ELECTRONIC COMMUNICATIONS
BY SIGNING UP FOR AN ACCOUNT AND PROVIDING US WITH YOUR EMAIL ADDRESS, YOU EXPRESSLY CONSENT TO RECEIVE EMAILS FROM US AND OUR PARTNERS. YOU MAY OPT OUT OF RECEIVING THESE EMAILS AT ANY TIME. You further agree that communications between us may be done electronically and are considered to be communications in writing. We may send you communications from us electronically, whether by email, posting notices on the website, or other electronic means. You agree not to send Personal Information, such as addresses or credit card information by email.
HYPERLINKS
Some of the links we make available to you on the sites will redirect you to leave the sites. We cannot guarantee that the hyperlinks set out on our sites will be accurate in any respect. You agree and acknowledge that the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control, and that we cannot and do not monitor these third party websites. You agree that we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. You acknowledge that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of Internet users. These links are provided only for your convenience, and their inclusion does not constitute or imply our approval or endorsement of those sites or their content.
INTELLECTUAL PROPERTY
All content included on the sites, including text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is our property or that of our suppliers, and protected by United States and international copyright laws.
Our graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress, of ours in the United States and/or other countries. You agree not to use these trademarks and trade dress in any manner prohibited by law or prohibited by us, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit us. There may be other trademarks we do not own appearing on the sites. Those trademarks are the property of their respective owners, who may or may not be affiliated with us.
LICENSE AND SITE ACCESS
AMERICAN-UTV grants you a limited license to use the sites for personal and non-commercial use only. You may not copy or reproduce the sites, or any portion of them, without our express written consent. In addition, we grant you a limited, revocable, and nonexclusive right to create a hyperlink to any of the sites, so long as the link does not portray us in a misleading, derogatory, false, or otherwise offensive manner.
YOUR ACCOUNT
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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. If you are under 18, you may not use or access the sites without the involvement of a parent or guardian over the age of 18.
SECURITY
The Internet, being an open network, is not secure. If you choose to send us electronic communications via the sites (whether by means of email or posted messages on the sites), you recognize the inherent risk of such an open network. You agree that we do not, and cannot, guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, when we request that you provide us with personal Information, including credit card information, to complete a transaction or survey, or enter a contest, we use commercially reasonable security measures meeting industry standards to protect that information. Credit card information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.
YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO CONTENT AND MATERIAL SUBMITTED BY YOU
You may submit comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications a user submits (“User Content”) on certain portions of our social media and websites, and submit other content or information to us. User Content is not private or proprietary. You agree that as a condition of permitting you to submit User Content to us, you grant us, our affiliates, and any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
By submitting User Content, you represent and warrant that (a) you are its sole author, that it originated with you and was not copied in whole or in part from any other work, and/or that you own or otherwise control all the intellectual property rights to it; (b) if necessary, you have obtained all permissions associated with it, including without limitation permissions relating to intellectual property, rights of publicity and/or rights of privacy; (c) it does not contain hate speech or profanity, is not libelous, obscene, injurious to third parties, otherwise objectionable (as determined by us), or in violation of this Agreement; (d) that you are not a minor and have the legal right and capacity to enter into and comply with these terms; and (e) it is not composed of and does not contain software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You agree to use your own email address to submit all User Content. YOUR SUBMISSION OF USER CONTENT CONSTITUTES AN AGREEMENT THAT YOU WILL DEFEND, INDEMNIFY, AND HOLD US HARMLESS FOR ALL CLAIMS RESULTING FROM USER CONTENT YOU SUPPLY.
You agree that if you violate any of these representations and warranties, we have the right, at any time, without notice and without limiting any and all other rights we may have in law or equity, to (a) refuse to allow you to submit further User Content; (b) remove and delete your User Content; (c) revoke your registration and right to submit User Content; and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your email address, your user name, and your password.
Subject to these terms, your submission of User Content grants us permission, in connection with our use of User Content, to use your name, alias, and any other information (provided by you) for attribution purposes, and to share that information with our affiliates and on other sites. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in such User Content. We are not responsible for the similarity of any of our content or programming in any media to User Content submitted by you. Any and all rights granted in this section are granted without the need for any compensation to you in any form. User Content does not reflect our views, and we do not represent or guarantee the truthfulness, accuracy, completeness, timeliness or reliability of any User Content, nor endorse or support any opinions expressed in any User Content.
You acknowledge that we do not regularly review posted User Content. You agree that we have the right (but not the obligation) to monitor and edit or remove any activity or User Content, and that under no circumstances shall we take responsibility or assume liability for any User Content posted by you or any third party.
AMERICAN-UTV DOES NOT ENDORSE, ARE NOT RESPONSIBLE FOR USER CONTENT, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITES.
PRICING, PRODUCT DESCRIPTIONS, AND RESELLERS
American-UTV makes every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced due to administrative or other errors. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. In addition, if we determine, in our sole discretion, that you are a reseller or commercial entity, we reserve the right to cancel your order.
PROMOTIONS
These terms and conditions apply to promotions redeemable with a promotional code on american-utv.com.
- All promotional offers are valid for a limited time.
- American-UTV reserves the right to modify or cancel the offer at any time.
- All promotional offers are valid for a one time use per user/account.
- May not be combined with other offers.
- Each promotional code applies only to qualifying items. Exclusions may vary.
- If the offer has a minimum purchase requirement, taxes and shipping do not apply when determining the minimum purchase amount.
- Promotional Offer has no cash value.
- If any of the products are returned in which the offer was applied then your refund will reflect the amount you paid including the discounts. See our Returns Policy for further details.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AMERICAN-UTV DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES; OUR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
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 MIGHT HAVE ADDITIONAL RIGHTS.
