TERMS AND CONDITIONS OF USE OF THIS WEBSITE:
INTRODUCTION This website (the "Site") is owned and operated by Poker Clothing Inc, DBA "Warrior Lifestyles RV Store" and "www.weekendwarriorgear.com"
(hereinafter "WEEKEND WARRIOR GEAR"), the manufacturer of WEEKEND
WARRIOR GEAR and other products. By viewing or using our Site, you
agree to these Terms and Conditions, and those promulgated by WEEKEND
WARRIOR GEAR from time to time. WEEKEND WARRIOR GEAR reserves the right
to amend, change or modify these Terms and Conditions at any time, with
or without notice to you. By using the Site after we post any such
changes, you hereby agree to such modified terms. If you do not agree
to any of these Terms or Conditions or any changes made by WEEKEND
WARRIOR GEAR hereafter, you may simply exit the Site.
This
Site is operated by WEEKEND WARRIOR GEAR, from its offices in Perris,
California, USA. WEEKEND WARRIOR GEAR makes no representation that
content of the Site is appropriate or lawful in other territories or
jurisdictions. Use or access of this Site from territories or
jurisdictions where the Site or any of its content is illegal,
unlawful, violative of obscenity or other laws is strictly prohibited.
Those who choose to access this Site from other states or countries do
so at their own risk and such users are solely responsible for
compliance with applicable local laws.
The
content that appears on our Site is for informational purposes only. We
do our best to ensure that the information posted on the Site
(including product models and availability, dealer locations, rider
names, etc.) is timely and accurate; however, errors do appear from
time to time. We are not responsible for, and do not guarantee the
performance of, goods and services provided by any third party to whose
website we link. We may from time to time place a button or link to the
website of another individual or company. Any links on this Site are
designed for convenience only, and do not constitute an endorsement by
WEEKEND WARRIOR GEAR of that site, its owner or host or the products or
services offered or listed on such site.
All
text, images, graphics, logos, icons, design elements, trademarks,
trade dress and other Site content, as well as the specific arrangement
thereof, are Copyright © 2004 - 2008, Weekend Warrior Gear or its
licensors, 24443 Hwy. 74 Perris, CA 92570. All rights reserved.
OWNERSHIP OF SITE CONTENT Unless
otherwise stated, the text, software, images, graphics, logos, icons,
photographs, images, illustrations, audio clips, video clips, design
elements, copyrights and copyrightable materials, trademarks, trade
dress and other Site content (collectively referred to herein as the
"Site Content") are the exclusive property of WEEKEND WARRIOR GEAR or
its licensors. Except where such permission is specifically granted,
you may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the Site
Content, in whole or in part. You may download copyrighted material for
your personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted
without the express permission of WEEKEND WARRIOR GEAR and, where
applicable, the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice
shall be made. WEEKEND WARRIOR GEAR grants you no express or implied
rights by way of your permitted downloading of copyrighted material.
RESTRICTIONS ON YOUR USE Your
use of this Site is pursuant to a single-copy revocable license granted
to you. As a condition of your use of this Site, you warrant to WEEKEND
WARRIOR GEAR that you will not use this Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. All
other rights, including all rights of ownership, are reserved by
WEEKEND WARRIOR GEAR. This means that you may access the Site using a
browser and you may download one copy of the Site Content on a single
computer for your own personal and non commercial internal use. You
shall not: (a) modify the Site Content, in whole or in part; (b) use
the Site Content, in whole or in part, for any commercial purpose or
public display, performance, sale, or rental; (c) de compile, reverse
engineer, or disassemble software materials; (d) remove any copyright
notice or other proprietary notices from the Site Content; or (e)
assign, transfer or export, or attempt to assign, transfer or export,
the Site Content, in whole or in part, to another person. You agree to
prevent any unauthorized copying of the Site Content.
TRADEMARKS The
trademarks, logos and any designs used or displayed on the Site are
trademarks and/or service marks owned by WEEKEND WARRIOR GEAR or, on
occasion, used by WEEKEND WARRIOR GEAR under license from another third
party. Any use of trademarks, service marks, product names and company
names or logos, including the reproduction, modification, distribution
or republication of same without the prior written permission of
WEEKEND WARRIOR GEAR, is strictly prohibited. Other trademarks, service
marks, trade names and company logos utilized in the Site are the
property of their respective owners. All rights reserved.
LINKING AND FRAMING As
a matter of policy, WEEKEND WARRIOR GEAR does not permit you to create
or post a link or a frame to any WEEKEND WARRIOR GEAR site (including
this Site) without WEEKEND WARRIOR GEAR's prior written approval. If
you wish to link to the Site, please contact us at customersupport@weekendwarriorgear.com, to apply for permission to do so.
DISCLAIMER OF WARRANTIES YOU
EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR RISK. NEITHER WEEKEND
WARRIOR GEAR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT.
THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT WEEKEND WARRIOR GEAR IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
IN
NO EVENT WILL WEEKEND WARRIOR GEAR OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN
CONNECTION WITH THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON THE SITE.
IN
NO EVENT SHALL WEEKEND WARRIOR GEAR (INCLUDING ITS EMPLOYEES,
DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS
OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, EVEN IF
WEEKEND WARRIOR GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF
WEEKEND WARRIOR GEAR IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CONTENT YOU POST You
agree not to post or transmit through the Site any material which
violates or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which, without
WEEKEND WARRIOR GEAR's express prior approval, contains advertising or
any solicitation with respect to products or services. Any conduct by
you that in WEEKEND WARRIOR GEAR's discretion restricts or inhibits any
other user from using or enjoying the Site will not be permitted. You
shall not use the Site to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users
to become subscribers of other on line services, whether or not such
other services are competitive with WEEKEND WARRIOR GEAR. By submitting
material to any public area of the Site, including but not limited to
chat rooms, you automatically grant (or warrant that the owner of such
material has expressly granted) WEEKEND WARRIOR GEAR the royalty free,
perpetual, irrevocable, non exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such
material (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such
material. You also permit any other user of the Site to access, view,
store or reproduce the material for that user's personal use. You
hereby grant WEEKEND WARRIOR GEAR the right to edit, copy, publish and
distribute any material made available on the Site by you. WEEKEND
WARRIOR GEAR shall have the right, but not the obligation, to monitor
the content of the Site, including chat rooms and forums, to determine
compliance with these Terms and Conditions or any operating rules
established by WEEKEND WARRIOR GEAR and to satisfy any law, regulation
or authorized government request. WEEKEND WARRIOR GEAR shall have the
right in its discretion to edit, refuse to post or remove any material
submitted to or posted on the Site. Without limiting the foregoing,
WEEKEND WARRIOR GEAR shall have the right to remove, at any time and
without notice to you, any material that WEEKEND WARRIOR GEAR, in its
discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
PROMOTIONS Warrior
Lifestyles may, from time to time, randomly select a member of the
WEEKEND WARRIOR GEAR mailing list to receive free goods. This promotion
is good only while supplies last. Recipients (and their parents, if a
minor) shall be required to execute a release and consent document in
favor of WEEKEND WARRIOR GEAR as a prerequisite to claiming any
prizes. Recipients agree that their name, certain biographical
information, and/or a photograph of them, may be used by WEEKEND
WARRIOR GEAR, without further compensation, in any publicity. WEEKEND
WARRIOR GEAR, reserves the right to amend these rules at any time in
its discretion. Winners are responsible for all taxes in connection
herewith. The contest rules shall be interpreted according to the
substantive laws of the State of California, without regard to choice
of law principles. THIS PROMOTION IS VOID WHERE PROHIBITED OR WHERE
PRIOR REGISTRATION OR OTHER FILINGS OR NOTICES ARE REQUIRED UNDER LAW. NO PURCHASE NECESSARY.
TERMINATION This
agreement is effective until terminated by WEEKEND WARRIOR GEAR, at any
time without notice. In the event of termination, you are no longer
authorized to access this Site and the restrictions imposed on you with
respect to the Site Content as well as the disclaimers and limitations
of liabilities set forth in this agreement, shall survive.
GENERAL TERMS This
Site, and its use, shall be governed by the substantive laws of the
State of California and the United States of America. The exclusive
jurisdiction and venue for any dispute or litigation arising out of or
related to the Site, its content, these Terms and Conditions or your
use of the Site shall be the state or federal courts located in the
County of Orange, California. Any rights not expressly granted herein
are reserved by WEEKEND WARRIOR GEAR. If any part of this Agreement is
for any reason found to be unenforceable, all other parts nevertheless
remain enforceable. Failure of WEEKEND WARRIOR GEAR to enforce a right
under these Terms and Conditions will not act as a waiver of that right
or the ability to later assert that right relative to the particular
situation involved. The above stated rules represent the entire
understanding between each user of the WEEKEND WARRIOR GEAR Site,
regarding each user's relationship with WEEKEND WARRIOR GEAR and
supersedes any prior statements or representations.
COMMENTS WEEKEND
WARRIOR GEAR welcomes your comments. If you have questions or comments
about our policies, feel free to send us an e mail at: customersupport@weekendwarriorgear.com
PRIVACY CONCERNS We
respect the privacy of our users. We have established a separate
privacy policy (accessible by a "Privacy Policy" button on the Site)
that sets forth some of the WEEKEND WARRIOR GEAR privacy issues, or you
can contact us at: customersupport@weekendwarriorgear.com for more information. All
text, images, graphics, logos, icons, design elements, trademarks,
trade dress and other Site content, as well as the specific arrangement
thereof, are Copyright © 2004-2008, Poker Clothing Inc, 24443 Hwy. 74
Perris, CA 92570. All Rights Reserved. |