These Terms of Use (the “Terms”) set forth the legally binding terms governing your access to and use of the ADVENTURE VEHICLES NW Web site, Web pages, interactive features, applications, widgets, blogs and their respective contents and any other interactive content that links to the ADVENTURE VEHICLES NW Web site owned and/or operated by ADVENTURE VEHICLES NW , to include Youtube content created by Joel Jones, Jonesy’s Auto Club, and/or Jonesy’s, Inc. (collectively, the “Site”). The Site and Youtube content are operated by ADVENTURE VEHICLES NW Inc. (hereinafter referred to as “ADVENTURE VEHICLES NW” ), and any materials on the Site are owned by ADVENTURE VEHICLES NW or its affiliated companies, or licensed by ADVENTURE VEHICLES NW from third parties and posted on the Site.
These Terms apply to all persons who visit any of the Site (“Visitors”), regardless of the Visitor’s level of participation. In these Terms, “you” and “your” refer to each Visitor and his or her agents (unless the context requires otherwise), and “we”, “us” and “our” refer collectively to ADVENTURE VEHICLES NW. These Terms explain our obligations to you, and your obligations to us in relation to the use of the Site. By accessing and visiting any of the Site you accept and agree to be bound by these Terms, any applicable Additional Terms (as defined below), and our Privacy Policy.
You should read this entire document. It will tell you, among other things, that:
- Your use of our website, products, advice, tutorials, etc. is entirely at your own risk.
- You’re agreeing to mandatory arbitration in the event of a dispute.
- Your state may require you to pay use tax on items you purchase. Please follow your state’s laws.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION , WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESSOR USE ANY OF THE SITES OR USE ANY AFFILIATED PRODUCTS IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE SITES ARE ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER AND NOT A MINOR IN YOUR STATE OF RESIDENCE. If you are not an intended viewer, kindly do not use or view any of the Site.
We may at any time revise these Terms by updating these Terms. The “Last Updated Date” at the top of this Agreement will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Site constitutes your agreement to any modified Terms, and you should therefore visit the Terms to review the current Terms from time to time. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Site in the future shall be considered part of the Site and subject to these Terms. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Site (or any portion thereof), with or without notice to you, and you agree that ADVENTURE VEHICLES NW shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Site. Moreover, we may terminate these Terms for any or no reason, and with or without notice to you. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease all use of the Site.
NOTE THAT THESE TERMS APPLY ONLY TO THIS SITE; ADVENTURE VEHICLES NW’S DEALERS, DEALER ASSOCIATIONS AND DISTRIBUTORS MAY HAVE SEPARATE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
This Site is for your personal, non-commercial use. Any other use of the Site requires the prior written consent of ADVENTURE VEHICLES NW.
- DESCRIPTION OF THE SITE.
The Site contain information regarding ADVENTURE VEHICLES NW and its products and services, including advertising, ADVENTURE VEHICLES NW Trademarks (as defined below), pictures, information, digital images, featured articles, surveys, applications, and other content (collectively, “Content”), all of which is protected under copyright law and/or other federal and state laws. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. - We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about ADVENTURE VEHICLES NW and/or the Site and/or its products and your purchases thereof.
- OWNERSHIP AND USE OF THE SITES.
ADVENTURE VEHICLES NW or its affiliates own all right, title, and interest, and/or have a valid right to use and sublicense the Site and all Content on the Site, including, without limitation, all trademarks, service marks, logos and trade names used on the Site (collectively, “Trademarks”). - ADVENTURE VEHICLES NW grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Site (including the Content and Mobile Services (as defined below)) for your own personal non-commercial use, subject to your compliance with these Terms, including, without limitation, the restrictions on use of the Site. ADVENTURE VEHICLES NW may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason. ADVENTURE VEHICLES NW reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel any or all of the Site’ operation, or portions thereof, with or without notice to you. You acknowledge and agree that ADVENTURE VEHICLES NW will not be liable to you or any third party for any such modification, suspension, discontinuation or cancellation of any or all of the Site’ operation.
RESTRICTIONS ON ACCESSING AND USING THE SITES. As a condition to accessing and using the Site in accordance with the license granted to you under these Terms, you agree to comply with the following rules:- You may not copy, download, distribute (including without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the Content or other material displayed on the Site, including without limitation, any trademark of ADVENTURE VEHICLES NW or its affiliated companies, for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary;
- You may not access or use any of the Site in any way that could or is intended to damage or impair the operation of the Site, or any Content of or material displayed on any of the Site, or any server or network underlying the Site, or in any way that interferes with anyone else’s use and enjoyment of any of the Site;
- You may not frame or use framing techniques to enclose any part of the Site without ADVENTURE VEHICLES NW’s prior written consent;
- You may not access or use any of the Site in any way that could or is intended to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation, their rights of privacy or publicity;
- You may not “spam” others or “phish” for, collect or store personal information about others;
- You may not access or attempt to access any data, information, system or servers on which the Site is hosted or modify or alter the Site in any way;
- You may not transmit or broadcast any commercial messages, text, photographs, video or audio content to or through any of the Site; and
- You may not link or “deeplink” to, frame, or otherwise, reproduce any of the Site without our prior consent, except that you may identify ADVENTURE VEHICLES NW products by name or link to the Site if you comply with the Guidelines for External Site set forth below. In addition, you agree to comply with all applicable laws, regulations and other legal requirements relating to your access to and use of the Site. You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
- COMMUNICATIONS WITH ADVENTURE VEHICLES NW.
From time to time, agents of ADVENTURE VEHICLES NW may communicate directly with customers regarding recommendations for appropriate products and/or product applications. More rarely, agents of ADVENTURE VEHICLES NW may agree to modify existing products to accommodate a customer’s desired purpose or application based on either the customer’s requests, the agent’s advice, or a combination thereof. You are solely responsible for any damage or liability associated with your interpretation or application of this advice, as well as your use of modified or unmodified ADVENTURE VEHICLES NW products. You apply advice received, either from ADVENTURE VEHICLES NW , it’s agents, or its affiliated Youtube channel, and products received entirely at your own risk. - DOWNLOADS FROM THE SITES.
When you download any Content from any of the Site (a “Download”), you understand that it is owned by ADVENTURE VEHICLES NW , its affiliates and/or licensors, as applicable, and is protected by intellectual property laws. ADVENTURE VEHICLES NW hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) on your own computer and/or mobile device that is compatible solely for your own personal non-commercial use. You acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s). No license is granted to you in the human readable code, known as the source code, of the content downloaded, and no rights are granted to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content of any Download(s). You may not depict any Downloads on any merchandise or products of any kind or otherwise use any Downloads for commercial purposes. You must provide all equipment and software necessary to connect to the Site, including, but not limited to, a computer (with internet access) that is in working order and suitable for use in connection with the Site. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with ADVENTURE VEHICLES NW’s operations or the Site. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES, ANY PAGE(S) THEREIN, AND/OR ANY SERVICE(S) OF THE SITES, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ANY OTHER EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. YOU AGREE THAT THE SITES, ANY SERVICE(S) OF THE SITES, AND ANY DOWNLOAD(S), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. - PRIVACY.
Information Collected We collect personal information you choose to provide which may include your name, mailing address, email address, and phone number together with certain demographic information from you in connection with surveys or from commercially available services. We collect and store “usage information” about how you use our Sites, such as the name of your Internet service provider, the browser and type of machine you are using, the IP address and the Web site that referred you to us and the pages you visit to help manage the Sites. We and our advertising service providers use cookies and Web beacons to manage the Sites, tailor our communications with you, and personalize your experience on the Sites. - INDEMNITY AND HOLD HARMLESS.
You agree to defend, indemnify and hold harmless ADVENTURE VEHICLES NW and its parent, subsidiaries and affiliates, and their respective distributors, dealers, dealer associations and advertising and promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, “ADVENTURE VEHICLES NW Entities” , each a “ADVENTURE VEHICLES NW Entity” ), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site or our products, your breach or alleged breach of any of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. - DISCLAIMER OF WARRANTIES.
You understand and agree that your use of the Site, advice via agents or social media websites, and products is solely at your own risk and that you will be solely responsible for any damage to your mobile device, computer, any other equipment, loss of data, physical persons (either you or others), or personal property that may result from your use of the Site. The Site and the Content are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADVENTURE VEHICLES NW makes no warranties that the Site or any Content or other material obtained through herein will meet your requirements, or that the Site will be uninterrupted, timely, secure, non-infringing or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for access to or use of the Site, including any Mobile Services. No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any performance degradation, interruption or delays of any of the Site, or errors or omissions in any Content or other materials on or through the Site. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the Site is non-infringing of any rights of any third party. Any decision or action taken by you on the basis of information or content provided on the Site is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the Site. - LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY ADVENTURE VEHICLES NW ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, NO ADVENTURE VEHICLES NW ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES. - YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH ADVENTURE VEHICLES NW ENTITY FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF ANY OF THE SITES. MISCELLANEOUS.
- Notices And Announcements: Except as expressly provided otherwise herein, all notices to ADVENTURE VEHICLES NW shall be in writing and delivered via overnight courier or certified mail, return receipt requested to: ADVENTURE VEHICLES NW, Inc. PO Box 776 Ridgefield, WA 98642
- Severability: If any provision of these Terms are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- Applicable Law: These Terms and any disputes arising under or related to
- Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Site and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.
- Waiver: The remedies of ADVENTURE VEHICLES NW set forth in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under these Terms shall not constitute a waiver of such right.
- DISPUTES/ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Site and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the ADVENTURE VEHICLES NW Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the ADVENTURE VEHICLES NW Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Washington shall apply, except that Washington laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the State of Texas shall apply, except that Washington laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any and all claim for or award of attorneys’ fees is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court. To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND ADVENTURE VEHICLES NW BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US. In no event shall any claim, action or proceeding by you related in any way to this Agreement be instituted more than two (2) years after the cause of action arose.
Please read carefully – Your purchase from Adventure Vehicles NW – No warranty ADVENTURE VEHICLES NW parts have no warranty. Should any ADVENTURE VEHICLES NW part shown on our website or social media sites prove defective following their purchase, the buyer and not the manufacturer, distributor, dealer or retailer, shall assume the entire cost of all necessary servicing or repair of the defective part and of any damage that may have been caused by the defective part. The buyer assumes the entire risk as to the performance of such parts. To the fullest extent permitted by applicable federal, state, local or other law, ADVENTURE VEHICLES NW expressly disclaims the implied warranties of merchantability and of fitness for a particular purpose, even if this website or social media site or any other materials mention a particular purpose for a ADVENTURE VEHICLES NW parts. ADVENTURE VEHICLES NW also disclaims all liability for direct, indirect, special, incidental or consequential damages, including, but not limited to, damage to or loss of personal property, loss of profits or revenue, cost of purchase of replacement goods, or claims of customers of the purchaser that result from the use of any and all ADVENTURE VEHICLES NW parts. ADVENTURE VEHICLES NW offers parts educated, informed, and experienced vehicle do-it-yourselfers only; if you are unsure if your experience level qualifies you to safely use our products, your experience level is insufficient. Installation of any ADVENTURE VEHICLES NW part on a vehicle operated on public roads may violate federal, state or local laws or regulations including, but not limited to, emission requirements and motor vehicle safety standards. In addition, federal statutes, regulations and laws in many states prohibit the removal, modification, alteration or disconnecting of any parts or elements of a vehicle’s design affecting emissions or safety on vehicles intended for use on public streets or highways. ADVENTURE VEHICLES NW customers are responsible for ensuring that the use of any ADVENTURE VEHICLES NW part complies with all applicable federal, state or local laws, regulations and ordinances. Installation of ADVENTURE VEHICLES NW parts may adversely affect the warranty coverage on your vehicle. The addition of ADVENTURE VEHICLES NW parts on a vehicle is not covered by the vehicle warranty and any failure that they may cause is also not covered by the vehicle warranty. ADVENTURE VEHICLES NW parts should not be sold or financed in conjunction with the sale of a new vehicle.