Terms and Conditions
Last Updated: Jan 24 2018
Assistance. If you have any questions or comments, we invite you to contact our Customer Service Department by email at support [at] redtruck.com.
Order Eligibility. You may only purchase products and services that are delivered to or performed at an address located in the United States. Company makes no representation or guarantees that products or services available on the Website are appropriate or available for use in locations outside the United States, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside of the United States, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.
Products and Specifications. Details of the products and services available for purchase are set out on the Website. Any authentication of the item is limited to confirming the identity of the named seller. All prices are displayed and charged in U.S. dollars. All applicable sales and other taxes are in addition to the sale price. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the distribution of a certain product or service may be delayed for a number of reasons. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations. The order will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. When product listing designates that the total price includes the cost of shipping, this no-cost shipping is only eligible in the contiguous United States; additional shipping and handling fees will apply for any items shipped to Alaska, Hawaii or any other location. No amount will be refunded if you elect to pick up your item in person. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for delivery. Company does not guarantee any particular delivery date and is not responsible for any delays.
Auction Items: To participate in an auction, you may be required to register and create an account with the Website. You are responsible for reading the full item listing before making a bid. Company or seller may set a minimum amount or reserve pricing for an item and the minimum incremental bid amount for each auction. You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning or otherwise accepted bid. You must pay for any item you commit to buying. Remember, each bid you make is a binding contract to buy the item if the bid is accepted. You acknowledge and agree that each bid is irrevocable and cannot be amended or corrected, even if submitted in error or if you notify us. You may not bid on any item that you own or if you have a financial interest in the sale.
In the event of a tie between a bid place by you and any other identical bid(s), including bids made in person, by telephone or by other means, it will be at Company’s sole discretion as to which bid is accepted. At Company’s sole discretion, if the item does not go to the highest bidder, the Company may accept the next highest bids (in order) or the item may be relisted for auction. The seller, not Company, is responsible for transfer of legal ownership of the item to the buyer. Bid update and other notification functionality may not occur in real time.
Return and Exchange Policy. All products and services are provided “as is” and all sales are final. You may not return or exchange a product or service purchased from this Website. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under applicable local law. If you are entitled to return an item under applicable law, you will be responsible for the return of the item.
Charges. For all charges for any products or services sold on the Website, Company will bill your credit card or alternative payment method offered by Company. You authorize Company, or a payment processor on its behalf, to obtain a pre-authorization for your payment method at the time you added it to your account. You authorize Company, directly or indirectly via a third-party payment processor, to process your payment with the method of payment you select and to collect the full amount, including any taxes or fees. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all reasonable expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this Website and any and all fees charged to you by your financial institution related to the charges. You acknowledge that Company may charge the seller a fee for the sale of each item. Payment obligations are non-cancelable and fees paid are non-refundable. You shall provide Company with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.
Promotional Codes. On occasion Company may issue promotion codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item. Multiple promotional codes may not be combined. When a promotion or promotional code has been communicated to a particular individual, the promotional code is non-transferable and the name and email address provided during the checkout must be the same. We are not responsible for any financial loss arising out of our refusal, cancelation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Copyright, Trademark and Ownership. Except with respect to the Sponsor Content described below, all of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Company, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, Company’s trademarks, service marks, trade names (including the Company’s name, logos, the Website name, and the Website design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view and/or play documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content, Sponsor Content or the Company’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Company’s prior written consent. Company prohibits the use of Company trademarks as a “hot” link on or to any other Website unless establishment of such a link is approved in advance. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Sponsor Content. Company encourages the individuals, causes and brands (the “Sponsors”) with items available on the Website to submit or provide content (e.g., descriptions, photos, videos, etc.) to Company in connection with their profiles or the products and services available on the Website (“Sponsor Content”). Sponsor Content remains the intellectual property of the individual, cause or brand. By posting or providing the Sponsor Content (including allowing Company to collect it from your social media account or otherwise) for our Website, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your and any other individual’s name, voice, and likeness as contained in your Sponsor Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. All Sponsor Content is deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Sponsor Content.
Sponsor Content does not represent the views of Company .or any individual associated with Company, and we do not control the Sponsor Content. In no event shall you represent or suggest, directly or indirectly, Company’s endorsement of Sponsor Content. Company does not vouch for the accuracy or credibility of any Sponsor Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of viewing Sponsor Content on our Website. Through your use of the Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Website, you assume all associated risks.
Inappropriate Submissions. Company does not encourage and strongly discourages any Sponsor Content that results from any activity that: (i) may create a risk of harm, loss, injury, emotional distress, death, disability, disfigurement, or illness to you, to any other person, or to any animal; (ii) may create a risk of any loss or damage to any person or property; or (iii) may constitute a crime or create civil liability. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind. Company may reject or remove any submissions that Company believes, in its sole discretion, include any inappropriate or prohibited material.
Social Media. When you interact with Company’s page or account on a social media platform, we may collect information that you make available to us on that page. If you choose to create or sign-in to your Company account with or through a social networking platform, Company and that platform may share certain information about you and your activities. With your permission, we will collect and use images shared by your social media account on the Website, including in your profile and product listings. Further, if you elect to share your information or activity on a social media platform via our Website, we may share said information consistent with your directions.
Advertising Rights and Affiliate Links. Company reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell or offer to sell any advertising, promotion or distribution rights.
Some of the hyperlinks to third-party products and services featured on our Website are links for affiliated third-party sellers, which mean Company receives compensation from the seller if you make a purchase using the link. We appreciate your supporting those merchants and brands that support our Company.
Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
Links. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. From time to time, this Website may contain links to third-party websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Account Registration and Security. You understand that you may need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Company suspects that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all use of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
Force Majeure. Company is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties. You affirm, represent and warrant the following: (i) you are 18 or older and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Website; (iii) if necessary you have the written consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Website and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) you are not, and have not been an agent of Company and were not and are not acting on behalf of, or as a representative of, Company or any other party; (vi) Company use of any information you have submitted or provided access to as contemplated by the Terms and the Website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity (vii) you have not and will not engage in any of the activities or behaviors listed in the Inappropriate Submissions and Inappropriate Use sections in the production of, your appearance in, or contribution(s) to your Sponsor Content; (viii) the Sponsor Content does not contain: (a) material falsehoods or misrepresentations that could harm Company or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or (c) advertisements or solicitations of business.
DISCLAIMERS. Your use of this Website is at your OWN risk. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY’S WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR SPONSOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT OR PRODUCTS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT OR PRODUCTS OR SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
Indemnity. You agree to defend, indemnify and hold Company, each of our parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Website or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Company; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
Release. In the event that you have a dispute with another user or other party related to the Website, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.
General. Your use and any claim or dispute arising out of or relating to the use of, this Website and the materials contained herein is governed by applicable federal laws and the laws of the State of Oregon, without regard to its choice of law provisions. Any and all disputes directly or indirectly arising out of or related to the Terms or the Website will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Website must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.
We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and Company with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc) shall survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to Red Truck Group, Inc.