OFFROAD PASSPORT TERMS OF SERVICE AND USER AGREEMENT
These Terms and Conditions constitute a binding agreement (“User Agreement”) which conditions your use of this site. If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain at this site, or return thereafter, you consent to be bound by the User Agreement.
You also agree that this User Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
You may set up a User ID and a confidential password that you may use to access and post on the forum and other public areas on this website, provided you abide by the terms and conditions herein.
Purpose and Intent of this Site:
The primary intent of OffroadPassport.com is to provide a free community for enthusiasts to plan and discuss offroad adventures. Members may upgrade their level of membership to Advanced or Premium Club Memberships for an annual fee which entitles them to expanded forum privileges and attendance at club sponsored trips and how-to clinics, as well as access to Premium Club Private Forums.
TERMS AND CONDITIONS OF SITE USE
Minimum Age Requirement:
Membership is limited to those over the age of 18. This is a legally binding contract which may be entered into only between persons over the age of 18 and Offroad Passport, LLC. By agreeing to become a member, the visitor represents and warrants that he or she is in fact over the age of 18 years.
Disclaimer and Limitation of Liability as to Forum Content and Continuity:
Offroad Passport, LLC, as a general rule, may modify or delete any of the information that is posted on this Website without advance notice. Offroad Passport may also interrupt or halt access to this Website when deemed necessary. Offroad Passport shall assume no liability for any damages resulting from modification or deletion of information on this Website or interruption or halting access to this Website. Offroad Passport, LLC assumes no liability for any loss that may result from the use of this Website.
Conduct While on the Forum or Other Public Posting Areas of the Website: Responsibility for what is posted in the forums and other public-posting areas on the Offroad Passport Website lies with each user. You are responsible for the material you post. By using the Offroad Passport Website, you agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Offroad Passport Website, or that infringes on the rights of others. You may not post or transmit any message anonymously or under a false name. You may not permit any person (other than an agent acting on your behalf and subject to your supervision) to access, using your account, any features of the Offroad Passport Website that require paid membership registration. Users may not post any message to any area of the Passport Offroad Website if that message is, in our view, off-topic. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. As you register, you have the ability to choose your username; we advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to never use another person's account for any reason. We also highly recommend you use a complex and unique password for your account, to prevent account theft.
Members represent and warrant that they will not violate any of the provisions listed below, and further agree to hold Offroad Passport harmless in the event of any such violations by others.
Conduct of the following on this Website is prohibited:
- Re-assignment of your membership subscription is prohibited. Your membership with Offroad Passport is personal and cannot be assigned. Registering or sending another person’s email address or pretending to be someone else is also prohibited.
- Use of the Offroad Passport Website, forum or any other public area to post or link to any commercial or ‘Spam’ messages. From time to time, users post their email addresses in chat rooms, forums and other public-posting areas; you agree not to gather these email addresses for purposes of spamming; that is, sending unsolicited email. Violators’ of the anti-spam rule will be terminated without notice and their IP Address banned from accessing the website.
- You agree not to use the Offroad Passport Website to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our written approval.
- Without the prior written permission of Offroad Passport, LLC, you may not frame any of the content of the Offroad Passport Website, or incorporate into another Website or other service any intellectual property of Offroad Passport, LLC or any of their members or partners. Requests for permission to frame our content may be sent to Offroad Passport, LLC either by email or mail at the address shown in the ‘Contact Us’ link.
- Activities that infringe on or may possibly infringe on the property rights or privacy of Offroad Passport, LLC or another third party. This includes the use of personal information posted on this Website.
- Activities that interfere with the use of the site by others, whether by technical or other means. Use or providing of computer viruses and other harmful programs or actions that could lead to such activities.
- Activities that cause or may cause losses or damages to Offroad Passport, LLC or another third party. Defamation, libelous or defamatory statements toward Offroad Passport LLC or another third party is also prohibited.
- Posting material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, threatening, or otherwise in violation of any International or United States Federal law.
- Activities that are constituted or may be constituted as obscene, pornographic or profane.
- Activities that constitute or may lead to criminal offense and / or activities that violate or could violate laws.
- Activities that damage the honor or trustworthiness of Offroad Passport, LLC or this Website and any other activities that Offroad Passport, LLC deems inappropriate at any time.
We at Offroad Passport, LLC take every precaution to post accurate information on this Website, but we cannot guarantee its accuracy, timeliness, and usefulness. While we want to encourage an open exchange of information and ideas, we cannot and do not review every posting made in forums and other public-posting areas. The areas will include information and opinions from a variety of individuals and organizations other than Offroad Passport, and we do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or "expert" guest, or from a member of our staff. Offroad Passport has no opportunity to edit all materials placed on the website and thus is not be liable for damages or harm created by claims within those materials.
Although Offroad Passport cannot monitor all the postings in the forums and other public areas, we reserve the right (but assume no obligation) to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to Offroad Passport or members of its staff; however, we will comply with any applicable legal requirements regarding disclosure of such messages to others, including law enforcement agencies.
Offroad Passport expects that you will not use our website or services to violate anyone’s copyright, trademark or other intellectual property rights. By submitting material to the Offroad Passport Website, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
Use of Materials:
All material you submit to any of our chat rooms, forums and other public-posting areas becomes the property of Offroad Passport, LLC and may be reproduced, modified and distributed as we see fit in any medium and for any purpose. You warrant that all moral rights in any material that you submit to us have been waived.
Although we make the Offroad Passport Website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the Offroad Passport Website. The materials available through the Offroad Passport Website are the property of Offroad Passport, LLC members or partners, and are protected by copyright, trademark and other intellectual property laws. You are free to print for your personal, noncommercial use, information you receive through the Offroad Passport Website. But you may not otherwise reproduce any of the materials without the prior written consent of the owners. Of course, you’re free to encourage others to access the information themselves on the Offroad Passport Website, and to tell them how to find it. Requests for permission to reproduce materials found on the Offroad Passport Website should be sent to Offroad Passport through the ‘Contact Us’ link via email or mailed to the address shown.
Links to the Offroad Passport Website:
Links to this Website are permitted according to the following, regardless of whether the link is from an individual or a company.
Links to Third Party Websites:
- As a general rule, links to this Website should be linked to the home page 'http://offroadpassport.com'
- The use of any trademark possessed by Offroad Passport, LLC is prohibited. We refuse any links that may cause misidentification of the origin of the information.
- We prohibit links from any Websites that refer to the following:
- Websites that include information intended to slander or cause a loss of credibility for our company or other individuals or companies.
- Websites that have the danger to infringe the copyright, registered trademark, possessions, privacy, portrait or any other rights owned by our company or other individuals or companies.
- Websites that are not Official members of Offroad Passport that include statements which may cause the reader to misinterpret that there is an alignment or partnership with our company, or that there is acknowledgment from our company to the Website of the link origin.
- Websites that may not do any of the above but may interfere with the operations of our Website or violate public order and standards of decency or laws including regulations and rules.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
We at Offroad Passport, LLC take every precaution when posting information on this Website. However, we cannot guarantee that the information is accurate, useful, reliably able to meet your purpose, or safe (i.e., that functions will not be disrupted, defects will be corrected, this Website and server are free of computer viruses and other harmful data or programs, etc.). Offroad Passport, LLC shall assume no liabilities for any losses that may result from your using or not being able to use this information or for any damages that may result from your use of this Website.
Disclaimer and Limitation of Liability as to Products Sold:
Offroad Passport, LLC makes no representations or warranties, either express or implied of any kind with respect to products sold on this site. In no event shall Offroad Passport, LLC, its officers, employees or other representatives be liable for direct, indirect, special, consequential, compensatory, incidental, or punitive damages related to products sold. All products purchased at OffroadPassport.com are to be used at Customer’s own risk. Offroad Passport, LLC assumes no liability whatsoever, expressed or implied, for Customer’s use of the products. Offroad Passport, LLC reserves the right to cancel unfulfilled orders at any time.
In the event a product is listed with an incorrect price or with incorrect information due to typographical error, Offroad Passport, LLC shall have the right to refuse or cancel any orders placed for the product listed with an incorrect price or incorrect product information.
Domestic Shipping Policy:
Offroad Passport, LLC does not guarantee shipping times or shipping costs. Offroad Passport, LLC is not responsible for common carrier delays, including, without limitation, weather-related delays. In the event of a common carrier delay, Offroad Passport, LLC will not refund shipping charges.
Offroad Passport, LLC is proud to be using a secure payment service. Offroad Passport Website takes every precaution to protect our users’ information. When users submit sensitive information via the Website, your information is protected both online and offline.
Offroad Passport, LLC may revise and discontinue products at any time.
Refunds of Membership Dues and/or Forum Upgrades:
Refunds are not available to members terminated at the discretion of Offroad Passport. Refunds are not generally given to members who choose to terminate their relationship with Offroad Passport, although Offroad Passport reserves the right to consider special circumstances.
Disclaimer and Limitation of Liability as to the Terms of Service and User Agreement:
This agreement can be changed whenever necessary. In this case, the agreement becomes valid as soon as it is posted on this Website. In the event that any portion of this User Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this User Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the User Agreement.
Copyrights, Trade Names, and Trademarks, Etc.:
The intellectual property and website design at OffroadPassport.com along with the company name Offroad Passport are protected by trade name law, and other intellectual property right laws. You may use this website and our name only for your personal use.
Member Waiver and Release of Offroad Passport Liability:
Members of Offroad Passport will be asked to read, initial and sign the following waiver prior to attending any Offroad Passport sponsored activity or event. By consenting to be bound by the terms, conditions, disclaimers and limits of liability of the User Agreement, members additionally acknowledge that they have read, understand and consent to be legally bound by the waiver and release as part of the User Agreement.
Waiver: I HEREBY UNDERSTAND, ACKNOWLEDGE, AND AGREE AS FOLLOWS:
- That events and activities related to, associated with, or connected with Off-Highway Vehicle Travel and other activities which may be discussed on the public forum at OffroadPassport.com and thus become the focus of an Offroad Passport Sponsored Event, are inherently hazardous and dangerous activities which may expose me to hazards and risks, both natural and artificial, that may result in harm, loss, damage, personal injuries, or death.
- That my membership in Offroad Passport and participation in its events and activities is entirely voluntary and with a complete and full understanding that any and all such participation in, including, but not limited to Off-Highway Vehicle Travel, and any other activities which may be discussed on the public forum at OffroadPassport.com and thus become the focus of an Offroad Passport Sponsored Event is entirely voluntary and with a complete and full understanding that any and all such participation involves hazards and dangers that can result in harm, loss, damage, personal injuries, and death, and that I assume all risks and responsibility for any harm, loss, damage, personal injuries, or death resulting from, arising out of, or in connection with any and all such participation.
- That I have an obligation and responsibility to myself as well as to other members and the owners of Offroad Passport to conduct myself in a safe and reasonable manner and that I will not participate in Offroad Passport sponsored events or activities while suffering or experiencing any condition that might impair me or my judgment or in any other way reduce my ability to act in a safe and responsible manner.
- That I am responsible for checking and maintaining the safety and good operating condition of any and all personal vehicles, equipment or gear that I may utilize while attending or participating in an Offroad Passport event or activity, regardless of where or from whom I may have obtained such vehicles, equipment or gear, and that I use such vehicles, equipment and gear at my own risk. It is expressly understood, acknowledged, and agreed that Offroad Passport, LLC, it’s representatives, officers, directors, employees and/or agents, shall not be liable for any harm, loss, damage, personal injuries, or death resulting from the use of such vehicles, equipment or gear.
- That my vehicle or any vehicle I use to participate in an Offroad Passport sponsored event or activity must be legally registered and currently licensed for highway use, and must at least carry current state minimum liability insurance applicable in the licensing state.
- That my vehicle or any vehicle I use to participate in an Offroad Passport sponsored event or activity must be at least equipped with the factory seat, shoulder belts and roll bar, and must have at least one suitable recovery point in the front and at least one recovery point in rear.
- That it is my responsibility to assess my vehicle’s and my own ability to participate in any Offroad Passport sponsored event or activity, and that it is further my responsibility to end my participation in any event or activity if it becomes apparent that I or my vehicle is under qualified for that event.
- That in consideration of being permitted to attend an Offroad Passport event or activity, for myself and on behalf of my family and heirs, personal representatives and assigns, I hereby waive, release and discharge forever, Offroad Passport, LLC, it’s representatives, officers, directors, employees and/or agents, from any and all liabilities, claims, demands, or causes of action whatsoever, for any harm, loss, damage, personal injuries or death, due to negligence or any other cause, resulting from, arising out of, or in connection with my participation in any Offroad Passport event or activity.
I REPRESENT AND ACKNOWLEDGE THAT I HAVE FULLY READ THIS ACKNOWLEDGMENT OF RISK, WAIVER OF LIABILITY, AND RELEASE OF LIABILITY AND FULLY UNDERSTAND EACH AND EVERY PROVISION AND THAT I AM VOLUNTARILY EXECUTING THIS AGREEMENT. Rights of Termination:
This User Agreement is effective from the time the member accepts the terms herein, until terminated by either party hereto. Offroad Passport may terminate or suspend this User Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by going to the ‘Contact Us’ link on our website, click on the “Cancel Account” option in the email topic, or send your request to Offroad Passport headquarters address listed and include a specific request to do so. Your request to terminate will become effective after receipt of your specific request has been acknowledged by Offroad Passport. If you choose to terminate your Membership, the terms of this Agreement regarding materials you have posted or uploaded to our forums remain applicable. All provisions of this User Agreement pertaining to disclaimers, limitations of liability, copyrights, materials, and other provisions and rights shall survive termination.
Forum Selection and Choice of Law:
This agreement shall be interpreted under the laws of the State of Arizona. Any litigation under this agreement shall be resolved in the trial courts of Maricopa County, State of Arizona.
If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.