Last Updated: 01/01/2023
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Rightline Gear (“Rightline Gear”, “we”, “our”, or “us”).
Please read these Terms carefully before using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services.
Use of Services
You may use our Services only if you agree to form a binding contract with Rightline Gear and are not prohibited from receiving services under applicable law.
This contract includes (1) these Terms; (2) our Privacy Policy; and (3) any additional terms that may be presented prior to your use of a special feature, product, promotion, or service we offer on or through our Services. This contract constitutes the entire agreement relating to your use of the Services.
You represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not create an account with us or otherwise access or use the Services.
Accounts and Registration
To access certain features or Services, you may be required to register for an account. When you register for an account, you agree to (1) provide accurate, current, and complete account information; (2) maintain and promptly update your account information; (3) maintain the security of your account credentials; and (4) accept all risks of unauthorized access to information provided through your account.
You are responsible for all activity that occurs on or through your account. You may not transfer your account to any other person without our prior written consent. If you have reason to believe that your account is no longer secure or if you suspect that your account has been compromised, you must notify us immediately.
Sales, Payment, Shipping & Returns
Purchases you make through the Services are subject to our shipping, payment, and returns policies.
All descriptions, images, references, features, content, specifications, products, prices, and availability of products and Services are subject to change without notice. The inclusion of any products or Services on the Services does not imply or warrant that these products or Services will be available.
We reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions at any time without prior notice.
Prohibited Conduct
Your access and use of our Services is subject to all applicable laws and regulations, as well as certain restrictions outlined in these Terms. You are solely responsible for ensuring that your access and use complies with applicable law.
You agree that you will NOT use our Services:
- In any way that violates local, state, national, or international law, including without limitation any laws relating to intellectual property or other proprietary rights;
- To exploit, harm, or attempt to exploit or harm children in any way;
- To transmit, distribute, or store material that contains viruses, trojan horses, worms, time bombs, or any other programs that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
- To access or tamper with any data or systems without authorization;
- To forge headers, impersonate, or otherwise manipulate information in order to disguise the origin of any content transmitted through the Services;
- To “frame” or “mirror” any part of the Services without our prior written authorization;
- To use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- In any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services;
- To obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Services.
Intellectual Property
The Services and all content therein (“Rightline Gear IP”) are the exclusive property of Rightline Gear and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices on or incorporated in our Services.
Trademarks, logos, and service marks displayed on our Services are registered and unregistered marks of Rightline Gear and various third parties. Nothing on our Services or in these Terms shall be deemed to confer any license or right to use any trademark without express written permission from Rightline Gear or the owner of the trademark.
Any feedback, questions, comments, suggestions, ideas, improvements or other information provided by users or visitors to our Services, whether by email, posting through our Services or otherwise (“User Feedback”), is and will be treated as non-confidential and non-proprietary. You hereby grant to Rightline Gear a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, display, perform, adapt, modify, distribute, make derivative works from and otherwise exploit such User Feedback for any purpose.
Third Party Content
The Services may integrate, include or make available third-party software, content, data or other materials (“Third Party Materials”). We do not control, endorse, sponsor, or adopt any Third Party Materials, and we make no representations or warranties of any kind regarding such Third Party Materials, including without limitation regarding their accuracy or completeness. Your use of Third Party Materials is at your own risk, and we shall have no liability to you for your access or use of Third Party Materials.
Indemnification
You will defend, indemnify, and hold harmless Rightline Gear, its affiliates, vendors, and licensors, as well as the officers, directors, owners, agents, and employees of each, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from or relating to:
(i) your access and use of our Services, including any data or content transmitted or received by you;
(ii) your violation of any of these Terms, any representations, warranties, or agreements referenced herein, or any applicable law or regulation;
(iii) any action taken by Rightline Gear as part of an investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.
This defense and indemnification obligation will survive termination of these Terms or of your use of the Services.
Disclaimer of Warranties
Your access and use of our Services is entirely at your own risk. Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.
To the maximum extent permitted under applicable law, Rightline Gear and its vendors and licensors disclaim any implied warranties, including without limitation:
- Warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- That the Services are or will remain accurate, complete, current, secure, uninterrupted,virus-free, or error-free;
- That information will be secure or not otherwise lost or altered;
- That defects or errors in the Services will be corrected;
- Regarding the quality, accuracy, timeliness or completeness of Service content.
No advice or information, whether oral or written, obtained by you from Rightline Gear through use of the Services shall create any warranty not expressly stated in these Terms.
Limitation of Liability
Rightline Gear and its vendors and licensors will not be liable to you or any third parties under any circumstances for any (i) errors, mistakes, or inaccuracies in content; (ii) personal injury or property damage resulting from your access or use of our Services; (iii) unauthorized access or use, alteration, loss, or destruction of your information or data; (iv) lost profits, revenues, savings, or goodwill, loss of use, loss of time, loss of business opportunities, or other consequential, incidental, indirect, punitive, special, or exemplary damages; (v) bugs, viruses, or malware accessible through the Services; or (vi) acts or omissions of any third parties using or integrating with the Services.
No matter the theory of liability, Rightline Gear shall not be liable to you under or in relation to these Terms for any damages, in the aggregate, in excess of the greater of (A) the amounts paid by you to Rightline Gear under these Terms during the 12-month period immediately preceding the event giving rise to the claim for liability, or (B) $100.
This limitation of liability shall apply regardless of whether the damages are foreseeable and whether either party has been advised of the possibility of such damages. This limitation of liability, however, shall not apply to liability arising out of your breach of these Terms or any representations, warranties or covenants made by you hereunder.
Release
You release Rightline Gear and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.
Modifications
Rightline Gear reserves the right to modify or discontinue the Services or your account at any time and for any reason, without notice. We may also modify these Terms from time to time. You agree to review these Terms periodically for any updates or changes. You can review the most current version of the Terms at any time on this page. Any changes or modifications will be effective upon posting of the revisions, and your continued access or use of the Services indicates your acceptance of such changes and modifications.
Termination
We reserve the right to suspend, restrict, or terminate your access to or use of any and all Services, at any time and for any reason without notice or liability. Grounds for restriction, suspension or termination may include: (i) breaches or violations of these Terms or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification of the Services or any part thereof; (iv) unexpected technical issues or problems; (v) extended periods of account inactivity; and (vi) your engagement in conduct that we determine is harmful to our business, the Services or other users. Further, you agree that all terminations shall be made in our sole discretion and that we will not be liable to you or any third party for any termination of your account or access to the Services.
Governing Law
These Terms and your access to and use of the Services will be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Los Angeles, California and the United States, respectively.
DISPUTE RESOLUTION AND ARBITRATION
Please read this Arbitration Agreement carefully. It requires you to arbitrate disputes with Rightline Gear and limits the manner in which you can seek relief from us.
You and Rightline Gear agree to arbitrate any dispute arising from these Terms or your use of the Services, except that (1) you may assert claims in small claims court if your claims qualify; and (2) either party may pursue claims in court if they relate solely to the collection of any debts you owe to us. TO BE CLEAR: YOU AND RIGHTLINE GEAR AGREE (1) TO ARBITRATE ALL DISAGREEMENTS AND DISPUTES BETWEEN US; (2) THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; (3) THAT YOU ARE GIVING UP THE RIGHT TO BRING A LAWSUIT TO HAVE DISPUTES DECIDED BY A JUDGE OR JURY; (4) YOU ARE GIVING UP THE RIGHT TO PARTICIPATE IN CLASS ARBITRATIONS OR A CLASS ACTION LAWSUIT; AND (5) INFORMATION ABOUT THE ARBITRATION PROCESS, THE RULES, FEES AND RIGHTS TO REVIEW AND APPEAL. THIS ARBITRATION CLAUSE WILL SURVIVE TERMINATION OF THESE TERMS OR THE SERVICES.
Any arbitration between you and Rightline Gear will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). The AAA Rules and information about arbitration and fees are available at www.adr.org or by calling 1-800-778-7879.
No Class Actions
You may only resolve disputes with Rightline Gear on an individual basis. You agree that by entering into this agreement, you and Rightline Gear are waiving the right to participate in a class action, private attorney general action, or other representative proceeding of any kind.
Severability
If any portion of these Terms is determined by a court or arbitrator to be invalid or unenforceable, you and Rightline Gear agree that such portion will be modified to the minimum extent necessary to make such portion valid and enforceable. The invalidity or unenforceability of any provision will not affect the validity or enforceability of the remaining provisions.
Entire Agreement
These Terms constitute the entire agreement between you and Rightline Gear relating to use of the Services. Any failure by Rightline Gear to exercise or enforce any provisions of these Terms shall not constitute a waiver of such right or provision. These Terms do not create or confer any third-party beneficiary rights. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Contact Us
Please feel free to contact us if you have any questions about these Terms:
Rightline Gear®
3467 Overland Ave
Los Angeles, CA 90034
Email: [email protected]
Phone: 888-301-0640