TERMS OF SERVICE

These Terms of Use (these “Terms”) are between you and Goofing OffRoad and its corporate affiliates (the “Company”), for the use of the goofingoffroad.com website (“the “Website”), as well as all related websites, networks, embeddable widgets, downloadable software, mobile applications (including phone, tablet, and other applications), and other services provided by us and/or on which a link to these Terms is displayed (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SERVICES.  BY USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LEGAL DISPUTES PROVISION IN SECTION 21 BELOW, WHICH PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION.  CERTAIN RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED.  YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS LEGAL DISPUTES CLAUSE IS APPROPRIATE FOR YOU.  YOU CAN OPT OUT OF THIS LEGAL DISPUTES CLAUSE BY FOLLOWING THE INSTRUCTIONS IN SECTION 13.

1 – ACCEPTANCE OF THE TERMS.

1.1.                Please read these Terms carefully before you use the Services. By using the Services, you signify that you have read, understand, and agree to be bound by these Terms, including our Privacy Policy and any additional terms, conditions, and policies referenced in these Terms and/or available by hyperlink. If you do not agree to these Terms, you must not access or use the Services.

1.2.                The Services are not intended for users younger than 18. If you are not at least 18, you must not access or use the Services. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations

2  – SERVICES OVERVIEW.

Our Services may contain message boards, chat rooms, personal web pages, profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content“) on or through the Services. All such User Content must comply with these Terms, including without limitation Section 9 Prohibited Uses and Section 10 User Content.

3 – CHANGES TO THE TERMS. 

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the Terms’ effective date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you must not use or access the Services. It is your responsibility to regularly review these Terms.

4 – LEGAL DISCLAIMER. 

We make no claims as to emission performance for street or highway use. Some equipment is not sold for street use in any state or country where state or federal regulations prohibit its use. Some items listed in the online catalog are intended for off-road use only. Federal regulations and some state laws prohibit the removal, modification, or rendering inoperable of any device or design element that affects vehicle emission or safety in a vehicle used on public highways. Violation of such laws may subject the owner or user to fines or penalties; we insist you check local and federal laws for compliance regulations prior to purchasing said parts. Please be aware that installation of performance products may void a manufacturer’s warranty coverage, if any, on your vehicle and that vehicles modified by the use of performance parts may no longer lawfully be used on public highways. Dealers, installers, and end-users assume all costs and risks associated with the purchase and installation of these items. The majority of products sold through our website are designed for U.S. vehicle fitment only, and many are restricted based on make and model year; it is the consumer’s responsibility to ensure the products being purchased are compatible with the intended vehicle make, model, year, and current performance application. As most aftermarket products are engineered for compatibility with OEM components, the consumer also assumes all responsibility and risk associated with any potential conflicts or problems that may arise from the use of multiple aftermarket products.

5 – PRICING. 

All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through the Website at any time at our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information received from our suppliers, the Company shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.

6 – ACCESSING THE SERVICES AND ACCOUNT SECURITY.

6.1.                To access the Services, you may be asked to provide certain registration details or other information. As a condition of your use of the Services, all information you provide on the Services must be correct, current, and complete. You agree that all information you provide to us, including but not limited to through the use of any interactive feature, is governed by our Privacy Policy. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.

6.2.                If you choose, or are provided with, a username, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree to accept responsibility for all activities that occur under your account. You agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.

6.3.                We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

7 – INTELLECTUAL PROPERTY.

7.1.                The Services and all content, features, and functionality thereof , including but not limited to text, images, icons, graphics, artwork, photographs, trademarks, logos, sounds, music, videos, interfaces, computer codes, and domain names, and all other elements of the Services (collectively designated as “Content“), and selection, arrangement, organization, coordination, expression, look and feel, and design of such Content is owned, controlled or licensed by or to Company or a third party, and is protected by United States and international copyright, patent, trade dress, trade secret and trademark laws, and various other intellectual property rights and unfair competition laws. All intellectual property associated with such Content, and the rights to said property and Content, belong to and shall remain the sole property of Company and its licensors, and may not be used unless as otherwise expressly authorized by Company. You may not modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means, in whole or in part, the Content without the Company’s prior written permission. You may not republish the Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Company reserves all rights to the Content not granted expressly in these Terms.

7.2.                All trademarks, logos, trade dress and service marks displayed in connection with the Services are trademarks of the Company or third parties and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. 

8 – COPYRIGHT INFRINGEMENT. 

We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the deletion in appropriate circumstances of content that infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Goofing OffRoad, 4790 Caughlin Parkway #109 Reno, NV 89519, Attn: Copyright Agent. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). 

9 – PROHIBITED USES. 

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

9.1.                Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to or from the US or other countries).

10 – USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS.

If you send or post content or other submissions on or via the Service (e.g., contest entries, user posting areas, community forums, comments sections, using contract us tools, etc.), or otherwise, with or without a request from us, (collectively, “User-Generated Content” or “UGC”), you hereby grant Goofing OffRoad, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.

Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Goofing OffRoad to your UGC, you also, as permitted by applicable law, hereby grant and agree to grant to Goofing OffRoad the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.

We are and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay compensation for any UGC or provide you other consideration or attribution; or (3) to respond to any UGC. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You represent, warrant, and agree that your UGC will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your UGC will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or harm us or any other User of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any UGC. You remain the owner of your UGC, subject to our licensed rights, and are solely responsible it. We take no responsibility and assume no liability for any UGC posted by you or any third-party.

11 – COMMUNITY USAGE RULES.

As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”).

(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:

• Your UGC. All of your UGC either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Goofing OffRoad. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Goofing OffRoad as your UGC, then you must obtain your friend’s and the photographer’s permission to do so.)
• Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
• Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your UGC might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or handicap. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not feature children under the age of eighteen (18).
• Do Not Use for Commercial or Political Purposes. Your UGC must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
• Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Do Not Use for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
• Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
• Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and UGC that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when otherwise disclosing this type of information to others.
• Don’t Share Other People’s Personal Information. Your UGC should not reveal another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Goofing OffRoad (e.g., an email address to send an email invite to a friend).
• Don’t Damage the Service or Anyone’s Computers or Other Devices. Your UGC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.

If you submit UGC that Goofing OffRoad reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.

12- PERSONAL INFORMATION.

Your submission of personal information through the Service is governed by our Privacy Policy. By using our Services you also consent to our practices as outlined in our Privacy Policy.

13 – LEGAL DISPUTES. 

13.1        Law for Legal Disputes. All disputes arising out of or relating to these Terms (“Disputes”) will be governed by and construed in accordance with the laws of the State of Wyoming, excluding Wyoming conflict of law rules.

13.2        Binding Arbitration.

13.2.1    In the interest of resolving Disputes between you and Goofing OffRoad in the most expedient and cost effective manner, you and Goofing OffRoad agree that any and all Disputes will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Goofing OffRoad ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.2.2    Any arbitration between you and Goofing OffRoad will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at https://www.adr.org/  , by calling the AAA at 1-800-778-7879, or by contacting Goofing OffRoad.

13.2.3    A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Goofing OffRoad’s address is set forth in Section 21.  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement within 30 days after the Notice is received, you or Goofing OffRoad may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Goofing OffRoad will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

13.2.4    If you commence arbitration in accordance with these Terms, Goofing OffRoad will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, CA, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Goofing OffRoad for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

13.2.5    Notwithstanding this subsection, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement or misappropriation claims.

13.3        Jury Trial Waiver. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

13.4        Class Action Waiver. NEITHER PARTY TO THESE TERMS MAY ASSERT CLAIMS AGAINST THE OTHER PARTY ON BEHALF OF OTHERS (E.G., IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY) IN A LITIGATION, ARBITRATION OR ANY OTHER PROCEEDING ARISING OUT OF OR RELATING TO A DISPUTE, AND NEITHER THE COURT NOR ANY ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD RELIEF FOR OR AGAINST ANYONE ON A CLASS OR REPRESENTATIVE BASIS. 

13.5        Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS LEGAL DISPUTES PROVISION, IN WHOLE OR IN PART, YOU MUST NOTIFY Goofing OffRoad IN WRITING WITHIN SIXTY (60) CALENDAR DAYS OF THE DATE THAT YOU FIRST RECEIVE THESE TERMS BY MAIL TO THE ADDRESS IN SECTION 21.  YOUR NOTIFICATION MUST INCLUDE YOUR ACCOUNT NUMBER AND A CLEAR STATEMENT OF YOUR INTENT, SUCH AS “I REJECT THE CLASS ACTION WAIVER IN Goofing OffRoad’S TERMS” OR “I REJECT THE LEGAL DISPUTES CLAUSE IN Goofing OffRoad’S TERMS.” YOUR DECISION TO OPT OUT OF THIS LEGAL DISPUTES PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. 

13.6        Severability.  If any part of this Legal Disputes clause is determined to be void or unenforceable for any reason, the remainder of this Legal Disputes clause shall remain in effect to the maximum extent possible, and the void or unenforceable part shall be severed from the rest of the Terms.  However, any disputes as to the validity of this Legal Disputes clause, including the waiver of rights to participate in any class action, shall be determined by a court of competent jurisdiction.  Notwithstanding the foregoing, in the event that the class action (or similar representative action) waiver in this Legal Disputes clause is deemed invalid or unenforceable, then the entire Arbitration Option clause shall be null and void.

13.7        Survival. This Legal Disputes clause shall survive any expiration or termination of these Terms or your Services with Goofing OffRoad.

14 – NOTICES.

Except as specified otherwise in these Terms, all notices to Goofing OffRoad must be sent to 4790 Caughlin Parkway #109 Reno, NV 89519 by certified mail, and will be deemed given upon receipt by Goofing OffRoad. All notices by Goofing OffRoad to you will be sent to the email address you have made available to Goofing OffRoad, and will be deemed given on the day sent.

15 – CONSENT TO ELECTRONIC COMMUNICATIONS.

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

16 – GENERAL TERMS.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Goofing OffRoad with respect to the Services and supersede all prior agreements with respect to the Services. Except as expressly permitted herein, the Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. If any provision of these Terms is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court shall fully enforce the resulting Terms.  Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

17 – YOUR COMMENTS AND CONCERNS.

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to is help@goofingoffroad.com.