Rally Innovations Website Agreement
The rallyinnovations.com Web Site (the "Site") is an online information service provided by Rally Innovations ("rallyinnovations.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. rallyinnovations.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions (Top)
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are rallyinnovations.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to rallyinnovations.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to rallyinnovations.com by all means and in any media now known or hereafter developed. You also grant to rallyinnovations.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against rallyinnovations.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to rallyinnovations.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of rallyinnovations.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site (Top)
You understand that, except for information, products or services clearly identified as being supplied by rallyinnovations.com, rallyinnovations.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for rallyinnovations.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with rallyinnovations.com a. You also understand that rallyinnovations.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. rallyinnovations.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND rallyinnovations.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. rallyinnovations.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. rallyinnovations.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL rallyinnovations.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF rallyinnovations.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, rallyinnovations.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
rallyinnovations.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-rallyinnovations.com web site, please understand that it is independent from rallyinnovations.com, and that rallyinnovations.com has no control over the content on that web site. In addition, a link to a rallyinnovations.com web site does not mean that rallyinnovations.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless rallyinnovations.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights. (Top)
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of rallyinnovations.com and its officers, directors, 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.
5.Term; Termination. (Top)
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Products (Top)
All Rally Innovations products are for OFF ROAD USE ONLY and may not be used in conjunction with a vehicle equipped with factor airbag(s). Check your state and local laws regarding the use of any performance product(s).
If there is any specific application question please contact Rally Innovations or a Rally Innovations distributor before purchasing to verify application/ fitment. Using parts not intended for an application can result in breakage or personal damage and is not recommended.
7. Custom Fabrication (Top)
Custom fabrication and installation: We are not a general repair shop. We are a custom fabrication shop dedicated to the work on race cars that are meant for race use only. We hold no responsibility on the legality of a customer's car for the use of public roads. We offer no warranty on products installed by someone else besides Rally Innovations and only warranty our workmanship. Our warranty is valid for 30 Calendar days, which covers any defects on our work. No refunds will be given for our labor. Labor sales are final.
8. Orders (Top)
All orders placed with Rally Innovations (phone, fax & mail) constitute the acknowledgement and acceptance of all conditions listed on Rally Innovations Disclaimer and all conditions listed below. All parts shall remain the property of Rally Innovations until paid for in full. ALL orders shipped to a California address must pay 8.75% California sales tax. All prices, materials, design, color, contents included with a product, and product specifications are subject to change without notice. Some product images may be shown with optional items that are sold separately. Depending on the product(s) ordered and the destination of the order, certain shipping services may not be available. Rally Innovations reserves the right to change the method of shipping suited to the product(s) ordered and the destination of the package(s).
All special orders (personalized/customized/specially fitted) items must be paid in full at the time of order. All special orders and custom orders will be processed in the most timely and efficient manner possible; however, Rally Innovations will not be held responsible for delays above and beyond its control. No cancellations, refunds, or exchanges on special order items or custom order items.
9. Returns (Top)
ALL returns for exchange or refund will be allowed only within 30 calendar days from the date of invoice. All authorized return merchandise must be unused and in its original saleable packaging. No return or exchange on merchandise that shows signs of having been installed, modified, mounted, scratched, or defaced will be allowed. No warranty or return will be valid if the defect was caused by abuse, negligence and/or mishandling. Rally Innovations reserves the right to make this determination. Rally Innovations reserves all rights for determination and execution for all warranty and return claims which are subject to submission to the manufacturer for inspection and approval for repair, replacement or refund of merchandise. Rally Innovations is not responsible for any incidental or consequential damages. The Customer will be responsible for all shipping and handling fees including a 20% re-stocking fee if the return is accepted. No labor or inconvenience may be included in any claims.
10. Warranty (Top)
ALL warranty is available to the original owner and is non-transferable. Receipts or invoices must be provided during a warranty claim.
IT IS THE CUSTOMERS RESPONSIBILITY TO RETAIN ANY AND ALL INVOICES FOR THEIR RECORD AND WARRANTY OR RETURN CLAIMS.
If shipping damage has occurred, it is the customer’s responsibility to immediately document the damage and contact Rally Innovations as soon as possible. Rally Innovations must validate claim before any information is sent to Rally Innovations headquarters regarding the claim. If defect or damage was caused by mishandling during shipment photographic documentation is mandatory for product or monetary re-imbursement and must be sent to Rally Innovations via e-mail to firstname.lastname@example.org or mail to:
3355 E. Miraloma Ave Suite #165
Anaheim, CA 92806
Included should be your invoice number, contact information, photographic documentation, as well as a brief description.
Rally Innovations believes in a 100% Satisfaction guarantee within reason. Rally Innovations reserves the right to make this determination which may vary from case to case.
11. Miscellaneous (Top)
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between rallyinnovations.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. rallyinnovations.com's failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. rallyinnovations.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
12. Disclaimer on Rally Innovations Products
Buyers assume all risk and liability whatsoever for the installation and the use of Rally Innovations products. Rally Innovations products are sold as decorative accessories and should not be relied upon as protection for the vehicle or occupants in the event of a collision or roll over. Vehicles equipped with a supplemental restraint system (air bag) deployed by impact should not be modified by any aftermarket Light Bar or Skid Guard without first consulting the vehicle manufacturer. Rally Innovations, a subsidiary of Pentech Automotive assumes no liability for injury, loss, incidental or consequential damages in the event of a collision or roll over.
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