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Terms and Conditions
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Welcome to Off Road North America. The following terms and conditions
(collectively referred to as the "Agreement") govern the Off Road North America
Member Service offered by Off Road North America to Off Road North America Members.
By registering with Off Road North America and/or using any of the services
offered by Off Road North America, you agree to abide by these terms and conditions.
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1. Definitions
An Off Road North America Member is an individual that registers with
Off Road North America in order to set up an account and use the
Off Road North America Member Service.
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2. Terms of Off Road North America Member Service
The Off Road North America Member Service is provided to Off Road North America
Members under this Agreement and under any operating policies that
Off Road North America may establish, which once established become part
of this Agreement. Off Road North America may make changes to this Agreement
and an Off Road North America Member's continued use of the Off Road North America
Member Service constitutes the Member's acceptance of any such changes.
Notice of changes will be posted on the Off Road North America Web site.
Currently, the Off Road North America Member Service is free to Off Road North America
Members, although Off Road North America reserves the right to charge for
it in the future. Off Road North America reserves the right to modify or
discontinue the Off Road North America Member Service or any feature of
the Off Road North America Member Service, temporarily or permanently,
without notice to the Off Road North America Member, and the Member agrees
that Off Road North America shall not be liable for any such modifications
or any discontinuation of service.
By registering with Off Road North America, the Off Road North America Member
agrees not to resell for commercial purposes the Off Road North America
Member Service, or use of or access to the service.
The Off Road North America Member agrees to provide accurate, current and
complete information to Off Road North America when registering, and to
let Off Road North America know of any changes to this information.
Failure to do so may result in termination.
The Off Road North America Member Service is only available to individuals
13 years of age or older. By registering and using the Off Road North America
Member Service, the Off Road North America Member represents that he or she
is 13 years of age or older.
As part of the registration process for the Off Road North America Member
Service, a password will be chosen by the Off Road North America Member.
The Off Road North America Member is solely responsible for keeping the
password confidential. The Off Road North America Member also is solely
responsible for all activities that occur under the Member's password
or account. The Off Road North America Member should notify Off Road North America
of any unauthorized use of the Member's password or account, or any
other breach of security.
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3. Termination of Relationships
Off Road North America may at its sole discretion change, terminate,
or bar access by a Off Road North America Member to his or her Off Road North America
account, with or without notice to the Member and without any
liability to you.
An Off Road North America Member may terminate his or her account for any
reason. To do so, the Off Road North America Member should use his or her
Off Road North America Member account or send an email to
webmaster.
The following provisions of the Agreement survive its termination:
Proprietary Rights, Disclaimer of Warranties, Limitations of Liability,
and Indemnification, even though termination shall prevent the terminated
party from using any service offered by Off Road North America.
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4. Proprietary Rights
Off Road North America is the owner of the Off Road North America name and
mark and related Off Road North America formative marks (collectively
referred to as the "Off Road North America name and marks").
Off Road North America retains exclusive control over the advertising
and use of the Off Road North America name and marks.
Content available via Off Road North America, including, without limitation,
text, graphics, software, music, sound, photographs, and videos, and
any content provided by any third-party advertiser, may be protected
by copyrights, trademarks, service marks, patents or other proprietary
rights or laws. An Off Road North America Member may download one copy of
this content for his or her personal use only, as long as the Member
keeps all copyright and other proprietary notices intact. All other
copying, use, distribution or creation of derivative works of the
content available via Off Road North America is expressly prohibited
unless otherwise expressly authorized by Off Road North America or the
applicable advertiser.
Off Road North America Members may not "frame" any content into
Off Road North America's Web site or "frame" content from
Off Road North America's Web site into any other site.
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5. Off Road North America Member Service Availability
Although Off Road North America strives to maintain the availability of
its Off Road North America Member Service 24 hours a day, it makes no
representation or promise that the Off Road North America Member Service
will always be available, and the Off Road North America Member agrees
that Off Road North America is not liable to you or any third party for
the temporary or permanent unavailability of the Off Road North America
Member Service.
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6. DISCLAIMER OF WARRANTIES
Off Road North America's SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED
BY Off Road North America IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, Off Road North America DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Off Road North America DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY Off Road North America
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS,
IF ANY, WILL BE CORRECTED; NOR DOES Off Road North America MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE
OFFERED BY Off Road North America OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY Off Road North America.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY Off Road North America
IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Off Road North America DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ANY SERVICE OFFERED BY
Off Road North America, THE Off Road North America NETWORK, OR ANY TRANSACTIONS
ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY Off Road North America.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Off Road North America OR THROUGH ANY SERVICE OFFERED BY Off Road North America
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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7. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
SHALL Off Road North America BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE
OR THE INABILITY TO USE ANY SERVICE OFFERED BY Off Road North America,
OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH
ANY SERVICE OFFERED BY Off Road North America, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA,
OR OTHER INTANGIBLES, EVEN IF Off Road North America HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT Off Road North America DOES NOT ENDORSE THE SUBJECT MATTER
OF ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS
SERVICE. YOU ALSO AGREE THAT Off Road North America SHALL NOT BE
RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE
OFFERED BY Off Road North America. IF YOU ARE DISSATISFIED WITH ANY
SERVICE OFFERED BY Off Road North America, YOUR EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
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8. Indemnification
You agree to indemnify, defend, and hold harmless Off Road North America
from any claim, action, demand, or damage, including reasonable
attorney's fees, made by any third party or governmental agency
arising out of or related to your use of any service offered by
Off Road North America or your violation of this Agreement, including
without limitation, claims or suits for libel, violation of rights of
privacy or publicity, interference with property rights, trespass,
copyright infringement, trademark infringement, patent infringement
or plagiarism. Off Road North America may, at its sole discretion, assume
the exclusive defense and control of any matter subject to indemnification
by you. The assumption of such defense or control by Off Road North America,
however, shall not excuse any of your indemnity obligations.
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9. Binding Effect of the Agreement
All clauses and covenants contained in this Agreement are severable
and in the event any of them is held to be invalid by any court, this
Agreement will be interpreted as if such invalid clauses and covenants
were not contained herein.
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