon mutual written approval. The following describes how you may link and the process for achieving such interaction between this Site and your link. Except as Company may authorize elsewhere, non-Company sites may link to this Site only by using Company’s logo, tradename, trademark or URL - “www.moto-va-tire.com” (collectively, Link Elements). By using these Link Elements, you agree to be bound by the following terms.
1) Company grants you a non-exclusive, non-transferable right and license to display the Link Elements only on your site only for the purposes of establishing a link to this Site. You may display one or more Link Elements on your site provided that when a user clicks on your choice of a Link Element, the user always links to this Site, except where otherwise authorized. Further, you are not permitted to change or modify the Link Elements in a manner that is detrimental to the enforcement of U.S. and international trademark and copyright interests and title. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site or any affiliated Company Sites. Further, you may not link to any site that disparages or compromises this Site, either legally or morally, in anyway.
2) The link elements are not to be considered or to be construed, either explicit or implied, as any endorsement, agency or affiliate relationship, strategic alliance or any other legal or business relationship and are only provided for the convenience of the user at your site.
3) You may not use the link elements for or in the encouragement of unlawful or illegal purposes, or use or display the link elements in a disparaging, derogatory, detrimental or adverse manner, whether or not related to Company or Company’s Site.
4) As a result of your use of these Linking Elements, you are not granted any other license or right in the marks or copyrights held and owned by Company in these Linking Elements and any related materials. Further, no license, either expressed or implied, is granted to any other intellectual property, including those properties associated with this Site, and any or all of the contents, therein.
5) Company, at any time without notice, reserves the right, for any reason and in its sole discretion, to terminate or modify immediately, Company's Terms for Linking. Upon termination, you shall promptly remove the link elements from your site. Company disclaims any warranties or guarantees, whether express or implied, including warranties against infringement, with regard to the link elements and their use, and the contents of this Site. The content of this Site is provided “AS IS”.
6) Company reserves the right to pursue any action against any use that does not conform to these terms or infringes any Company intellectual property right or any or other interest, or violates any other applicable laws related to, arising from or associated with the link, Linking Elements, Company or this Site.
THIRD-PARTY LINK TERMS
Links to Third-Party Sites
In the event there are any links provided in this Site to other third-party sites, which let you leave this Site, you acknowledge by your use of such links that Company provides such links for your convenience only and makes no representations whatsoever about such third-party sites. These non-Company linked sites are independent from Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or the operation, performance reliability of such site or the contents therein or any changes or updates to such sites. The inclusion of any such link does not imply endorsement, either expressly or implied, by Company of the linked site. The linking to and use of such site is completely your responsibility and any liabilities or risks associated with such linking or use of the Site, and the contents therein, shall be assumed totally and completely by you. Company assumes no liability or risk for any damages, either direct or consequential, or claims as a result of such linking and use of this Site and you will hold Company completely harmless with respect to any claim made or action commenced as a result of such linking to or use or the site and any contents therein.
ACCOUNT AND/OR REGISTRATION ESTABLISHMENT TERMS
If you are a registered user at this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile devices or other electronic data devices. You agree to accept responsibility for all activities that occur under your account or password. Company reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content. To open an account, you will create a username and a password, and agree to maintain the security, confidentiality and integrity of your username, password, and any other security measures employed by Company. You are responsible for all access to or use of your account (including financial transactions) under your username and password, including but not limited to access or use by any other individual, whether or not authorized by you. You agree to immediately notify Company of any breach of security, including but not limited to unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including but not limited to changing your password. You represent and warrant that all information that you provide for your account is current, accurate, complete and truthful, including but not limited to, your legal name, street address, email address, telephone number, and, if applicable, financial transaction account information. Further, if applicable, you authorize Company and any payment processing service provider it may engage to charge your credit card, debit card or to debit or process payment through any offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are an authorized account holder of any financial transaction, if applicable, account which you provide to Company for payment of transactions that you make at this Site. You represent that you are the only one who will make payments, if applicable, in connection with the Site, and that you shall be responsible for any and all uses of your credit card, debit card or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Company are non-refundable. You understand that you are communicating electronically with Company. You expressly consent to receipt of electronic communications from Company whether by posting or email that you provide by setting up your user account. However, such communications from Company in connection with purchases, if applicable, shall be limited to communications relating to services, programs, or products following acceptance of an electronic agreement or payment for purchases. You agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic term communications that Company provides to you according to this account establishment section satisfies the legal requirements that such communication be in writing.
CONTACT: Please let us know if you found the above useful with respect to your access and use of the Site. Any questions, clarifications, changes to personal information or opt out needs, or any other concerns regarding this Terms of Use, please contact:
Moto-Va-Tir[e], LLC (“Company”) – Contact Information
By Email: samcombs@moto-va-tire.com
By Mail: Moto-Va-Tir[e], LLC
7480 O’Malley Road
Anchorage AK
99507-6207
If you no longer wish us to collect your personal information or data, please click the below:
PLEASE REMOVE ME FROM YOUR SYSTEM
Special Note:
The use of the RYOBI drill in no way endorses the use of this drill and/or any particular brand of drill.
PRIVACY PRACTICE STATEMENT EFFECTIVE: December 1, 2020
Moto-Va-Tir[e], LLC (“Company”) – Privacy Practice Statement
Moto-Va-Tir[e], LLC (“Company”) believes that understanding what our customers want for products, services and information is an important part of building an interesting and useful on-line environment and, if applicable, applications designed for download and use on mobile or other digital communication devices. Company wants to contribute to providing a safe and secure environment for you, the individual, whether as a sole individual or acting on behalf of an entity, if you choose to become an interactive participant on this Company Web Site (“Site”) and a subscriber to or user of Company’s products and/or services.
You acknowledge because you are accessing and using this Site that you have read, understood and agreed to the terms and conditions of this Privacy Practice Statement and expressly consent to the practices described herein below.
Company has designed its Site with this belief in mind, and has created this page so that you have easy access to information about Company’s privacy practices. At any time, however, Company may change its privacy practice and privacy practice statement. In the event Company does so, Company will post these changes here so that you will always know what information Company will gather, how Company might use that information and whether Company will disclose the information to anyone. Your continued use of this Site constitutes acceptance of these changes. Notwithstanding the foregoing, we are not required to provide you any notice about any changes and you waive the right to receive any notice; and as a result, you are obligated to check this Site frequently for any changes.
Your California Privacy Rights:
To the extent that any data or information is collected as a result of interaction with this Site, California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. Further, you acknowledge that certain California laws will come into effect during the term herein and that you will have rights under those laws and, in particular, the California Consumer Privacy Act (effective January 1, 2020). If you are a California resident and would like to make such a request, please submit your request in writing to:
Moto-Va-Tir[e], LLC (“Company”) – Contact Information
By Email: samcombs@moto-va-tire.com
By Mail: Moto-Va-Tir[e], LLC
7480 Upper O’Malley Road
Anchorage AK
99507-6207
Contents:
What Information Does Company Collect On-line?
What Sort of Information Will Company Not Collect?
How Does Company Use the Information It Collects?
"Cookies" or Web Beacons — What are They and How Does Company Use Them?
How Does Company Use Email or Messages?
What Information may Company Share with Others?
What Information will Company Not Share With Others (with special attention to children)?
Choices for Your Site Interaction?
Security and Retention of Your Personal Information?
How to Contact Company with Questions or Comments?
What Information Does Company Collect On-line?
When you visit Company’s Site and/or subscribe to or access, purchase and/or use Company’s products and/or services, Company asks you to provide information by filling out and submitting an on-line form. This information may include your name, registration name, account name,, billing address, business or home address, cell phone number, wireless email address, physical location, mailing address, and Internet email address; and to the extent that any data or information is collected as a result of interaction with this Site, which is associated with payments for products purchased, whether directly or indirectly, through this Site. Company asks for this information so that Company can provide to you your selected products and/or services. The information is stored in Company’s customer file in a secure environment separate from the Site. You can always choose whether or not to disclose any or all of the information requested; however, certain information is required for subscribing to or using our services and/or products as recited in applicable agreements. Notwithstanding the foregoing, Company may use third-party services to collect certain information such as credit card information; and as a result, the policies and practices of that third-party site processing shall apply, and Company has no liability or responsibility for such third-party practices and policies. You assume the entire liability of going to and interacting with such third-party credit card processing site.
Company may also occasionally send details about our sales, new products, new services, new partnerships, special offers, market expansion and promotions to the email address you provide.
To the extent that any data or information is collected as a result of interaction with this Site and Company decides to so use the following Information, Company shall so inform you at this Site. In particular, Company may automatically gather certain usage information like the number and frequency of visitors to the Site or the number and type of customers that access and obtain Company’s product and/or service offerings. Such information may also include demographic information such as date of birth, age or gender. Company only uses and analyzes such information in the aggregate, not at the individual level, to make improvements to its Sites and to its product, goods and service offerings or employment opportunities. Therefore, any individual and personal information, such as your name and email address, is not included in this analysis.
To the extent that any data or information is collected as a result of interaction with this Site and Company decides to so use the following Information, Company shall so inform you at this Site. In particular, Information provided when users establish an account, such as their email address, username, password, and other contact information provided, as well as information they provide in connection with their other digital device account. If a user is a customer, we may also collect their information about how they use and interact with Company, and when they use their digital devices to view product or service offerings and purchase products or services under applicable agreements.
To the extent that any data or information is collected as a result of interaction with this Site and Company decides to so use the following Information, Company shall so inform you at this Site. In particular, Information related to a user’s purchase, if applicable, of products and services by using a credit/debit card, billing address, the products and services purchased, and other related transaction information.
To the extent that any data or information is collected as a result of interaction with this Site and Company decides to so use the following Information, Company shall so inform you at this Site. In particular, Information about a user’s Internet connection, browser, or computer/device, IP address or digital device ID, and information on how they use and interact with digital devices, such as pages, portals, platforms or features they access.
If a user links their social media profiles and accounts on this Site or other digital devices through social media networks (e.g., by clicking a Facebook “like” button), information may made available to, and collected by Company, through those social media profiles and accounts. In addition, if a user elects to connect their third - party devices or third-party applications (collectively “Third-Party Apps”) to this Site or digital devices in order to utilize certain features, services, platforms and functionalities, we may collect information from such Third-Party Apps.
If a user accesses via a mobile device this Site through an application or accesses this Site from other external devices or sources, Company applies these privacy practices to the foregoing.
The user acknowledges that this Site is for the provision of services/products described on the Site and the privacy issues described herein are applicable to users of the Company’s services/products.
Information We Collect:
What Sort of Information will Company Not Collect?
Company does not follow your browsing path outside of the Site.
"Cookies" or “Web Beacons” Sent from the Site and Our Use of Them.
A cookie is a small file stored on your computer by a Site to give you a unique ID. Cookies help make it easier for you to use the Site, and they help Company provide you with the information you need — when and where you need it.
A cookie generated by a Site contains no information about you. It contains only a numeric ID that, for example, allows you to retrieve your information so that you can check on the product or service to which you have access and use. Company encourages you to update your information periodically so that Company may provide you with the best possible on-line service in connection with your platform services access and use.
Company may also use web beacons (single-pixel graphic files also known as "transparent GIFs") to access cookies and to count users who visit the Site or open our HTML-formatted email messages. Another example of information that we automatically collect as you navigate the Site is information about your computer’s connection to the Internet. This information allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site.
In keeping with Company’s standard policy on customer information, Company analyzes data gathered via cookies and web beacons only in aggregate, not at the individual user level.
How Does Company Use the Information It Collects?
Company may use the information it collects to improve the Site, enhance Company’s product and/or service offerings, bring you new product and/or service offerings and meet your needs related to your use of the Site and/or products and/or services.
In the end, Company hopes this information will help Company tailor its communications and/or products and/or services to your particular needs so that you receive more of what you want from Company and its products and/or services and less of what you don’t want. If you access and use Company’s products and/or services and/or visit the Site, Company will periodically supply you with information about Company’s products and/or services. If you do not wish to receive this information, please email Company at the contact below with instructions to disengage you from the receipt of such information.
How We May Use Certain Personal Information:
How Does Company Use Email or Messages?
To the extent that any data or information is collected as a result of interaction with this Site and Company decides to so use the following Information, Company shall so inform you at this Site. In particular, Company may send one or more emails or messages to confirm each account, registration or service request which you elect, and Company may occasionally use email addresses or messages for promotion of services and/or products, or other items of interest to our users. If you receive an email or message from Company that you would rather not receive, please email Company at the contact below with instructions to disengage you from the receipt of such information. Please note that Company does not sell or share email addresses with other companies, except as indicated below.
Company encourages you to email samcombs@moto-va-tire.com with your questions or comments. Company reads every email it receives.
What Information may Company Share with Others?
You must provide Company with your name or email address if you determine that you will purchase products, or access and use the services described at and provided at the Site. To the extent that any data or information is collected as a result of interaction with this Site and Company decides to so use the following Information, Company shall so inform you at this Site. In particular, there may be additional agreements that need to be executed in order to use Company products and/or services, and as a result, Company will obtain those agreements, which are either in electronic or tangible form and may be subject to providing certain Personally Identifiable Information (PII). The access to and use of the Site does not require any registration that requests Personally Identifiable Information (PII) absent the desire to obtain the access to and use of Company products and/or services. Company may also provide aggregate information (never information about you personally) to Company’s business partners for the purposes of enhancing Company product and/or service offerings to you.
Protecting Personal Information:
We understand the importance of ensuring that your PII is secure and protected. We respect your provision of your Personally Identifiable Information (PII) in connection with your use of the Site and your access to and use of Company products and/or services. We use a variety of security technologies and procedures to help protect your PII from unauthorized access, use, and disclosure.
Your use of the Site and/or access and use of Company products and services is considered your consent to Company’s collection, use and disclosure, as provided herein, of your PII. However, you shall also be responsible for complying with all applicable data protection and privacy laws when providing such PII data to Company via the Site or as a result of accessing and using Company’s products and/or services. You acknowledge that email may be an unsecured medium and that data encryption may not be available when transmitted via the Internet and that transmission of such PII may not be guaranteed by Company and that such PII may be intercepted, lost or breached before such PII is imported into Company’s system for processing and storage. Additionally, your PII will always be available to you for you to review, control, edit, update or delete. You, also, can disable PII data collection capabilities such as cookies. Company may engage in state of the art technical methods and processes to encrypt, verify, process, collect, store, import and export and erase such PII data once imported into the Company’s system, and implement physical security measures for physical data storage employing strict security measures and restrictions with respect to access and use of such PII data.
Company products and/or services are personalized within a computing environment that enables you to seamlessly roam and access services, products, preferences and content across a variety of computing and data transmission devices. Rather than residing as a static software program on your device, key components of Company services and/or products are cloud-based, and both cloud and local elements of the software associated with the Company services and/or products are updated regularly, providing you with the latest improvements and features. In order to provide this computing experience, we collect data about you, your device, and the way you use the Company products and/or services. You have choices about the PII data we collect and how we use it. Note that if your device is managed by your entity, your entity may use centralized management tools to control device settings, device policies, software updates, data collection by Company or the entity, or other aspects of your device, and in that event, Company shall assume no liability or responsibility for any personal data transmission or content.
Company uses all reasonable and technical availability to adhere to the principles, whether currently effective or which will come into effect (e.g., California Consumer Privacy Act (January 1, 2020), of the EU-U.S. and Swiss-U.S. Privacy Shield frameworks that were designed by the U.S. Department of Commerce, and the European Commission and Swiss Administration, respectively, to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring PII data from the European Union and Switzerland to the United States in support of transatlantic commerce. Further, if your access and use of the Site and/or Company products and/or services requires the provision of PII data that is subject to the EU’s General Data Protection Regulation that went into effect May 2018, Company shall use all reasonable resources to comply with the requirements recited thereunder and applicable to such PII data. On July 12, 2016, the European Commission deemed the EU-U.S. Privacy Shield Framework adequate to enable data transfers under EU law and on January 12, 2017, the Swiss Government announced the approval of the Swiss-U.S. Privacy Shield Framework as a valid legal mechanism to comply with Swiss requirements when transferring PII data from Switzerland to the United States. The Privacy Shield program is administered by the International Trade Administration (ITA) within the U.S. Department of Commerce to facilitate the Privacy Shield framework in the U.S. and enables U.S.-based organizations to join one or both of the Privacy Shield Frameworks in order to benefit from the adequacy determinations. To join either Privacy Shield Framework, a U.S.-based organization will be required to self-certify to the Department of Commerce (via this website) and publicly commit to comply with the framework’s requirements. While joining the Privacy Shield is voluntary, once an eligible organization makes the public commitment to comply with the Framework’s requirements, the commitment will become enforceable under U.S. law. All organizations interested in self-certifying to the EU-U.S. Privacy Shield Framework or Swiss-U.S. Privacy Shield Framework should review the requirements in their entirety. Compliance with the foregoing requires a link to: https://www.privacyshield.gov and the provision of relevant information and compliance with Privacy Shield requirements and remedies. Participation in the foregoing Privacy Shield is subject to the payment of fees. As the Privacy Laws evolve and come into effect, the new requirements will be updated into this Privacy Practice Statement at the sole discretion of the Company.
In the event of a conflict between this Privacy Practice Statement and the terms of any agreement(s) between you and Company, the terms of those agreement(s) will control.
Company utilizes, if applicable, a payment arrangement and/or service as indicated on the Site (including the checkout page) that is consistent with reasonable industry standards for obtaining and processing payments and engages in practices as recommended by the payment administrator and/or processor. The use of this arrangement and/or service is to facilitate privacy concerns regarding payment information used and processed at this Site or under an applicable product or service agreement with a third-party.
Disclosing Personal Information:
What Information Will Company Not Share with Others?
PII from you is not made available to others visiting the Site. Company will not share, sell or trade email addresses, which are personal to you, and that are collected as part of a survey, with others. Except to verify credit card information to complete your registration, service and/or product transaction, where applicable, Company will not use or release to others any credit card or financial information for any purpose. For privacy purposes, all information relating to our customers is stored on a highly secure server that is not accessible via the Internet.
Third-party web sites, apps or other digital devices are not under our control except to the extent that you use the foregoing to access the Site. The foregoing have their own privacy notices independent of this Site and the privacy practice described herein applies to this Site only when accessed via digital devices. If you have opted in to login to the Site with LinkedIn, this is third-party policy is important for you to understand: https://www.linkedin.com/legal/privacy-policy.
Special Attention to Children:
Company takes special care to protect the safety and privacy of young people accessing and using our services and/or products. Company does not specifically collect information about children and believes that children should get their parents’ consent before giving out any PII. Company encourages you to participate in and supervise your child’s Internet experience. Specifically, children under age 13 will not be subject to collection or storage of PII by us if we know the user to be 13 or younger and more specifically, we do not knowingly collect PII from or solicit persons under 13 years of age. Users 14- 18 must have parental permission to interact with the Site or digital devices.
How to Contact Company with Questions or Comments:
Company is always happy to answer your questions and listen to your comments, and Company offers several options for you to contact us.
Choices for Your Site Interactions:
Security of Your Personal Information and Retention of Your Personal Information:
We take what we believe to be reasonable precautions and have implemented managerial and technical procedures to try to protect the security of data and information, including PII. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or PII. You provide your PII to us at your own risk. You acknowledge that: (1) there are security and privacy limitations in computer systems and on the Internet, including any type of digital communication or mobile devices, which are beyond our control; (2) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Site, including PII, cannot be guaranteed; and (3) any such information and data, including PII, may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored. Where your use of the Site includes the processing of PII data, the foregoing personal data processing, storage and erasure will apply. For the purposes of any agreement in effect, you are the data exporter. Within fourteen (14) days of the date of termination of the relevant agreement, Company, at your request, we will delete, destroy and erase all data associated with the agreement and confirm such destruction with written confirmation. After the lapse of such thirty (30) days, we will have no further obligation with respect to such data associated with the agreement.
Notwithstanding the foregoing in connection with any agreement, we will keep your PII only as long as we need it for the purposes for which it was originally collected (or to which you have consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.
BY SUBMITTING YOUR PII TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PII IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE OF YOUR PII AS SET FORTH IN THIS PRIVACY PRACTICE STATEMENT. IF YOU ARE SUBMITTING PII OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT THAT YOU HAVE FULL AUTHORIZATION AND CONSENT FROM THE THIRD-PARTY TO PROVIDE PII TO US, AND THAT YOU WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH THIRD-PARTY INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH THIRD-PARTY PII WITHIN THE TERMS OF THIS PRIVACY PRACTICE STATEMENT.
Links to Other Websites
We are not responsible for the practices employed by websites linked to or from our Site nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of this Site.
Please remember that when you use a link to go from this Site to another website, our Privacy Practice Statement is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on this Site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.
Your Consent
By using this Site you consent to our collection and use of your PII as described in this Privacy Practice Statement. If we change our privacy policies and procedures, we will post those changes on this Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.
Consent to United States Law
Please note that your PII will be stored and processed on our computers in the U.S. or, at our discretion, outside of the U.S. If you access this Site or our products and services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, please be advised that through your continued use of this Site, you are transferring your PII to the U.S. and you consent to that transfer and this Privacy Practice Statement. Additionally, you understand that your PII may be processed in countries (including the U.S.) where laws regarding processing PPI may be less stringent than in your country.
You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the competent courts in the State of Alaska, Municipality of Anchorage or the nearest Federal Court with respect to such matters. Company makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You shall adhere to U.S. Export Administration Laws and Regulations, and to International Internet Laws, Rules and Regulations.
The Terms of Use shall serve to supplement this Privacy Practice Statement and is incorporated herein by reference, and in the event of conflict, the terms recited in this Privacy Practice Statement shall prevail.
Changes to this Privacy Policy (Privacy Practice Statement)
We reserve the right, at any time, to add to, change, update, or modify this Privacy Practice Statement by posting such change, update, or modification on the Site. Any such change, update, or modification will be effective immediately upon posting on this website.
CONTACT: Please let us know if you found the above useful with respect to your access and use of the Site. Any questions, clarifications, changes to PII or opt out needs, or any other concerns regarding this Privacy Practice Statement, please contact:
Moto-Va-Tir[e], LLC (“Company”) – Contact Information
By Email: samcombs@moto-va-tire.com
By Mail: Moto-Va-Tir[e], LLC
7480 Upper O’ Malley Road
Anchorage AK
99507-6207
If you no longer wish us to collect your personal information or data, please click the below:
PLEASE REMOVE ME FROM YOUR SYSTEM
These Terms ("Terms") govern all purchases of “Items” identified in your account order, including the quantity and the prices recited that are purchased by you, the “Buyer”; and any party, either individual or entity, that purchases such Items on behalf of Buyer; and Buyer agrees to be bound by these Terms. These Terms shall become binding upon the signature of Buyer, either by facsimile or PDF form, on any order or other mutually agreeable electronic contract method of placing an order, or substantial performance hereunder by us, the “Seller”. Seller’s performance pursuant to these Terms shall be deemed unqualified acceptance of the Terms set forth below.
1. All sales of the Items are F.O.B. Seller’s shipping point with title and risk of loss passing to Buyer upon shipment of the Items ordered.
2. Buyer shall inspect the Items immediately upon delivery and shall within three (3) business days after the date of delivery give written notice to Seller of any claim that the Items: (1) are not consistent with the quantity and/or description ordered or (2) are defective, broken, or damaged upon visual inspection; provided that such defect, damage or breakage is not due to acts of Buyer. Seller agrees to promptly, without expense to Buyer, replace or correct defective, damaged or broken Items and/or deliver any missing Items not conforming to the identified Items on the order; provided that Buyer provides evidence of such non-conformance to Seller (e.g., return of defective, broken or damaged Items). If Buyer does not provide such notice within the three (3) days, the Items shall be deemed to have met the recitations of description, quantity and pricing described in the order and shall be considered to be delivered without defect, damage or breakage, and Buyer shall be deemed to have accepted the Items. In such event of the lapse of such three (3) days or upon replacement or repair of non-conforming Items. Buyer’s prepayment is a non-refundable payment as provided under these Terms. The foregoing serves as Seller’s entire warranty to Buyer. EXCEPT AS EXPRESSLY WARRANTED BY SELLER FOR THE ITEMS AS RECITED HEREIN, SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED OR IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN CONNECTION WITH ANY ITEMS MADE, DELIVERED OR USED HEREUNDER AND ALL ITEMS ARE DELIVERED “AS IS”. This is Buyer’s sole and exclusive warranty. Any unauthorized returns of Items are subject to refusal by Seller and may be returned to Buyer on a freight collect basis.
3. THE FOREGOING SERVES AS BUYER’S ENTIRE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY IN CONNECTION WITH THE ITEMS DELIVERED AND USED AND/OR THE PERFORMANCE OF ANY ITEM OR THE RESULTS OBTAINED FROM ANY PERFORMANCE OR NON-PERFORMANCE OF THE ITEMS, WHETHER DUE TO BREACH OF TERMS, BREACH OF WARRANTY OR NEGLIGENCE OF SELLER OR WITH REGARD TO ANY LEGAL THEORY OF LIABILITY AND/ OR ANY BREACH OF THE TERMS RECITED HEREIN, SELLER SHALL HAVE NO LIABILITY TO BUYER (OR ANY PERSON OR ENTITY CLAIMING THROUGH BUYER) FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND, UNDER ANY THEORY OF LIABILITY, INCLUDING TORT, NEGLIGENCE OR CONTRACT; AND REGARDLESS OF WHETHER BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND THESE ARE HEREBY WAIVED BY BUYER. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SELLER’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. Seller’s aggregate liability arising out of, in connection with or resulting from any claim by Buyer under these Terms shall be limited to actual and provable damages up to and not to exceed the monies paid by Buyer for the Items, which gives rise to the claim, whether in contract, tort or warranty or any other legal or equitable action; and Seller shall not be liable for any additional damages and this is the entire extent of liability to Buyer from Seller under any claims. Any cause of action hereunder must be commenced within one (1) year after the cause of action has accrued.
4. The terms of payment for the Items shall be pre-payment through a third-party payment facilitator prior to any shipment of the Items ordered. No Items shall be shipped until payment is received. Once such payment is made, such amount is non-refundable for any reason, except where otherwise agreed to in writing by the parties. Buyer’s sole remedy is as recited in Section 2. A finance charge of 1.5% per month or the maximum rate allowed by law, whichever is less, will be charged on each payment received after the due date. A thirty ($30.00) dollar fee will be charged on each check returned due to insufficient funds. Checks will not be re-deposited. In the event a legal action is commenced by Seller to enforce any of the Terms, Seller shall be entitled to recover its collection costs and reasonable attorney’s fees incurred in connection with such legal action.
5. Credit arrangements are subject to written approval of third-party payment processor. In the event Buyer fails to make payments consistent with any credit terms, the third-party payment processor will notify Seller and Seller may decline to make further deliveries of Items.
6. Buyer shall assume full responsibility for all taxes, excises, VAT or other charges that may be required for collection and/or payment to the government (either local, state, federal or international) upon the sale or transportation of the Items.
7. No liability shall be asserted against Seller for any breach of these Terms that result from the need to substitute equivalent Items, adjust quantity of Items, or delay in the delivery or non-delivery of Items for events that occur out of control of Seller, which are often characterized as force majeure events such as events caused by fire, explosion, accidents, flood, or other acts of God, labor trouble or shortage, inability or non-availability of components comprising the Items, act of or authorized by any government, inability to obtain suitable material, equipment, fuel, power or transportation, pandemic or other events of disease, virus or the like or arising from contingencies, happenings or causes beyond the control of the Seller, which event continues for sixty (60) continuous days without any foreseeable and reasonable opportunity to cure such event of force majeure.
8. These Terms are not assignable or transferable by Buyer, in whole or in part.
9. Buyer acknowledges that the Items are the subject of certain intellectual property protection such as, but not limited to patent pending, patents, copyrights, design patents, industrial design, trade dress, trade secrets or other recognized form of proprietary protection, whether statutory or common law, and that Seller owns all rights, title and interests in and to all such intellectual property. Buyer further acknowledges that any improvements, enhancements, changes, alterations, modifications or derivative works, which are developed, created or generated from the Seller’s intellectual property shall be owned and held by Seller. Buyer acquires no license, express or implied, to Seller intellectual property as a result of this sale.
10. Buyer shall indemnify, hold harmless and defend Seller from all claims, judgements, actions, liabilities, loss, damage, expenses, costs (including, without limitation, attorney’s fees and court costs) that Seller may suffer or incur out of third-party claims arising from: Buyer’s breach of these Terms; Buyer’s possession, use, or performance of the Items; Buyer’s action of alteration, modification, misuse, inappropriate use, negligence, misconduct, misrepresentation or any change to or combining with the Items; Buyer’s business activities in connection with the Items; or any acts or omissions of negligence, tort, infringement or other causes of action arising from, based on or in connection with the Item, and its possession or use, in any manner, or these Terms.
11. The Terms herein shall be construed and enforced in accordance with the laws of the State of Alaska and United States, as applicable, without giving effect to the applicable principles of conflict of law’s provisions. Customer agrees to: (i) irrevocably and unconditionally submit to the exclusive jurisdiction of the competent state and county courts located in Municipality of Anchorage in Alaska or the nearest competent federal court to Anchorage, Alaska to resolve any disputes hereunder and (ii) waive any right to move or dismiss or transfer any such action brought in such court on the basis of any objection to personal jurisdiction or venue.
12. The Terms constitute the entirety of the agreement between Buyer and Seller. The provisions of the Terms, which by their nature survive termination or expiration of the Terms, including without limitation the provisions regarding limits of liability, shall survive such termination or expiration. Seller shall be entitled to all legal and equitable relief, including reasonable attorney’s fees and court costs.
13. U.S. Export Laws and Regulations shall apply to the Items and no Items shall be exported in violation of such Export Control Laws. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms is expressly excluded under these Terms.
14. Buyer agrees that Seller may use Buyer’s name and logo on Seller’s website and in other marketing materials to identify Buyer as being a customer of Seller.
15. No other Terms other than those stated herein shall be binding on Seller unless such modifications, waivers or additional terms are made in writing and executed by an authorized signatory of Seller. No Terms contained herein shall be deemed affected by Buyer’s documents containing other or different terms and conditions. These Terms shall take precedence over any different or conflicting terms in Buyer’s purchase orders or other Buyer documents. If one or more of the provisions herein are deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Any quotes by Seller for Items shall be effective for thirty (30) days from the date of the order. Following the lapse of such thirty (30) days, a new order may be placed, which may contain different pricing and Items as recited on Seller’s website. Any Items that the Buyer desires to have customized or developed shall be subject to a separate agreement between Buyer and Seller.
16. After prepayment is made by the Buyer, Buyer can not cancel the order of the Items.