Summit 4X4 Company Website Agreement

By accessing, using, or submitting an order on the Summit 4X4 Company website, you hereby accept and agree to be bound by the terms and conditions set forth below. These terms and conditions along with any other product and service specific terms on our website constitute the entire agreement (the “Agreement”) between you and Summit 4X4 Company. Summit 4X4 Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the website.

Use of the Website

  • By accessing and using the website, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth herein. You may not access or use this site or accept this Agreement unless you are at least eighteen (18) years old.
  • Summit 4X4 Company provides the information and data contained on the website “as is” and does not make any express or implied warranties, representations or endorsements. You assume total responsibility and risk for your use of the Summit 4X4 Company website.
  • You agree not to use the website to collect, upload, transmit, display, or distribute any content that violates third-party right, including any copyright, trademark, patent, trade secret, or any other intellectual property or property right.
  • All products sold on the website are sold as “Not Street Legal” and may or may not affect pollutions controlled equipment or emissions controlled vehicles. You, the consumer/purchaser, accept all legal responsibility pertaining to your country, state, county, and local laws with regards to usage of these products.

Orders & Pricing

  • The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Summit 4X4 Company reserves the right, without prior notification, to limit the order quantity of any item and/or to refuse service to any customer.
  • Payment is due in full upon placement of an order on the Summit 4X4 Company website.
  • Summit 4X4 Company will collect all applicable taxes at the time of purchase.
  • For orders to be shipped overseas, Summit 4X4 Company is not responsible for payment of any applicable export or import related fees or taxes and is not responsible for ensuring that the order complies with all applicable trade control laws.
  • Summit 4X4 Company shall not be liable for any pricing errors, or any cost or damage arising from use of products purchased from the website. It is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all information and merchandise provided through the website.
  • Summit 4X4 Company is not responsible or obligated to honor any price or quantity misprint on the website. Errors can and do occur despite best efforts to avoid them. Prices, quantities, and terms listed on the website are advertisements only, are not offers to contract, and are subject to change without notice.

Risk of Loss

  • All orders placed on the Summit 4X4 Company website are made pursuant to a shipping contract. The risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.

Product Descriptions

  • Summit 4X4 Company does not warrant that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free. If a product offered by Summit 4X4 Company is not as described, then your sole remedy is to return the product.

Limitation of Liability

  • Summit 4X4 Company, its officers, directors, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, assigns, suppliers, and any third party information providers shall not, under any circumstances, be liable for any special, exemplary, incidental, consequential, indirect, or punitive damages, including but not limited to, damage, inconvenience, labor, legal fees, loss of property or equipment, loss of profits or revenue, business interruption, cost of purchased or replaced goods, claims of customers of the purchase, etc. which may arise and/or result from the sale, installation or use of products listed on the Summit 4X4 Company website.
  • Summit 4X4 Company shall not, under any circumstances, be liable for any claim attributable to errors, omissions, or other inaccuracies in the description and/or materials or information displayed on the website.
  • By placing your order on this website you agree to hold Summit 4X4 Company harmless for any and all labor incurred in the installation, repair, or maintenance of any item purchased from the website.
  • Summit 4X4 Company is not responsible for any damaged parts or additional labor necessary to repair a vehicle resulting from items purchased from Summit 4X4 Company.

Indemnification

  • You agree to indemnify, defend, and hold harmless Summit 4X4 Company, its officers, directors, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, assigns, suppliers, and any third party information providers from and against all losses, expenses, damages, and costs, including attorneys’ fees resulting either directly or indirectly from use or interaction with the website.

Severability

  • In the event that any provision, or any portion thereof, of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, the remainder of Agreement shall remain in full force and effect as if such severed provision(s) was(were) never a part of this Agreement.

Governing Law

  • This Agreement shall be construed, interpreted, governed, and enforced in accordance with the laws of the State of Arizona.
  • You agree that any legal action or proceeding concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in Yavapai County, Arizona.
  • Any cause or action or claim you have with respect to the Summit 4X4 Company website or the purchase of products from the website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Term & Termination

  • This Agreement shall remain in full force and effect while you use the website. Summit 4X4 Company may suspend your rights to use the website or terminate this Agreement at any time for any reason at our sole discretion. Upon termination of this Agreement, your right to use the website will terminate immediately.
    The provisions herein related to intellectual property rights, limitations of liability, indemnification, and severability together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of this Agreement.

Reservation of Rights

  • Any rights not expressly granted herein are reserved.

No Waiver

  • The failure of Summit 4X4 Company to insist upon the performance of any provision of this Agreement, or the failure to prosecute any breach of any provision of this Agreement, shall not be construed thereafter as a waiver of any such provision or right. This entire Agreement shall remain in full force and effect as if no such forbearance or failure of performance had occurred.

No Oral Modification

  • This Agreement may only be amended in writing approved by the owner of Summit 4X4 Company.


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