TERMS & CONDITIONS
July 7, 2020
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Xtrusion Designs LLC (hereinafter " Xtrusion Designs"), a company duly organized and validly existing. This Agreement annuls and voids all previous agreements.
The Site (www.xtrusion-overland.com) is operated by Xtrusion Designs. Throughout the Site, the terms "we", "us" and "our" refer to Xtrusion Designs. Xtrusion Designs offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of http://www.xtrusion-overland.com. The collective work includes works that are licensed to http://www.xtrusion-overland.com. Copyright 2020, http://www.xtrusion-overland.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with http://www.xtrusion-overland.com or purchasing http://www.xtrusion-overland.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with http://www.xtrusion-overland.com or to purchase http://www.xtrusion-overland.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by http://www.xtrusion-overland.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of http://www.xtrusion-overland.com used in the site are trademarks or registered trademarks of http://www.xtrusion-overland.com
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, http://www.xtrusion-overland.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. http://www.xtrusion-overland.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. http://www.xtrusion-overland.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
http://www.xtrusion-overland.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if http://www.xtrusion-overland.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a http://www.xtrusion-overland.com product is mistakenly listed at an incorrect price, http://www.xtrusion-overland.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. http://www.xtrusion-overland.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, http://www.xtrusion-overland.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by http://www.xtrusion-overland.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
http://www.xtrusion-overland.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to http://www.xtrusion-overland.com.
Your use of this site shall be governed in all respects by the laws of the state of Kansas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of http://www.xtrusion-overland.com products) shall be in the state or federal courts located in Butler County, Kansas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of http://www.xtrusion-overland.com products) must be commenced within one (1) year after the claim or cause of action arises. http://www.xtrusion-overland.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. http://www.xtrusion-overland.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a http://www.xtrusion-overland.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
http://www.xtrusion-overland.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, http://www.xtrusion-overland.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, http://www.xtrusion-overland.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to http://www.xtrusion-overland.com in its sole discretion.
In the event you have a dispute, you agree to release Xtrusion Designs LLC(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
You agree to indemnify, defend, and hold harmless http://www.xtrusion-overland.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, http://www.xtrusion-overland.com may link to sites operated by third parties. However, even if the third party is affiliated with http://www.xtrusion-overland.com, http://www.xtrusiorcn-overland.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of http://www.xtrusion-overland.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, http://www.xtrusion-overland.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Xtrusion Designs LLC may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b ) Xtrusion Designs shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Xtrusion Designs shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Xtrusion Designs; and
e ) Xtrusion Designs is under no obligation to either compensate or provide any form of eimbursement in any manner or nature.
Xtrusion Designs LLC and Xtrusion-Overland.Com products are intended for off –road use only and Xtrusion Designs LLC shall not be held liable for the use or misuse of their products. It is the customers’ responsibility to ensure the safe and proper attachment of products to vehicle, and it is recommended that they be installed by a professional. If installed by yourself, adhere to the instructions provided and make sure all braces, brackets, bolts, screws, straps are firmly attached, tightened and locked. They need to be inspected for signs of wear, corrosion and fatigue before each use. Check your load at stops to ensure continued fastening security. Check local and state laws governing projection of objects beyond the perimeter of the vehicle. Be aware of your height and width of your cargo for clearance on bridges, branches and parking garages that can affect the load. All cargo will affect driving behavior. Our products, even those provided with security locks are not theft proof. Remove valuable gear before if vehicle is unattended for long periods of time. For safety of your vehicle and rack system, passengers and others, obey all traffic laws and speed limits. Adapt your speed to the road conditions and the load in the vehicle. Do not use Xtrusion Designs products for the purposes other than those they were designed for. Do not exceed specified load capabilities. Failure follow any of these disclaimers may result in damages, voiding warranty claims, loss of cargo, gear, damages to vehicle or other vehicles, injuries and loss of life for which Xtrusion Designs LLC or its representatives, agents or owners are not hereby liable. Use our products at your own discretion.
Xtrusion Designs LLC is in constant pursuit of improvement to our products and reserves the right to make changes in product design, and description without notice.