E-commerce Terms & Conditions
By visiting www.reddirtoffroad.com (the “RDO”, or “Red Dirt Offroad” or “Website”) you agree to the following
terms & conditions.
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you
do not agree to be bound by the Terms & Conditions, do not access or use this Website.
This website is provided by RD3 Industries, LLC. By using this Website or by placing any
purchase orders using the Website, you agree to abide by the terms and conditions set forth
herein. Only upon acceptance of the terms contained herein, you will be entitled to submit
electronic orders. Any violation of the terms will result in termination of your account.
This website is not intended for persons under 18 years of age.
Account Terms
By registering with the Website you can access or view the prices, product inventories, and
submit purchase orders electronically. You are responsible for using the Website in a private and
secure manner. We will not be liable for any damage or loss caused from any unauthorized
account access resulting from your actions, such as not logging out of the account or sharing
your account password. We reserve the right to refuse registration or cancel an account at any
Acceptable Use
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
pornographic, or profane information of any kind, including, without limitation, any
transmissions constituting or encouraging conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any local, provincial, state, national or international
law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus,
worm, or other harmful component;
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software
or other material which is protected by copyright or other proprietary right, without obtaining the
permission of the copyright owner or right holder;
(d) Account sharing, including, without limitation, letting third parties use your account and
Modification of these Terms & Conditions:
RDO reserves the right to change or modify any of the terms contained in these terms &
conditions, at any time. Any such modifications or changes will immediately become effective
upon posting of such changes. Your continued access or use of this Website will imply your full
acceptance of the same. You are therefore responsible for regularly reviewing these Terms &
Conditions and additional terms or notices posted on the Website.
Payment
You agree to pay the full price for all Products you purchase from the Website. We reserve the
right to charge extra charges for your credit card or PayPal account for any products purchased
from the Website. You are responsible for the timely payment of all fees and for providing us
with a valid credit card or PayPal account details for payment of all fees. Since our vendors ship through different carriers final shipping charges billed to your card may vary.
Electronic Communications
When you visit the Website or send any emails to us, you will be communicating electronically
with us. By such electronic communication you agree to receive such communications from us
electronically. You acknowledge that your electronic submissions constitute your agreement and
your acceptance to be bound by and to pay for such agreements and transactions. Your
agreement and intent to be bound by electronic submissions applies to all transactions you enter
into on the Website, and all records including notices of cancellation, policies, contracts, and
Copyright and Licenses
This Website and the entire contents contained on this Website, including but not limited to: text,
graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and
software, are the sole and exclusive property of RDO. All such contents and materials are
protected by U.S. and international copyright and trademark laws. You hereby agree not to
modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the
Website or any contents contained on the Website without the prior expressed written consent of
License
RDO grants you a non-exclusive, non-transferable, limited license to access and make use of the
contents or information available on the Website for your personal use and not to download or
modify it, or any portion of it, except with the express written consent of RDO. You may not
reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial
purpose this Website or any portion of this Website without the express written consent of RDO.
You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
RDO authorizes you to view and download the information and materials available on this
Website only for your personal, non-commercial use. This authorization shall not constitute a
transfer of title in and to the materials and is subject to the following restrictions: (a) you must
retain, on all copies of the materials downloaded, all copyright and other proprietary notices
contained in the materials; (b) you may not modify the materials in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for any public or commercial
purpose; and (c) you must not transfer the materials to any other person unless you give them
notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty/Limitation of Liability:
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN
“AS IS” AND “AS AVAILABLE” BASIS. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND THE INTERNET. RDO MAKES NO EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO
THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, RDO DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RDO DOES
NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM
WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RDO WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WEBSITE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE
INFORMATION ON THIS WEBSITE. RDO ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN
INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, RDO SHALL
HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE
PRODUCT LISTED INCORRECTLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
Third Party Links
For your convenience RDO may provide, links to third party websites operated by other entities
on the Website. If you use such third party sites, you will leave this Website. If you decide to
visit any linked third party website, you do so at your own risk and it is your responsibility to
take all protective measures to guard against viruses or other destructive elements. RDO does not
make any warranty or representation regarding, and does not endorse, any linked websites or the
information appearing thereon or any of the products or services described thereon. Any third
party links do not imply that RDO sponsors, endorses, is affiliated or associated with any linked
third party websites.
Applicable Law
By visiting the Website, you agree that the laws of the state of Texas, without
regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of
any sort that might arise between you and RDO.
Indemnification
You agree to indemnify, defend and hold harmless RDO, its officers, directors, owners,
partners, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Misprint
RDO is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. 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 RDO.
No Presence Outside of Texas.
All internet and mail order sales are transacted by RD3 Industries, LLC, a Texas limited liability company, which has no presence outside the state of Texas.
COPYRIGHT NOTICE. Copyright 2014. RD3 Industries, LLC, a Texas limited liability company,
1333 W McDermott Dr, Suite 150, Allen, TX 75013. All rights reserved.
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