Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of this site agree that access to and use of this site are subject
to the following terms and conditions and other applicable law. If you do not agree
to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics
or code is copyrighted as a collective work under the United States and other
copyright laws, and is the property of Mercenary Offroad. The collective work
includes works that are licensed to Mercenary Offroad. Copyright 2003, Mercenary
Offroad ALL RIGHTS RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing an order with
Mercenary Offroad or purchasing Mercenary Offroad products. You may display and,
subject to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different areas of the
site solely for your own non-commercial use, or to place an order with Mercenary
Offroad or to purchase Mercenary Offroad products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless authorized by Mercenary Offroad. You further
agree not to change or delete any proprietary notices from materials downloaded from
the site.
Trademarks
All trademarks, service marks and trade names of Mercenary Offroad used in the site
are trademarks or registered trademarks of Mercenary Offroad
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, Mercenary Offroad disclaims all warranties,
express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and non-infringement. Mercenary
Offroad does not represent or warrant that the functions contained in the site will
be uninterrupted or error-free, that the defects will be corrected, or that this site
or the server that makes the site available are free of viruses or other harmful
components. Mercenary Offroad does not make any warrantees or representations
regarding the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do
not permit limitations or exclusions on warranties, so the above limitations may not
apply to you.
Limitation of Liability
Mercenary Offroad shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or the
performance of the products, even if Mercenary Offroad has been advised of the
possibility of such damages. Applicable law may not allow the limitation of exclusion
of liability or incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors
In the event that a Mercenary Offroad product is mistakenly listed at an incorrect
price, Mercenary Offroad reserves the right to refuse or cancel any orders placed for
product listed at the incorrect price. Mercenary Offroad reserves the right to refuse
or cancel any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and your
order is cancelled, Mercenary Offroad shall issue a credit to your credit card
account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or
completing the registration or shopping process. These terms and conditions, or any
part of them, may be terminated by Mercenary Offroad without notice at any time, for
any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Mercenary Offroad may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided to Mercenary
Offroad.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of
California, U.S.A., without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly arising
out of or relating to this site (including but not limited to the purchase of
Mercenary Offroad products) shall be in the state or federal courts located in Los
Angeles County, California. Any cause of action or claim you may have with respect to
the site (including but not limited to the purchase of Mercenary Offroad products)
must be commenced within one (1) year after the claim or cause of action arises.
Mercenary Offroad's failure to insist upon or enforce strict performance of any
provision of these terms and conditions 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 of these terms and conditions. Mercenary Offroad may
assign its rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use
of obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Mercenary Offroad or other licensed employee, host, or representative, as
well as other members or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise to
liability or violate any law. You may not upload commercial content on the site or
use the site to solicit others to join or become members of any other commercial
online service or other organization.
Participation Disclaimer
Mercenary Offroad does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner responsible for
the content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user-generated content on the site,
Mercenary Offroad is merely acting as a passive conduit for such distribution and is
not undertaking any obligation or liability relating to any contents or activities on
the site. However, Mercenary Offroad reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to Mercenary Offroad in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Mercenary Offroad, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your Internet
account.
Third-Party Links
In an attempt to provide increased value to our visitors, Mercenary Offroad may link
to sites operated by third parties. However, even if the third party is affiliated
with Mercenary Offroad, Mercenary Offroad has no control over these linked sites, all
of which have separate privacy and data collection practices, independent of
Mercenary Offroad. These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Mercenary Offroad seeks to protect the
integrity of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well (including if a
specific link does not work).
Todd Farrand
Owner
