Terms and Conditions
A Rhys Millen Racing Website Agreement
1.Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are Rhys Millen Racing, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Rhys Millen Racing a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Rhys Millen Racing by all means and in any media now known or hereafter developed. You also grant to Trail Wax the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Trail Wax for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Rhys Millen Racing.
2. Use of the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Rhys Millen Racing PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Rhys Millen Racing SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Rhys Millen Racing DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.LIMITATION OF LIABILITY IN NO EVENT WILL TAP BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TRAIL WAX OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Rhys Millen Racing LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Rhys Millen Racing makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- Rhys Millen Racing website, please understand that it is independent from Rhys Millen Racing, and that Rhys Millen Racing has no control over the content on that Web site. In addition, a link to a Rhys Millen Racing website does not mean that Rhys Millen Racing endorses or accepts any responsibility for the content, or the use, of such Web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Rhys Millen Racing, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, including negligent or wrongful conduct) by you or any other person accessing the Service.
4.Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Rhys Millen Racing and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between Rhys Millen Racing and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Rhys Millen RacingC failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Rhys Millen Racing may assign its rights and duties under this Agreement to any party at any time without notice to you.
7. Misprint.
Rhys Millen Racing is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by Rhys Millen Racing.
8. Reservation of Rights.
Any rights not expressly granted herein are reserved.
9. No Presence Outside of California.
All internet and mail order sales are transacted by Rhys Millen Racing, which has no presence outside the state of California. Any returns should be sent to Rhys Millen Racing.
10. Warranty Disclaimer .
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied.
11. Refund Policy.
If a product is ordered and not wanted, the UNUSED item can be returned for a 20% restocking fee. Shipping is not refundable in either direction. All items wanting to be return MUST be reported within 30 days of the original invoice date. No items will be returnable after 30 days. Rhys Millen Racing does not refund shipping charges. If you modify, install, or alter the item in any form, we cannot accept it as a return and you maybe be required to purchase a replacement. In the event that the product you ordered is sent either incorrectly or processed wrong by Rhys Millen Racing, we will arrange for the package to come back to us and ship out a replacement. We will evaluate the situation before we determine the shipment was incorrect. In the event a product arrives damaged to your location, please follow the steps listed below. All damaged items must be reported to the shipping carrier immediately and you must notify Rhys Millen Racing within 5 days of receiving your order. If these steps are not followed, your shipment may not be able to be a candidate for the insurance claim. – Take pictures of the damaged area of the product and email them to us at sales@rmrproducts.com. – Keep the product and its original packaging and box. – Make a list of the damaged or lost item(s) – Rhys Millen Racing will contact the shipper once we receive the email info above to schedule a pickup, DO NOT send it back to us. – Once the product is picked up and inspected by shipping company, a replacement will be sent. COPYRIGHT NOTICE. Copyright 2019. Rhys Millen Racing, Huntington Beach, CA USA. All rights reserved.