Terms and Conditions
Last Modified: May 25th, 2017
- Accessing Retrax.com and Account Security
- Intellectual Property Rights
- Prohibited Uses
- User Contributions
- Monitoring and Enforcement; Termination
- Content Standards
- Copyright Infringement
- Reliance on Information Posted
- Changes to Retrax.com
- Information About You and Your Visits to Retrax.com
- Online Purchases
- Linking to Retrax.com and Social Media Features
- Links from Retrax.com
- Warranty Claims for Products Sold on retrax.com
- Product and Pricing Information on Retrax.com
- Limitation on Liability
- Governing Law and Jurisdiction
- Waiver and Severability
- Entire Agreement
- Your Comments and Concerns
Retrax.com is offered and available to users who are 18 years of age or older. By using retrax.com, you represent that you are 18 years of age or older, or if you are younger than 18, you are visiting the site under the supervision of a parent or guardian.
We reserve the right to withdraw or amend retrax.com, and any service or material we provide on retrax.com, at our sole discretion without notice. We will not be liable if for any reason all if any part of retrax.com is unavailable at any time or for any period. From time to time, we may limit access to some parts of retrax.com, or the entire retrax.com site, to users, including registered users.
Any username, password, and any other piece of information that provides access to your account must be treated as confidential. You must not disclose this information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to retrax.com or portions of it using your user name, password, or other security information. Any transaction performed under your user name and password is considered your responsibility. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password, or any other such breach of security. You also 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.
Retrax.com and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Retrax, its licensors, or other providers and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- You may print or download one copy of a reasonable number of pages of retrax.com for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
- Alter copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
The Retrax name, the terms Retrax, the R logo design and all related names, logos, product and service names, designs, and slogans are trademarks of Retrax or its affiliates or licensors. You may not use such marks without the prior written permission of Retrax. All other names, logos, product and service names, designs, and slogans on retrax.com are the trademarks of their respective owners.
- In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate a Retrax employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of retrax.com, or which, as determined by us, may harm Retrax or users of retrax.com or expose them to liability.
Additionally, you agree not to:
- Use retrax.com in any way that could disable, overburden, damage, or impair the site or interfere with anyone else’s use of retrax.com, including their ability to engage in real time activities through retrax.com.
- Use any robot, spider, or other automatic device, process, or means to access u retrax.com for any purpose, including monitoring or copying any of the material on retrax.com.
- Use any manual process to track or copy any of the material on retrax.com or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of retrax.com.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of retrax.com, the server on which retrax.com is stored, or any server, computer, or database connected to retrax.com.
- Attack retrax.com via a denial-of-service attack or a distributed denial-of-service (DDOS) attack.
- Otherwise attempt to interfere with the proper working of retrax.com.
Retrax.com may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through retrax.com.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on retrax.com, you grant us, our affiliates, our service providers, and each of their and our respective licensees, successors, or assigns the royalty-free right to use, reproduce, alter, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Retrax, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of retrax.com.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of retrax.com.
We have the right to cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or information of anyone posting any materials on or through retrax.com. You waive and hold harmless Retrax and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or take as a consequence of, investigations by either Retrax or law enforcement.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety follow all applicable federal, state, local, and international laws and regulations. Without limit to the foregoing, User Contributions may not:
- Contain any material that is libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, send us a notice of copyright infringement to Contact Us. It is the policy of Retrax to terminate the user accounts of repeat offenders.
Retrax.com includes content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials are solely the opinions of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Retrax. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
We regularly update the content on retrax.com, but there may be times when content is not fully complete or up-to-date.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Retrax.com may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on retrax.com.
- Send emails or other communications with certain content, or links to certain content, on retrax.com.
- Cause limited portions of content on this retrax.com to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided. You may not:
- Establish a link from any retrax.com that is not owned by you.
- Cause retrax.com or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of retrax.com other than the homepage.
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
If retrax.com contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Each product on our site is backed by a manufacturer's warranty. Although the specific terms of warranties vary from product to product, many of these products are warranted for the life of the vehicle. If you want specific warranty information on a product, please contact our Customer Service Department. Retrax is not responsible for providing warranty or returns, but we will assist with this process with the manufacturer to help you.
If a product on retrax.com is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for such product. If your credit card has already been charged for the purchase and your order is cancelled, Retrax will issue a credit to your credit card in the amount of the incorrect price.
Your use of retrax.com, its content, and any services or items obtained through retrax.com is at your own risk. They are all provided on an “as is” and “as available” basis, without any warranties expressed or implied. Neither Retrax nor anyone associated with Retrax makes any warranty or representation about the completeness, security, reliability, quality, accuracy, or availability of retrax.com. Neither Retrax nor anyone associated with Retrax warrants that retrax.com, its content, or any services or items obtained through retrax.com will be accurate, reliable, error-free, or uninterrupted. We do not warrant that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that retrax.com or any services or items obtained through retrax.com will otherwise meet your needs or expectations.
To the full extent of the law, Retrax hereby disclaims all warranties of kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or retrax.com will be free of viruses or other destructive code. You are responsible for having your own anti-virus protection in place and for maintaining a means external to our site for restoring any lost data. To the full extent of the law, we will not be liable for any loss or damage caused by a distributed denial of service (DDOS) attack, viruses, or other material harmful to technology that may infect your computer’s hardware or software or other material you own to your use of retrax.com or any services or items obtained through retrax.com or to your downloading of any material posted on it, or any website linked to it.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
In no event will Retrax, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, retrax.com, any websites linked to it, any content on retrax.com or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
retrax.com is operated by Retrax which is located at:
917 South 46th Street.
Grand Forks, ND 58201
All notices of copyright infringement claims should be sent to Contact Us.
All other feedback, comments, requests for technical support, and other communications relating to retrax.com should be directed to: Contact Us.