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Terms And Conditions

Rd3 Industries, LLC: Web Site Agreement

 

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,

8528 Davis BLVD., STE 134-176, North Richland Hills, TX 76182. All rights reserved.