Terms of Service
Safe Sled, LLC, a Texas limited liability company
Welcome to www.Safesledoffroad.com (the “Site”). The Site is the property of, and is operated by, Safe Sled, LLC, a Utah limited liability company (hereinafter “Safe Sled” or “we”, “our”, “us”, etc.). We request all visitors to, or users of, the Site (“You”) to carefully review this Site’s terms of use (“Terms of Use”) and the Privacy Policy before continuing to access or use the Site. Please click on the link to our https://safesledoffroad.com/policies/terms-of-service and review our Privacy Policy, which is incorporated herein by reference. By accessing or using the Site, You accept to be legally bound by all these Terms of Use and the Privacy Policy. If You do not accept these Terms of Use, You are not permitted to use the Site and You must discontinue access or use of the Site.
Use of Information
Your information may be used in different ways, including, but not limited to, the following:
- We may use Your contact information to send You emails or other communications regarding updates to the Site, such as new Safe Sled products which may be of interest to You.
- We may use the information we gather on the Site, whether personal, demographic, collective or technical, for the purpose of operating and improving the Site, and fostering a positive user experience.
- We may also use the information we gather to inform You of other products or services available from Safe Sled or our affiliated companies or to contact You about Your feedback on current products or potential new products that may be offered.
- Any feedback You submit becomes the property of Safe Sled, and such feedback (such as reviews of products) may be used for marketing purposes or to contact You for further information.
While Safe Sled encourages any third parties involved to adhere to our policies regarding the privacy of our Users (as defined herein) and to otherwise handle Personal Information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use the information received either from Safe Sled or independently. Nevertheless, in the event You encounter any third party associated with, or who claims association with Safe Sled, whom You feel is improperly collecting or using information about You, please contact info@safesledoffroad.com.
Your Use of the Site
Non-Permitted Uses. You are permitted to use the Site and the Content (as defined herein) for Your private, personal and non-commercial use only, and always in compliance with these Terms of Use. You may not and may not permit, assist or allow any third party to:
- copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify, alter or create derivative works from, sell, license or otherwise distribute this Site or any Content, including, but not limited to, mirroring, framing or linking to any other computer, server or website;
- access or use this Site or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on Your own website;
- use any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the Site or any Content or any portion thereof, or in any way reproduce the structure or presentation of the Site or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- access or attept to access any portion or feature of the site that you are not allowed to access without authorization, or any other systems or networks connected to the site or any Safe Sled server, by hacking, password mining or any other illegitimate means;
- (1) probe, scan or test the vulnerability of the Site or any network connected to the site, nor breach any security or authentication measures on the Site; (2) reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Site; (3) exploit the site or any service or information made available or offered by or through the site; or (4) use the site or the content for any unlawful purposes or for any purposes not allowed by these Terms of Use or for soliciting the performance of any illegal activity or for any other activity which infringes the rights of Safe Sled or others; or
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site, or any systems or networks connected to the site. You agree not to use any device, software or routine to interfere or attempt to interfere, with the proper working of the site or with any other person’s use of the site.
Any other use of the content or material on this Site, including reproduction for purposes other than Your private, personal and non-commercial use, modification, distribution or republication, without the express prior written consent of Safe Sled, is strictly prohibited. Your limited right to use the content and the site terminates automatically, without notice to You, if You breach any of these Terms of Use.
Copyright and Trademark
The original content of the site, including without limitation the text, software, graphics, photos, and images (“Content”), are owned by or licensed to Safe Sled, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Safe Sled reserves all rights not expressly granted in and to the site and the content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the content. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform or distribute the content in any way for any public or commercial purpose.
Certain names and logos contained in the Site, are the trademarks and service marks of Safe Sled. Such marks may not be used without the express written authorization from their respective owners. Nothing on the Site shall be construed as conferring any license under any of Safe Sled’s trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.
Privacy and Security
Privacy. Personal Information that You are required to provide to Safe Sled through the site shall be subject to the Privacy Policy, available and downloadable on the site. Except as otherwise set forth in the Privacy Policy, You are responsible for maintaining the confidentiality of Your personal Information. Your privacy and the privacy of all of our other visitors who have accepted to be bound by the Terms of Use (“Users”) is very important. The Privacy Policy is incorporated by reference herein and by accepting to be bound by the Terms of Use You are also accepting to be bound by the Privacy Policy.
Security. Safe Sled has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to access this information and use Your Personal Information for improper purposes, and Safe Sled will not be liable for any loss or damage resulting from any such unauthorized use.
Jurisdiction and Local Restriction
Your data will be stored and processed in whole or in part in the State of Texas, United States. If You access the Site outside the United States, your usage of the Site constitutes Your consent to the transfer of Your data out of Your country and to the State of Texas, United States.
The site is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the availability of the site is prohibited by law or otherwise, including but not limited to persons residing in the European Union. Persons or other entities to whom such prohibitions apply must not access thesSite.
Changes to the Terms of Use and the Site
Safe Sled reserves the right to change, modify, revise, add or remove portions of these Terms of Use by updating this posting, at any time and without prior notice to You. You are responsible for checking this page periodically for changes and updates to the Terms of Use. If you do not agree to any such change, you must discontinue the access or use of the Site. Your continued use of the Site after the posted changes to the Terms of Use will be deemed an acceptance of such changes.
Compliance with the Terms of Use and Indemnity
You represent and warrant that (i) You have the power and authority to enter into these Terms of Use; and (ii) Your use of the Site will comply with these Terms of Use. You agree to indemnify and hold harmless, and at Safe Sled’s option, defend Safe Sled, and any of its subsidiaries and affiliates, and its and their officers, directors, partners, members, managers, shareholders, employees, agents, attorneys, representatives, contractors, suppliers, licensors, successors and assigns from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, demands, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to, or arising out of, any breach of these Terms of Use or any use of the Site by You. We may assume exclusive control of any defense or any matter subject to indemnification by You, and You agree to cooperate with us in such an event.
Disclaimer of Warranties
The use of the site is at your own sole risk, and You are entirely responsible for your use of the site and any linked sites. Safe Sled takes reasonable measures to protect the site and the content from viruses and defects but cannot guarantee that your computer equipment, hardware or software or any data stored or created by Your computer equipment, hardware or software (collectively, “equipment”) will not be damaged, corrupted, lost or otherwise affected if You access or use the Site or any content. Without limiting the foregoing, Safe Sled shall not be held responsible for any unauthorized changes to the Content.
No advice or information, whether oral or written, obtained by you from Safe Sled or through or from the site shall create any warranty not expressly stated in the Terms of Use.The site and the content are delivered on an “AS-IS” and “AS AVAILABLE” basis. SAFE SLED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Safe Sled further disclaims any and all liability for the acts, omissions, or conduct of any third parties in connection with or related to your use of the site, including, without limitation, any liability for any third-party content or other third-party information available on or through the Site, or any unauthorized use or access by third parties.
Safe Sled does not warrant that the site or any content, service or feature of the site will be uninterrupted, timely or secure, that there will be no virus, destructive features or that any defects will be corrected, or that Your use of the site will provide specific results. Safe Sled reserves the right to change, suspend or interrupt the functionality of the Site and the Content at any moment without notice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFE SLED SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND/OR CONTENT OR ANY INFORMATION CONTAINED THEREIN, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR (I) ANY LOSS OF OR CORRUPTION OR UNAUTHORIZED ACCESS TO DATA; (II) LOSS OF OR DAMAGE TO YOUR EQUIPMENT; (III) ANY RELIANCE ON THE INFORMATION CONTAINED ON THE SITE; OR (IV) ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE.
NOTWITHSTANDING ANY OTHER TERM OF THESE TERMS OF USE TO THE CONTRARY, ANY LIABILITY OF SAFE SLED, LLC FOR ANY CLAIM OF YOURS IS STRICTLY LIMITED TO THE AMOUNT PAID BY YOU FOR THE CURRENT TERM OF YOUR MEMBERSHIP, IF ANY.
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS SAFE SLED'S LIABILITY TO YOU FOR FRAUD OR GROSS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY MANDATORY PROVISION OF APPLICABLE LAW.
General Terms
These Terms of Use are governed by the laws of the State of Utah without regard to its conflict of law provisions. The state and federal courts in Texas shall have personal and exclusive jurisdiction over any disputes arising out of the use of the site and/or in connection with these Terms of Use, save for any right under mandatory provisions of applicable laws that establish legal proceedings in the place of residence or domicile of the users. These Terms of Use set forth the complete agreement between you and Safe Sled with respect to Your use of the Site and supersede and replace any prior understanding, whether oral or in writing. The failure of Safe Sled to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
Alternative Dispute Resolution
The parties agree that in the event of a claim or dispute arising under or related to this agreement the parties shall first seek resolution exclusively through mediation through a mediator mutually agreed to by the parties.
If a resolution of the dispute is not reached through mediation, then any dispute relating in any way to your visit to the Site or to products you purchase through the site shall be submitted to confidential arbitration in Tomball, Texas, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Tex’s, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted by one arbitrator under the rules then prevailing of the Texas Uniform Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.