TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY One Up Offroad YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in One Up Offroad's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and One Up Offroad (References to "you" or "your" shall relate to a customer of One Up Offroad or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "One Up Offroad" shall relate to One Up Offroad and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by One Up Offroad from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by One Up Offroad from its offices within the United States. One Up Offroad makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of OR without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in MARION County, OR to hear any such claims.
Access, Interference and Linking
One Up Offroad grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of One Up Offroad.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by One Up Offroad; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by One Up Offroad.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray One Up Offroad, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any One Up Offroad logo or other proprietary graphic or trademark as part of the link without express written permission.
One Up Offroad does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held by One Up Offroad or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of One Up Offroad or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without One Up Offroad 's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers. One Up Offroad and the Circle of Service logo are trademarks of One Up Offroad Copyright © 2002 One Up Offroad.
Microsoft and the Passport Logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL One Up Offroad BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF One Up Offroad OR A One Up Offroad AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with One Up Offroad, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Woodburn, OR. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. One Up Offroad reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to One Up Offroad
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by One Up Offroad for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, One Up Offroad is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to One Up Offroad or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
One Up Offroad
Woodburn OR, 97071
Email: firstname.lastname@example.org; email@example.com; firstname.lastname@example.org
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH One Up Offroad. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and One Up Offroad. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "One Up Offroad" shall relate to One Up Offroad and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and One Up Offroad relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by One Up Offroad. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting One Up Offroad at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OR, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN MARION COUNTY, OR FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by One Up Offroad is One Up Offroad's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
One Up Offroad HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY One Up Offroad IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by One Up Offroad are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, One Up Offroad makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, One Up Offroad reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While One Up Offroad uses reasonable efforts to include accurate and up-to-date information on the Site, One Up Offroad makes no warranties or representations as to the Site's accuracy. One Up Offroad assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
One Up Offroad WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. One Up Offroad WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, One Up Offroad IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), One Up Offroad's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Woodburn, OR. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon One Up Offroad until accepted by One Up Offroad. Terms of payment are within One Up Offroad's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. One Up Offroad may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
Shipping and handling charges on all orders vary; contact your One Up Offroad account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. In some circumstances, international shipping may be available. Call for details.
|•||One Up Offroad offers a 0 days return policy on selected items based on manufacturer return policies. For further information not listed, please contact your One Up Offroad account manager.|
|•||Please call 1-888-986-6987 or e-mail our Returns Department at email@example.com; firstname.lastname@example.org; email@example.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.|
All products returned MUST: be 100 percent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
PRODUCT MUST BE RETURNED IN ALL ORIGINAL PACKAGING. This includes wrapping the part back up in the foam it came in. If you return a product improperly packadged YOU WILL BE CHARGED FOR RECOATING THE PART, NO EXCEPTIONS. We spend time and money to ensure that your part arrives in perfect conition, we take offense when you throw away all the packaging and send our parts back in an empty box.
|•||You are responsible for shipping charges on returned items; One Up Offroad will match your shipping method on your replacement or exchange item(s).|
|•||One Up Offroad strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.|
|•||If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for One Up Offroad to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify One Up Offroad immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify One Up Offroad of damaged goods within the first 15 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 1-888-986-6987 or your One Up Offroad account manager to arrange for carrier inspection and a pick up of damaged merchandise.|
|•||DEFECTIVE returns can be returned directly to One Up Offroad within 0 days from the invoice date, at One Up Offroad's discretion for: credit, replacement, exchange or repair.|
|•||Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 0 days, all manufacturers' warranties apply.|
|•||NON-DEFECTIVE returns can be accepted directly by One Up Offroad within 0 days from the invoice date, at One Up Offroad's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 0 percent restocking fee.|
|•||Due to manufacturers' policies, One Up Offroad cannot accept returns of the following items for exchange, replacement or credit FOR ANY REASON: (One Up Offroad exceptions). DEFECTIVE merchandise can be returned for REPAIR ONLY to: One Up Offroad, the manufacturer direct or any authorized service center in your area. Additional manufacturers may be added to this list as: manufacturer policies change, manufacturer goes out of business or in the case of specially ordered items.|
One Up Offroad reserves the right to authorize product returns beyond 0 days from the invoice date. IF the product is accepted after 0 days days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are refunded on returned items. Customers are responsible for all shipping charges back to One Up Offroad on returned items, and One Up Offroad will pay the shipping charges on the replacement or exchange item(s) going back.
Credit card charges are processed online after ordering the products and/or services.