Conditions of Use
RV 4 Wheel Drive & Performance Automotive, Inc. (hereinafter "RV 4x4"), provides this website solely for the purpose of providing information about RV 4x4 and the products (as herein defined) we offer.
Acceptance of Terms and Conditions of Use. Except as otherwise set forth herein or agreed to between you and RV 4x4, these terms and conditions (the "Terms and Conditions") govern your use of the rv4x4.com website, (the "Site") and any products purchased from RV 4x using the Site (the "Products"). By accessing and using the Site, you acknowledge you have read, understand, and unconditionally agree to follow and be bound by these Terms and Conditions, and your continued use of the Site is contingent upon such agreement.
Revisions to Terms and Conditions. RV 4x4 reserves the right, at any time, to revise these Terms and Conditions without prior notice by updating this posting. Your continued use of the Site following any posting of changes to these Terms and Conditions signifies that you agree to be bound by any revisions we may make.
Terms and Conditions Disclaimer. Although these Terms and Conditions have been prepared with the intent to provide reliable information, no warranty (express or implied) is made as to their accuracy or completeness and RV 4x4 assumes no liability for loss or damage resulting from reliance on these Terms and Conditions.
Use of Site. The Site, including without limitation all products, information, content, and services made available on or through the Site, is provided "as is." RV 4x4 and its affiliates, employees, and agents make no representations or warranties of any kind or nature whatsoever regarding the content or services of the Site. RV 4x4 and its affiliates, employees, and agents disclaim any and all express or implied conditions, representations, and warranties, including but not limited to warranties related to any course of dealing, usage, or trade practice and any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
RV 4x4 does not represent or warrant that your access to the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site and materials accessible to you are free of viruses or other harmful components.
This Site is intended for use by individuals 13 years of age or older. Individuals under the age of 13 must have the assistance and permission of a parent or guardian to use the Site.
All materials (collectively, the "Content") included on the Site are the property of RV 4x4, its affiliates, or content providers of RV 4x4, and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use. You may download or copy the Content for your personal use. However, the act of downloading or copying any of the Content shall not transfer to you any right, title, or interest in the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of RV 4x4. You are prohibited from modifying, transmitting, distributing, reusing, reverse engineering, reposting, or "framing," the Content without the express written permission from an authorized representative of RV 4x4.
RV 4x4 claims no proprietary rights to, or affiliation with, any third-party trademarks, logo references, or product images appearing on the Site. Such marks and images are used solely to designate certain products or services as belonging to their respective owners.
The Content published to the Site is subject to change without notice. While RV 4x4 strives to provide up-to-date and accurate content and information on the Site, it is your sole responsibility to confirm the accuracy, completeness, or reliability of the Content. RV 4x4 does not warrant or make any representation regarding the use of the Content or its accuracy or reliability.
Your User Information. In the event that any of the services on this Site require you to open an account ("your Account") or otherwise provide user or registration information ("Your User Information"), you must complete the registration process by providing us with complete, truthful, and accurate information. You grant to us and to all other persons and entities involved in the operation of this Site the right to use, store, monitor, retrieve, and transmit your User Information in connection with the operation of this Site. Our information collection and use policies with respect to your User Information are set forth in our Privacy Policy, which is incorporated in these Terms and Conditions by reference for all purposes.
You are solely responsible for maintaining the confidentiality of your User Information. You are also solely responsible for any and all activities that occur under your Account or your User Information. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information.
We reserve the right to terminate your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, we will permanently terminate your Account and remove your User Information from this Site if you have been found to violate RV 4x4 Online's copyrights or those of any other copyright holder; if we believe that you may be under 13 years of age; or if you violate these Terms and Conditions. If your Account or your registration(s) with or ability to access this Site, or any other service provided to you by this Site is discontinued by us on any of the foregoing bases, you agree that you shall not attempt to re-register with or access this Site or any other service provided by this Site, through use of a different username or registration information.
Links. RV 4x4 may provide links to other websites not associated with RV 4x4. RV 4x4 has not reviewed, nor shall it be responsible for linked websites or any of their content, and RV 4x4 makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, RV 4x4 cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by websites linked to from the Site.
Site Security. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" (d) sending unsolicited email, including promotions and/or advertisements of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. RV 4x4 will use commercially reasonable efforts to investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from RV 4x4 on the Site and other than generally available third-party web browsers.
Any passwords used for the Site are only intended for individual use. You are prohibited from sharing or otherwise providing the right to use your password with any other person. You are responsible for the security of any password. RV 4x4 may, in its sole discretion, monitor the use of any password and may require you to change your password at any time.
Product Images. RV 4x4 uses electronic images in reference to certain products we make available for sale through the Site. RV 4x4 does not warrant that any particular product image on display fully and completely represents the exact appearance and makeup of that associated product. Product images may represent different iterations of available products, which may differ in terms of exact appearance, available features, design, or configuration. Products' particular colorings may differ slightly from their appearance in product images displayed on the Site. RV 4x4 reserves the right to display "boilerplate," generic, or otherwise representational images in reference to available products.
Misprint. RV 4x4 is not responsible or obligated to honor any price or quantity misprint on the Site. Despite best efforts to avoid them, errors can and do occur. 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 RV 4x4.
Payment and Order Acceptance. Prices for all Products are displayed in United States dollars and exclude any and all applicable taxes and shipping and handling charges unless expressly stated otherwise. You are responsible for the payment of any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid credit card (or another form of payment that RV 4x4 accepts), the applicable fees, and taxes (if any) set forth in the offer you accepted. RV 4x4 reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees.
RV 4x4 reserves the right, in its sole discretion, to refuse or cancel any order for any reason. RV 4x4 may also require additional verification or information before accepting any order. All authorized charges will be billed to your designated credit card account (or another payment method), on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to RV 4x4 for any reason, RV 4x4 reserves the right to either suspend or terminate your access to the Site and/or the unpaid-for Products.
It is your responsibility to ensure that sufficient funds are available to cover the charges for the Products. RV 4x4 has no liability for any overdraft or other fees that you may incur as a result of RV 4x4 processing your payment. RV 4x4 will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, RV 4x4 will issue a credit to you in the amount of the charge.
Product Safety. Automotive parts, equipment, and accessories require careful and proper use, installation, inspection, and maintenance for proper performance. RV 4x4 is not responsible and will not be held liable for any harm or damages you may incur as the result of improper, illegal, unsafe, or otherwise incorrect use, installation, inspection, or fitment of any product you purchase from the Site.
Limitation of Liability. RV 4x4 and its affiliates will not be liable for any direct, indirect, incidental, punitive, consequential, or any other damages whatsoever that result from the use or performance of, or the inability to use, the Site, the Products, or information, or functions on such Site, even if RV 4x4 has been advised of the possibility of such damages. In no event will RV 4x4 and its affiliates' total liability to you for all damages, losses, and causes of action, whether arising out of contract, tort, or otherwise, exceed the amount paid by you, if any, for accessing the Site or purchasing the Products.
Termination of Access. RV 4x4 may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement, in addition to any other legal or equitable remedies for misuse. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and RV 4x4 shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Entire Agreement. These Terms and Conditions embody the entire agreement and understanding between the parties and supersede all prior agreements and understandings relating to the subject matter hereof.
Severability. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Survival. Any provision of these Terms and Conditions shall be or become invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the remaining provisions of these Terms and Conditions. Instead, this entire Agreement shall be construed as though not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties shall be construed and enforced accordingly.
Indemnification. You agree to defend, indemnify, and hold harmless RV 4x4 and its affiliates, employees, and agents from and against any and all claims, damages, costs, and expenses, including without limitation, attorneys' fees, arising from or related to your use of the Site or the Products.
Remedies. The remedy of RV 4x4 at law for any actual or threatened breach of these Terms and Conditions would be inadequate and thus, RV 4x4 will be entitled to specific performance or injunctive relief, or both, in addition to any damages that RV 4x4 is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of RV 4x4 shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, attorneys' fees, and expenses. No waiver by RV 4x4 of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future, or another waiver.
Applicable Law and Arbitration. By visiting the Site, you agree that the laws of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms and Conditions and that any dispute of any sort that might arise between you and RV 4x4. The venue of any arbitration between you and RV 4x4 arising out of conflict pertaining to these Terms and Conditions shall be the State of Pennsylvania, County of Cumberland.