Terms of Service
Last Revised: March 9, 2016
1. ACCEPTANCE OF TERMS
This website is duly owned and operated by Cruiser Accessories, LLC & Rock Tamers, LLC (“Company”). Company permits access to and use of Imagewire and www.cruiserframes.com. The sites and the related products and services, including any related mobile apps (collectively, the “Service”), subject to the following Terms of Service (“TOS”). Company may, at its discretion, update the TOS at any time. You can access and review the most current version of the TOS at the URL for this page or by clicking on the “Terms of Service” link at the bottom of each page of the Service or as otherwise made available by Company.
PLEASE REVIEW THE TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS, DO NOT ACCESS OR USE THIS SERVICE.
You represent and warrant that you are: (i) over eighteen years of age or the age of majority in our jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.
3. GRANT OF RIGHTS
(a) Subject to your compliance with the TOS in all material respects, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and view pages from the Service for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only.
(b) To the extent that the Service provides access to any software, applications, learning modules or other similar components, then, subject to your compliance with the TOS in all material respects, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by Company and only for your personal, non-commercial purposes.
(c) Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Company.
(a) You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company reasonably suspects that you have done so, Company may suspend or terminate your account.
(b) You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Company immediately of any unauthorized use of your account or password or any other similar breach of security.
5. RIGHTS TO CONTENT
(a) You acknowledge and agree that Company owns all right, title and interest of the content, trademarks, logos, copyrights and other intellectual property available on the Service. However, the Company grants its Registered users a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to access and use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly display the content as necessary to support the operation of or sale of the Service. You understand that the technical processing and transmission of data associated with the Service may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(b) Except with respect to a Registered user’s rights you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content for your own benefit and not the benefit of the Service; (ii) misrepresent any Content or Service; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or (iv) access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Company. Company reserves all rights not expressly granted to you.
6. USER CONDUCT
In connection with your access to or use of the Service, you shall not:
(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
(b) impersonate any person or entity, including, but not limited to, Company personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) act in a manner that negatively affects the ability of other users to access or use the Service;
(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) use spiders, crawlers, robots or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service;
(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
(i) violate any applicable local, state, federal or international law or regulation.
If you elect to provide or make available to Company any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), Company shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.
8. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are covered by the Authorized Sales Representative Agreement and Authorized Retailer and Authorized Distributor Agreements.
9. MODIFICATIONS TO THE SERVICE
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
You agree to indemnify and hold Company and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Company Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOS or any law or regulation; or (c) violation of any rights of another party.
11. TERMINATION AND SURVIVAL
In the event that you violate the TOS, all rights granted to you under the TOS shall be terminated immediately, with or without notice, and Company, in its sole discretion, may require you to destroy Company Content. The provisions of the TOS that should by their nature survive termination of the TOS shall survive such termination.
12. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) COMPANY PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
13. LIMITATION OF LIABILITY
(a) YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF COMPANY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED $50.
(b) 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 MAY HAVE ADDITIONAL RIGHTS.
14. GOVERNING LAW
The TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Colorado, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOS.
You and Company may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
15. NO THIRD-PARTY BENEFICIARIES
You acknowledge and agree that the TOS is concluded between you and Company only and not with any of Company’s licensors or vendors (collectively, “Other Parties”), and Other Parties are not responsible for the Service and the contents thereof. Other Parties have no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Company, not Other Parties, is responsible for addressing any claims from you or any third party relating to the Service or your access to or use of the Service, including, but not limited to, product liability claims, any claim that the Service fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation. Other Parties are third-party beneficiaries of the TOS, and Other Parties shall have the right (and will be deemed to have accepted the right) to enforce the TOS against you as a third-party beneficiary hereof. Company, not Other Parties, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to the Service.
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to the TOS.
16. GENERAL PROVISIONS
The TOS constitutes the entire agreement between you and Company concerning your access to and use of the Service. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOS.