Driveoffroad.com: Terms of Use

Driveoffroad.com (the "Site") is an online service provided by Parts For A Cause, Inc. Your access or use of this site is subject to the terms and conditions set forth below. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SITE. IN CONSIDERATION OF THE SERVICES AND PRODUCT PRICING OFFERED, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW BY ACCESSING OR USING DRIVEOFFROAD.COM (the “Site”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Driveoffroad.com may modify these terms at any time and such modifications shall be effective immediately upon posting of the modified agreement on the Site. You agree to periodically review the posted Terms of Use and your continued access and use of the Site shall be deemed your conclusive acceptance of the modified Terms of Use. THE TERMS OF USE FOR DRIVEOFFROAD.COM ARE LIMITED TO THOSE CONTAINED HEREIN. NO USER REPRESENTATIVE OF DRIVEOFFROAD.COM IS AUTHORIZED TO CHANGE THESE TERMS. ANY DIFFERENT TERMS IN ANY WRITING OR FORMS DELIVERED BY THE USER ARE DEEMED MATERIAL ALTERATIONS AND NOTICE OF OBJECTION AND REJECTION IS HEREBY GIVEN BY DRIVEOFFROAD.COM.

1. DRIVEOFFROAD.COM NOT PRODUCT SELLER OR WARRANTOR : ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE CARRIES THE LIMITED WARRANTY OF THE MANUFACTURER OR PROVIDER, NOT DRIVEOFFROAD.COM. THE TERMS AND CONDITIONS OF YOUR MANUFACTUER OR PROVIDER SHALL CONTROL THE TERMS OF YOUR PURCHASE PROVIDED THAT IN ALL CASES THESE TERMS OF USE SHALL CONTROL THE RIGHTS AND LAIBILITES OF DRIVEOFFROAD.COM.

2. Use of Site Disclaimers & LIMITATION OF LIABILITY.

A. DISCLAIMERS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DRIVEOFFROAD.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THE SITE (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REGARDING ANY MERCHANDISE ADVERTISED, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. DRIVEOFFROAD.COM SHALL NOT BE LIABLE FOR ANY PRICING OR OTHER SITE ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION ARISING OR RELATED TO THE SITE OR ITS CONTENTS. Driveoffroad.com has no control and therefore makes no representations regarding other web sites you may access through this one or which may link to this Site. Further, a link to Driveoffroad.com's site does not mean that Driveoffroad.com endorses or accepts any responsibility for the content, or the use, of the linked site.

B. LIMITATION OF LIABILITY. IN NO EVENT WILL DRIVEOFFROAD.COM BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, RENTAL EXPENSE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OR ANY ALLEGED DEFECT, MISREPRESENTAION OR INACCURACY OF INFORMATION, SERVICE OR TRANSACTIONS PROVIDED OR RELATED TO THE SITE, OR DOWNLOADS FROM THE SITE, ANY DELAYED ACCESS OR USE OF SITE, OR UNAUTHORIZED USE OR INVASION OF THE SITE RESULTING IN LOSS OR DAMAGE TO USERS PRIVACY, FINANCES OR CREDIT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRNTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In the event these limitations do not apply to you by operation of law, the limitations shall apply to the extent permitted by law.

3. Driveoffroad.com Copyrights & Licenses. The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are Parts For A Cause, Inc., its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

4. Grant to Driveoffroad.com of License and Rights Arising From User Submissions. In consideration of access and use of the Site you agree to grant to Driveoffroad.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any areas of the Site (including public bulletin boards, forums and newsgroups) or by e-mail to Driveoffroad.com by all means and in any media now known or hereafter developed. You also grant to Driveoffroad.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You represent you are the sole owner with right to grant the above license of any information or materials submitted or agree to properly and clearly display the copyrighted owner or licensor of any information or materials submitted. You agree to waive any claim and to have no recourse against Driveoffroad.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications, materials or other information submitted to Driveoffroad.com.

5. Indemnification. You agree to indemnify, defend and hold harmless Driveoffroad.com, its officers, directors, employees, agents, licensors, suppliers, any third parties and the parent and subsidiary companies thereof (including information or service providers to the Site) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any breach of this Agreement (including negligent or wrongful conduct) by you or any other person using your computer or device to access the Site.

6. Third Party Rights. The provisions of paragraphs 1 through 5 are for the benefit of Driveoffroad.com and its officers, directors, employees, agents, licensors, suppliers, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7. Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 through 6 and paragraph 8 shall survive any termination of this Agreement.

8. Miscellaneous.

A. Governing Law/Jurisdiction/Mediation. This Agreement shall be governed and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed in Georgia. You agree it is the intent of the parties that no aspect of Site use or any transactions related to or arising from the Site are intended to create a physical presence for Driveoffroad.com outside Georgia, the state of its legal organization. For convenience of the parties and for separate valuable consideration including your access to information and services the Site contains, you agree any legal action or proceeding between Driveoffroad.com and you for any purpose concerning this Agreement, Site use or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Gwinnett County, Georgia. Further, any cause of action or claim you may have with respect to the Site or any purchase or transaction arising from or related to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. You agree that prior to filing any such suit you will provide Driveoffroad.com with ninety (90) day prior written notice and agree, at Driveoffroad.com's option, to participate in and complete mediation in Gwinnett County, Georgia before a designated independent mediator to be selected by Driveoffroad.com.

B. No Obligation for Misprints. Driveoffroad.com is not responsible or obligated with respect to any misprint on the Site (including price). Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by the manufacturers or providers offering the products or services.

C. Non-Waiver/ Reservation of Rights. Driveoffroad.com's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Any rights not expressly granted herein are reserved. Should any portion of these Terms of Use be found unenforceable by a Gwinnett County Court, the parties state their intent that the remainder shall be fully enforced.

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