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Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.offroadoverlandunlimited.com/ website (the "Website") operated by Walters Truck & Trailer Repair, Inc. d/b/a/ Offroad & Overland Unlimited (“Offroad & Overland Unlimited”, "us", "we", or "our").
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, customers, users and others who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Website.
By accepting the Terms through your use of the Website, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Website under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Website. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Website, including all financial charges and legal liability that such child may incur.
All products offered for sale or rental on the Website are meant to be used solely for the manufacturer’s intended use. Offroad & Overland Unlimited shall be held harmless for any misuse, misapplication, or improper installation of products offered for sale or rental on the Website. The purpose of the Website is solely for the sale or rental of goods. Offroad & Overland Unlimited makes no representations or warranties as to the suitability, intended or potential use(s) of any product offered for sale or rental on the Website. Offroad & Overland Unlimited is not providing any advice or services related to the installation of any products offered for sale or rental on the Website. All products offered for sale or rental on the Website should be installed by a certified professional, consistent with the product’s intended use. Purchasers are solely responsible for the decision to purchase or rent any products offered for sale or rental on the Website.
Certain products offered for sale or rental on the Website are intended only for off-road use. Such products shall not be used on any publicly maintained road. No product offered for sale or rental on the Website shall be used in contravention of any federal, state, or local law, ordinance, or resolution.
Our Website may contain links to third party websites or services that are not owned or controlled by Offroad & Overland Unlimited.
Offroad & Overland Unlimited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Offroad & Overland Unlimited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
All content, text, images, data, information, and other material ("Content") displayed, available or present on this Website, including any trademarks or copyrights, are the property of Offroad & Overland Unlimited or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Offroad & Overland Unlimited, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this Website. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Website or any Content without the prior written permission of Offroad & Overland Unlimited.
Offroad & Overland Unlimited’s acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. We strive to provide accurate information on the Website, but we cannot and do not guarantee the accuracy of all information about items on the Website. You understand that information about items on the Website, including, without limitation, price, availability, specifications and images, may be incomplete or inaccurate. If we determine that information about an item you ordered is inaccurate or incomplete, we reserve the right to cancel that order and refund any applicable charges.
We may terminate or suspend your access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Offroad & Overland Unlimited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) purchases or rentals made on the Website, (ii) your use and access of the Website, (iii) a breach of these Terms and Conditions, (iv) online conduct, or (v) dealings or transactions with other persons resulting from use of this Website. By purchasing or renting any product offered on the Website, you are doing so at your own risk.
In no event shall Offroad & Overland Unlimited nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any product purchased or rented through the Website, (iv) any content obtained from the Website; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, suitability, fitness for a particular purpose, non-infringement or course of performance.
Offroad & Overland Unlimited its subsidiaries, affiliates, and its licensors do not warrant that
a) the Website will function uninterrupted, secure, or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
This Website, these Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of law principles. The state and federal courts located in Lexington, Kentucky shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Website or these Terms and Conditions. By utilizing this Website, you agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Lexington, Kentucky.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
If you have any questions about these Terms, please contact us.
By email: info@offroadoverlandunlimited.com
By Phone: 502-591-6050
