Trail City LLC website Terms and Conditions, Identified URL online as www.trailcity4x4.com
Trail City LLC is the legal name of our corporation. Let it be known to all users that conditions and policies laid out in the terms and conditions section of this website apply to any all activity incurred on the website www.trailcity4x4.com. Trailcity4x4.com is the online representation and store front for Trail City LLC. However, www.trailcity4x4.com terms, conditions, and policies related to online sales apply only to transactions that occur on our site and may vary from policies applicable in our physical stores. In terms of information and pricing on our website, let it be known to all that all product, prices, and information available on our website will not necessarily be the same as they are in our physical stores.
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
TERMS AND CONDITIONS
ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.
MODIFICATION / EDITING / DELETING
We reserve the right in our sole discretion to modify, edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you use this site, 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, our dealers, partners and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO OPEN A USER ACCOUNT ON OUR SITE. NOTE: PERSONS UNDER 18: Your attempt, whether a success or failure, to open an account on our site is a declaration from you to us that you are of the proper age to use our site or are attempting to access our site with the supervision of a parent or legal guardian. Our site does not sell products for purchase by minors. We sell products desirable to minors for purchase by adults. If you are under 18, you may use this site only with the supervision of a parent or legal guardian.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
LIMITED RIGHT TO USE
Viewing, printing or downloading of any content, graphic, logo, page design, form or document from the site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use, thus not to be used for resale or redistribution.
Information you can access at this site include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications preferences, and address book); payment settings (including credit card information and gift certificate, gift card, and check balances); e-mail notification settings; guides, and personal profile.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and related matters of the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The redistribution, copying, usage or publication by you of any such site property or any part of the site, except as allowed by Limited Right to Use, is strictly prohibited. You do not acquire ownership rights to any logos, design, content, document or other materials viewed, downloaded, copied or printed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. All above mentioned articles of property are the sole and exclusive property of Trail City LLC.
By opening a user account you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Trail City LLC in its sole discretion. If membership has been revoked, Trail City LLC reserves the right to refuse application or readmission for a user account or membership program.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
RISK OF LOSS
All items whether purchased, viewed, downloaded or printed from this site are made pursuant to a delivery and/or shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the stated carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
NEITHER WE NOR OUR DEALERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DEALERS 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 THIS SITE, IT’S SERVERS, OR E-MAIL SENT FROM US, OUR DEALERS OR AFFILIATES FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE, OUR DEALERS AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
FEDERAL EXCISE TAX
All tires are subject to Federal Excise Tax. Federal Excise Tax is a federal government luxury tax that is determined by the weight of the tire. Trail City LLC does not set these prices, nor do we have control of the pricing. These associated taxes have been already calculated by our site and included in the price of the tire.
All Purchases of wheels and/or tires may require the need to purchase additional components such as lug nuts, lug bolts, valve stems and/or additional services such as mounting or balancing that may or may not be sold to you by Trail City LLC. Some suspension kits, body lifts, lift kits and/or lowering kits require additional components. Shipping charges on warranty or return merchandise is the sole responsibility of the customer. It is the customer's responsibility to check for your particular state's laws in regard to the parts that you are purchasing. Trail City LLC does not assume responsibility for the legality of the parts that you are purchasing.
We will make every attempt to supply our users with correct and up to date pricing. However, we realize that our site may not always be free of errors with regard to price. If an incorrect price is found on the site, you will be notified immediately of the correct price and asked if you would like to continue with your transaction. In the event of a pricing issue such as described above, Trail City LLC, reserves the right to void any transaction, cancel any order, and stop any refund or return process if we feel that it may be affected by an incorrect pricing issue.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fee, related to your violation of this Agreement or use of the Site.
PRIVACY AND ELECTRONIC COMMUNICATION
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO OPEN A USER ACCOUNT ON OUR SITE. NOTE: PERSONS UNDER 18: Our site does not sell products for purchase by minors. We sell products desirable to minors for purchase by adults. If you are under 18, you may use this site only with the involvement of a parent or guardian.
From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you with updates, changes or cancellations of your order. Administrative e-mails will not contain promotional materials. If you choose to receive our News Letters, they will contain promotional materials from Trail City LLC.
USE OF INFORMATION
At Trail City LLC your privacy is of the utmost importance to us. We are committed to protecting your privacy at all times, in all situations. The information we collect about you when you become a user is used to process your orders and to provide a more personalized experience on our site. However, we at Trail City LLC, do not guarantee complete security on stored information, however, we have installed and applied our encrypted pages and installed our SSL certificate to prevent stolen information. When you become a Trail City LLC account user, we ask you to provide information such as: your name, address and e-mail address and in some cases details about your vehicle. Trail City LLC will NOT share data with trusted partners to help us perform statistical analysis. Your name and address information is used solely to process orders unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order fulfillment. Your demographic information (gender, date of birth, etc.) will be used for several security purposes, to ensure you are who you say you are and in fact you are paying with your own credit cards and not someone else’s.
Our Use of Log Files
When you visit our site we automatically log your IP address, your browser type and your access times. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our site). This data helps us to determine what content our users find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable information.
All Trail City LLC employees take your personal information very seriously. All employees must learn and obey our security policies. Access to member personal information is limited to key management personnel and our online sales and user services department. The information is ID and password protected and our Web security is reviewed on a monthly basis. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Correcting/Updating Your Personal Information
Upon becoming a Trail City LLC account user you may correct/update your personal information. The changes you make will be reflected in our databases instantly. If you wish to deactivate your account, you may contact our customer service group through the 'Contact Us' section.
Links to Other Sites
Information You Give Us
You provide information when you search, buy, bid, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through this site or one of our third-party sellers; make an auction bid or purchase; provide information in your account (and you might have more than one if you have used more than one e-mail address when shopping with us) or about you; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; provide employer information when opening a corporate account. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; people (with addresses and phone numbers); e-mail addresses of other people; content of reviews and e-mails to us; and financial information, including social security and driver's license numbers.
Information from Other Sources
Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search results and links, including paid listings (such as Sponsored Links from Google); and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
Account details and Information about our users are an important part of our business, and we are not in the business of selling, trading, posting or giving away any user information or account details to others. We share customer information only as described below controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
For Affiliated Businesses We Do Not Control
We work closely with our affiliated businesses. You can tell when a third party is involved in your transactions, and we share user information related to those transactions with that third party.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from user lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
For Promotional Offers
Sometimes we send offers to selected groups of customers on behalf of other businesses. When we do this, we do not give that business your name and address, nor any other user account information or details.
For Business Transfers
As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that we are acquired or assigned, user information will of course be one of the transferred assets.
For Protection of our Site, Physical Store and Others
We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions of Use and other agreements; or protect the rights, property, or safety of this company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from users for commercial purposes in violation of the commitments set forth in this Privacy Notice.
With Your Consent
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by any Merchants. All Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service, and Site policies. We are not a party to the transactions entered into between you and any Merchants. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
CONDITIONS OF USE, NOTICES, AND REVISIONS
If you choose to visit this site, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of Ohio. If you have any concern about privacy at this site, please contact us with a thorough description, and we will try to resolve it.
Our business changes constantly, and our Privacy Notice and the Terms and Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.