© 2022 Power Trucks USA. All rights reserved.
Agreement Between User and Powertrucksusa.com
Welcome to powertrucksusa.com. powertrucksusa.com (hereafter known as the “Site”) is composed of various Web pages operated by Power Trucks USA. powertrucksusa.com is offered to you conditionally upon your acceptance, without modification, of the terms, conditions, and notices contained herein (hereafter known as the “Terms”). Your use of powertrucksusa.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. powertrucksusa.com is an ecommerce site offering auto and truck accessories.
Visiting the Site or sending emails to Power Trucks USA constitutes electronic communication. You consent to receive electronic communication from us, and you agree that all agreements, notices, disclosures, and other communication that we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication be in writing.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer; further, you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Power Trucks USA is not responsible for any third-party access to your account that results from theft or misappropriation of your account. Power Trucks USA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Power Trucks USA does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under age 18, you may use the Site only with the permission of a parent or guardian.
Products returned in new condition within 30 days will be fully refunded.
Links to Third-Party Sites and the Use of Third-Party Services
The Site may contain links to other websites (hereafter known as “Linked Sites”). Linked Sites are not under the control of Power Trucks USA, which is further not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Power Trucks USA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Power Trucks USA of the site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site’s domain, you hereby acknowledge and consent that Power Trucks USA may share such information and data with any third-party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a nonexclusive, nontransferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Power Trucks USA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the service-such as text, graphics, logos, images, or the compilation thereof, and any software used on the Site-is the property of Power Trucks USA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Power Trucks USA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Power Trucks USA and the copyright owner. You agree that you do not acquire any ownership rights of any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Power Trucks USA or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated, and administered by Power Trucks USA from our offices within the United States. If you access the service from a location outside the US, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Power Trucks USA, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising from your use of or inability to use the Site or services; any user postings made by you; your violation of any part of these Terms; your violation of any rights of a third party; or your violation of any applicable laws, rules, or regulations. Power Trucks USA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Power Trucks USA in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association or a similar arbitration service selected by the parties in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that result from these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POWER TRUCKS USA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. POWER TRUCKS USA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. POWER TRUCKS USA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWER TRUCKS USA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, NOR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, THOSE FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE; FOR THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES; FOR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES; OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF POWER TRUCKS USA OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Power Trucks USA reserves the right, at its sole discretion, to terminate your access to the Site and related services, or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Virginia; you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Power Trucks USA as a result of these Terms or use of the Site. Power Trucks USA’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of Power Trucks USA’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Power Trucks USA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Power Trucks USA with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Power Trucks USA with respect to the Site. A printed version of these Terms or any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
Power Trucks USA reserves the right, at its sole discretion, to change the Terms under which the Site is offered. The most current version of these Terms will supersede all previous versions. Power Trucks USA encourages you to periodically review the Terms to stay informed of our updates.
Power Trucks USA welcomes your questions or comments regarding these Terms:
Power Trucks USA
9107 Mathis Ave, Manassas, VA 20110
Effective as of October 2, 2018.
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