mxDeals.com: terms of service
THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN Pacific Crest Offroad Group (`MXDEALS` or `MXDEALS.COM` or `we`) AND YOU (`you`). IF YOU VISIT, USE, OR SHOP AT mxDeals.COM, YOU ACCEPT THESE TERMS.
MINIMUM AGE REQUIREMENT
mxDeals.com is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using this site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use mxDeals only with the permission and involvement of a parent or guardian.
PRIVACY POLICY
Please read our Privacy Policy, which is incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to mxDeals. You acknowledge that mxDeals may preserve content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of mxDeals, Site users, and the public.
CUSTOMER SUPPORT
You may contact mxDeals by sending an email to webmaster@mxdeals.com. You acknowledge that the provision of customer support is at our sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an account and that you submit your customer support inquiries using such account.
PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We sometimes make mistakes like eceryone else and therefore we do not warrant that product specifications, pricing, or other content on mxDeals is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, mxDeals shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
ELECTRONIC COMMUNICATIONS
You agree to electronic communication for all of your transactions and communication with mxDeals. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION
Except as otherwise provided in this Terms of Service, mxDeals will give you any notices by posting them on this site, and you agree that such posting will constitute effective notice. You authorize mxDeals to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if mxDeals decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by mxDeals to the address that you have most recently provided will constitute effective notice.
MODIFICATIONS TO TERMS AND SITES
You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms of Service and our Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms of Service to the site. Your continued use of mxDeals following the posting of changes to these Terms of Service will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, mxDeals.com (or any part thereof) without notice.
PROTECTION OF SITE CONTENT
mxDeals.com is protected by U.S. and international intellectual property laws, which you agree to respect. All content on mxDeals, including but not limited to text, logos, icons, images, graphics, as well as the collection, arrangement, and assembly of such content, is the exclusive property of mxDeals. All software used on mxDeals.com is the property of mxDeals or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms of Service, your access to mxDeals, and/or your Account, or suspend or block your access to mxDeals. You will still be liable for any breaches of these Terms of Service and/or obligations incurred before the Terms of Service end. If you use mxDeals.com after termination of these Terms of Service, that use will constitute your agreement to the Terms of Service then posted on mxDeals.
INDEMNIFICATION
As a condition of your access to and use of mxDeals, you agree to hold Pacific Crest Offroad Group (mxDeals.com), and its subsidiaries, affiliates, officers, directors, employees, webmasters, independant contractors, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of mxDeals and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of mxDeals; (iv) mxDeals' resolution (if any) of any dispute you have or claim to have with one or more users of mxDeals; (v) your improper authorization for mxDeals to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that mxDeals disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) mxDeals will have the right but not the obligation to resolve disputes between users relating to our site and mxDeals' resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) mxDeals' resolution of a dispute will be final with respect to our site.
DISCLAIMER OF WARRANTIES
YOU USE MXDEALS AND CONTENT AT YOUR OWN RISK. THE SITE IS PROVIDED BY MXDEALS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MXDEALS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MXDEALS OR THE INFORMATION OR CONTENT INCLUDED ON MXDEALS. MXDEALS MAKES NO REPRESENTATIONS OR WARRANTIES THAT MXDEALS WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MXDEALS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER Pacific Crest Offroad Group (MXDEALS), NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF Pacific Crest Offroad Group (MXDEALS) AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
ADDITIONAL TERMS
Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of mxDeals. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of mxDeals will be null and void. mxDeals shall have the right to transfer, assign and/or delegate these Terms of Service to one or more third parties without your permission.
Jurisdiction; Choice of Law; Export Limitations. mxDeals is controlled by us from our office within the United States of America. If you choose to access mxDeals from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from mxDeals in violation of U.S. export laws and regulations or the Terms. These Terms and Service and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of mxDeals will be governed by the laws of the State of Oregon, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and MXDEALS agree to submit to the personal and exclusive jurisdiction of the courts located within Jackson County, Oregon. Any disputes regarding such claims or arising under or related in any way to these Terms of Service or mxDeals shall be heard exclusively in the appropriate forum in Oregon. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Oregon or federal law.
Limitations on Actions. Any action concerning any dispute you may have with respect to mxDeals must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the "Entire Agreement") between you and mxDeals with respect to the use of mxDeals and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
No Waiver. The failure of mxDeals to exercise or enforce any right or provision of these Terms of Service, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or mxDeals' right to act with respect to subsequent or similar breaches.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider mxDeals that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
MXDEALS WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY MXDEALS TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE MXDEALS PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY MXDEALS, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO MXDEALS COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE COPYRIGHT OWNERSHIP: © Pacific Crest Offroad Group (MXDEALS) All rights reserved.
All content on mxDeals is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.
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