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Terms of Service
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.
Prohibited Activities: 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:
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.
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.
Typographical Errors: 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.
Security Policy: 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.
Updates: 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:
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.
Severability: 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.
We hope you enjoy using the Offroad Passport Website, and we welcome your suggestions for improvement. Please feel free to contact us any time we may help improve your online experience at our website.
The Offroad Passport Team