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Terms & Conditions

RHINO-RACK Cash Back On Pioneer Platform Terms & Conditions

This offer is valid only for in-stock Rhino-Rack 5 Series Pioneer Platform purchased through dealers in the United States or Canada. Offer valid for US & Canada residents only. Offer limited to one rebate per receipt. Maximum rebate is $750.00 per individual. $100 minimum purchase to receive offer. This offer cannot be combined with any other rebates, coupons, or affiliate programs. The cash back offers will not be combined. Incomplete submissions will be denied. Requests with invalid or undeliverable address will be denied. Resellers or associations are not eligible. Offer is not valid on purchases made on ebay.com , amazon.com , and rhinorack.com. Please allow 6-15 weeks for delivery. Offer sponsor and service provider are not responsible for lost or misdirected mail. No claims against ‘lost’ materials can be honored unless accompanied by proof of receipt. Please retain a copy of all documentation. Void where prohibited or restricted by law. This offer will not accept further processing activity one month from the last valid purchase date (April 30th, 2024). Consumers have 6 months from the end of the offer to submit documents to fix incomplete submissions or missing requirements. For information or questions regarding the status of your rebate claim email help@datarebate.com. Rebate paid in US funds.

Terms and Conditions for User-Generated Images in TOMS OFFROAD Social Media Posts

Introduction: By posting images (hereinafter "Content") on our official TOMS OFFROAD social media accounts, you agree to comply with these terms and conditions. These terms govern the use of user-generated content in TOMS OFFROAD's social media posts.

Grant of Rights: By posting Content on our TOMS OFFROAD social media accounts, you grant TOMS OFFROAD a non-exclusive, royalty-free, worldwide, irrevocable, and sublicensable right to use, reproduce, distribute, modify, adapt, display, and publish the Content for promotional and marketing purposes.

Ownership: You retain ownership of the Content you post. However, by posting on our TOMS OFFROAD social media accounts, you acknowledge that TOMS OFFROAD may use, modify, or adapt the Content in accordance with these terms.

Usage Authorization: You represent and warrant that you have the right to grant the above-mentioned rights, and that the use of the Content by TOMS OFFROAD does not infringe upon the rights of any third party.

Credit and Attribution: TOMS OFFROAD may, but is not obligated to, provide credit or attribution to the creator of the Content when used in social media posts. We reserve the right to determine when and how attribution is given.

Exclusions: TOMS OFFROAD will not use Content that is offensive, inappropriate, infringes upon the rights of others, or violates any applicable laws or regulations. We reserve the right to remove or refuse to use any Content at our discretion.

Termination of Rights: You may request the removal of your Content from our social media posts by contacting marketing@tomsoffroad.com. TOMS OFFROAD reserves the right to cease using and remove any Content from our social media posts at any time.

Indemnification: You agree to indemnify and hold TOMS OFFROAD harmless from any claims, damages, or liabilities arising out of or related to the use of your Content as permitted under these terms.

Modification of Terms: TOMS OFFROAD reserves the right to modify or update these terms at any time. You are encouraged to review these terms regularly.

Contact Information: For questions or concerns regarding these terms, please contact us at marketing@tomsoffroad.com.

By posting Content on our TOMS OFFROAD social media accounts, you acknowledge that you have read, understood, and agreed to these terms and conditions.

$500 SMS Store Credit Giveaway - Terms and Conditions:

1. Eligibility:

  • The store credit giveaway is open to customers who sign up for SMS alerts during the specified promotional period.
  • Participants must be at least 18 years of age and legal residents of the designated country.
  • Void where prohibited.

2. Entry Period:

  • The promotional period for entering the store credit giveaway will be clearly specified in promotional materials.

3. Entry Requirements:

  • To be eligible, participants must sign up for SMS alerts using the designated opt-in method during the promotional period.
  • Only one entry per person is allowed.

4. Store Credit Amount:

  • The store credit giveaway will consist of a one-time store credit of $500.

5. Notification of Winner:

  • The winner will be randomly selected from the pool of eligible participants.
  • The winner will be notified via the contact information provided during the SMS alerts sign-up process.
  • If the winner does not respond within 72 hours of first notification, a new winner will be randomly selected.

6. Store Credit Redemption:

  • The $500 store credit is non-transferable and can only be used by the individual who won.
  • The store credit can be redeemed for purchases at our store and cannot be exchanged for cash or any other form of credit.

7. Expiry Date:

  • The store credit must be used within a specified period, as indicated in the notification to the winner.

8. Exclusions:

  • The store credit cannot be used in combination with other promotions, discounts, or offers unless explicitly stated otherwise.

9. Right to Cancel or Modify:

  • We reserve the right to cancel, modify, or suspend the store credit giveaway in the event of any unforeseen circumstances or technical issues that may compromise the integrity of the promotion.

10. Privacy:

  • By participating, entrants agree to the collection, use, and disclosure of their personal information for the purpose of administering the giveaway, in accordance with our Privacy Policy.

11. Disqualification:

  • Any attempt to manipulate or tamper with the entry process will result in disqualification.
  • Participants found in violation of these terms and conditions may be disqualified from future promotions.

12. Agreement to Terms:

  • Participation in the store credit giveaway constitutes the participant's full and unconditional agreement to these terms and conditions.

13. Contact:

  • For any inquiries regarding the giveaway or these terms and conditions, please contact our customer support at info@tomsoffroad.com.

These terms and conditions are subject to change at our discretion, and any updates will be communicated through our official channels.

 

TOMS OFFROAD Promo Code Terms and Conditions:

  1. Validity:

    • The promo code is valid for a single use only.
    • The code is applicable during the specified promotional period.

  2. Redemption:

    • The promo code must be entered at the time of checkout on the designated platform or website.
    • Each promo code is unique and cannot be used in conjunction with other promotions or discounts.

  3. Exclusions:

    • The promo code may not be applicable to certain products or services as determined by the issuer.
    • It cannot be used for previous purchases and has no cash value.

  4. Usage Restrictions:

    • The promo code is non-transferable and can only be used by the individual to whom it was issued.
    • Unauthorized reproduction, resale, or transfer of the code is prohibited.

  5. Expiration:

    • The promo code expires on the specified date and will not be valid for use beyond that period.
    • Expired codes will not be extended or reissued.

  6. Limitations:

    • The promo code may have limitations on the quantity or value of the discounted items.
    • The issuer reserves the right to modify or terminate the promotion at any time without prior notice.

  7. Abuse of Promo Code:

    • Any attempt to manipulate or abuse the promo code system, including but not limited to fraud, will result in the code being voided.
    • The issuer reserves the right to take legal action for any fraudulent activities.

  8. Non-Transferable:

    • The promo code cannot be exchanged for cash or any other form of credit.
    • It is specific to the individual who received it and cannot be transferred to another person.

  9. Issuer's Rights:

    • The issuer reserves the right to amend these terms and conditions at any time.
    • The decision of the issuer regarding any dispute related to the promo code is final.

Christmas Store Credit Promotion Terms and Conditions

  1. Eligibility: 1.1 The Christmas Store credit promotion ("Promotion") is open to all customers who make a qualifying purchase during the promotional period of December 8, 2023 through December 20, 2023.
  2. Qualifying Purchase: 2.1 A qualifying purchase is defined as any purchase made on our website or in-store during the promotional period, meeting the specified minimum purchase amount.
    • $100-$499 = $25 Store Credit
    • $500-$999 = $50 Store Credit
    • $1000+ = $100 Store Credit
  3. Store Credit Issuance: 3.1 Upon making a qualifying purchase, eligible customers will receive store credit equivalent to a fixed amount of the total purchase value, excluding taxes, shipping and any other fees. 3.2 The store credit will be issued electronically and applied to the customer's account for use on their next purchase.
  4. Promotion Period: 4.1 The promotion is valid only during the specified promotional period. 4.2 Purchases made outside the promotional period will not qualify for store credit.
  5. Redemption: 5.1 Store credit can only be redeemed on future purchases. 5.2 Store credit cannot be exchanged for cash or transferred to another individual.
  6. Exclusions: 6.1 Certain products or categories may be excluded from the promotion. Check the product details for eligibility.
  7. Combining Promotions: 8.1 Store credit cannot be combined with other promotions, discounts, or offers unless explicitly stated. Purchase of gift cards is excluded from this promotion. 
  8. Return Policy: 9.1 In the event of a return, the store credit applied to the original purchase will be deducted from the refund amount. 9.2 If a product purchased with store credit is returned, the store credit will be reinstated with its original expiry date.
  9. Modification or Termination: 10.1 The store reserves the right to modify or terminate the promotion at any time without prior notice. 10.2 Modifications will not affect the validity of store credit issued before the modification date.
  10. General Conditions: 11.1 The promotion is subject to all applicable laws and regulations. 11.2 The store's decision regarding store credit issuance and promotion eligibility is final.
  11. Contact Information: 12.1 For any questions or concerns regarding the store credit promotion, please contact our customer support team.

Flat Rate Shipping on Interior Bars

  • Applied to eligible products only, as specified in individual product listing.
  • Cannot be combined with any other offer or discount unless specified otherwise.
  • Cannot be combined with any other product or service unless specified otherwise.
  • Flat Rate Shipping is only applicable on orders shipped to the lower 48 States.
  • Limited to in stock items only.

For further inquiries or more detailed information, please reach out to us at 541-779-1339.

Black Friday $5,000 Store Credit Contest:

  • Eligibility Requirements. Eligible participants must reside in the United States and be 18 years or older. Residents of Rhode Island are excluded from the drawing due to Section 11-50-1 of Rhode Island General Laws. Customers who place orders of $1,000 or more before the inclusion of shipping and taxes will automatically be entered into a drawing for a chance to win a $5,000 store credit.
  • Prizes. One $5,000 store credit will be randomly awarded to an eligible participant.
  • Odds of Winning. Contest odds are based on the total number of participants who enter sweepstakes.
  • Announcement of Winner. The winner will be contacted within 1 business day after the random drawing on Friday, December 1st, at approximately 11:00 am Pacific Standard Time.
  • Contest Duration. The contest will run from 11/17/2023, 12:01am PST to 11/27/2023, 11:59pm PST.
  • No Purchase Necessary. For alternative means of entry, please send an email to "promotions@tomsoffroad.com" with your full name and phone number with the subject line "2023 Black Friday $5,000 Contest Entry". Limit one entry per person.
  • Void Where Prohibited. The Sweepstakes is void where prohibited. All federal, state, and local laws apply to the Sweepstakes. Decisions regarding all matters relating to the Sweepstakes that are not addressed in these Official Rules shall be made by Sponsor in its sole and absolute discretion, and each Participant agrees that all such decisions shall be binding and final. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes at Sponsors’ sole and absolute discretion. Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Questions regarding the Sweepstakes should be directed to: info@tomsoffroad.com

Free Shipping on orders $99+ (Sale ends 11/27/2023):

  • Free shipping cannot be combined with any additional discounts.
  • Free shipping is only applicable on orders shipped to the lower 48 states.
  • Oversized or overweight items, used or rebuilt parts, drop-shipped items, back ordered items, and products requiring truck freight shipment are not eligible for free shipping.
  • Interior bars, Impact bumpers, Havoc bumpers, Hoods, Headliners, Soft tops, Amp Research parts, Rock Slide Engineering Steps, Half Cabs, and Driver and Passenger fenders do not qualify for free shipping. Other exclusions may apply.
  • Any product's eligibility for free shipping can be verified by looking for the "Free Shipping Eligible" banner on our website or by contacting us at 541-779-1339.
  • Free shipping is limited to stock on hand.

 

TOMS OFFROAD, INC. TERMS OF USE

BY ACCESSING OR USING THE WEBSITE, MOBILE APPLICATIONS, OR ONLINE SERVICES OF TOMS OFFROAD, INC YOU AGREE TO BE BOUND BY THESE TERMS OF USE, SO PLEASE READ THESE TERMS CAREFULLY.

Agreement between User and TOMSOFFROAD.COM

Welcome to TOMSOFFROAD.COM. The TOMSOFFROAD.COM website (the “Site”) is comprised of various web pages operated by TOMS OFFROAD, INC., an Oregon corporation (“TOMS OFFROAD” or “we” or “our”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (these “Terms”). Your use of the Site constitutes your agreement to all of these Terms. If you do not agree to all of these Terms, you may not use or access the services of this website in any manner. TOMS OFFROAD reserves the right, without notice and in its sole discretion, to block,terminate or otherwise prevent future access to your right to use the Site or any portion thereof.

Children Under Thirteen

TOMS OFFROAD does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under the age of 18, you may use the Site only with the permission of a parent or guardian.

Jurisdiction and Choice of Law

To the maximum extent permitted by law, these terms and your use of the Site are governed by the laws of the state of Oregon, and shall be interpreted according to Oregon’s laws. You hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to your use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Term, including, without limitation, this section.

Privacy

Your use of the Site is subject to TOMS OFFROAD’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to TOMS OFFROAD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you create a user account for the Site, you agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update your account information, and (c) promptly notifyTOMS OFFROAD if you discover or otherwise suspect any security breaches related to your account or the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TOMS OFFROAD is not responsible for third party access to your account that results from theft or misappropriation of your account. TOMS OFFROAD reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Orders and Pricing

You represent and warrant that you have the legal right to use any credit card or other payment methods utilized in connection with any transaction made through the Site, and that any information supplied pursuant to a transaction made through the Site is accurate and correct. By submitting information in order to complete a transaction, you grant TOMS OFFROAD the right to provide such information to third parties for the purposes of facilitating the transaction.

TOMS OFFROAD can only guarantee clearance prices while supplies last. Clearance prices are provided on a first come, first serve basis. TOMS OFFROAD does not offer back orders or rain checks on clearance items. All sales for clearance items are final, and clearance items are sold “as is.” Clearance items cannot be returned or refunded.

Cancellation/Refund Policy

NON-DEFECTIVE RETURNS:

ALL non-defective returns must be sent FREIGHT PREPAID BY THE CUSTOMER and accompanied by a copy of the original invoice. TOMS OFFROAD will NOT accept COD’s. If you did not receive a copy of the original invoice, please call or email TOMS OFFROAD and we will gladly email or fax you a duplicate copy. New, resalable items may be returned for full store credit within 30 days of receipt or upon prior approval by TOMS OFFROAD. For returns credited back to credit cards, there will be a 10% restocking fee applied. Please test fit and inspect all items prior to modification/installation. Modified, painted/coated or installed parts are not eligible for return. Damaged or partial returned items will be given partial or no credit dependent upon the condition in which they are received.

DEFECTIVE RETURNS:

For defective returns, please call to arrange for the return of the item. We will gladly send you a return tag for items found to be defective. We will NOT accept collect shipping charges for ANY return items. Defective returned items may be replaced or refunded at full price upon confirmation of defect and at the discretion of TOMS OFFROAD.

NO returns after 30 days without prior approval by TOMS OFFROAD

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TOMS OFFROAD and TOMS OFFROAD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TOMS OFFROAD provides these links as a convenience, and the inclusion of any link does not imply endorsement of the site by TOMS OFFROAD or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that TOMS OFFROAD may share such information and data with any third party with whom TOMS OFFROAD has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

Restrictions on Site Use

When you access the Site, you are granted a non-exclusive, non-transferable, limited license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you represent and warrant to TOMS OFFROAD that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain, or access any materials or information through any means not intentionally made available or provided for through the Site. You are not permitted to hyperlink to the Site or otherwise display the TOMS OFFROAD brand, trademarks or logos on any website not affiliated with TOMS OFFROAD without TOMS OFFROAD’s express written permission. No part of the Site may be reproduced, republished, copied, transmitted or distributed in any form or by any means, without the express written permission of TOMS OFFROAD, which may be withheld by TOMS OFFROAD in its sole and arbitrary discretion.

TOMS OFFROAD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Intellectual Property

All rights, title and interest (including copyrights, trademarks and all other intellectual property rights) to all content included on the Site, material and content accessible from the Site, including but not limited to text, graphics, logos, images, button icons, software, audio clips, digital downloads, data compilations and any compilation thereof, is the property of TOMS OFFROAD or its suppliers and is protected by United States and international copyright laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, copy, reproduce, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or exploit in any way any of the content, in whole or in part, found on the Site. TOMS OFFROAD’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You may download and/or print portions of materials from the Site only under the following conditions: (a) the material is used only for personal and non-commercial purposes, and (b) the user is 13 years of age or older. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TOMS OFFROAD or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). By using the Communication Services, you agree to use these services only for their intended purposes, including posting, sending, and receiving messages and material that is related to the particular Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TOMS OFFROAD does not control or endorse the content, messages or information found in any Communication Service and, therefore, TOMS OFFROAD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TOMS OFFROAD spokespersons, and their views do not necessarily reflect those of TOMS OFFROAD.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not perform any of the following:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • upload files that contain software or other material protected by intellectual property laws, or by rights of privacy of publicity unless you own or control the rights thereto or have received all necessary consents;
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • restrict or inhibit any other user from using and enjoying the Communication Services;
  • violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

TOMS OFFROAD has no obligation to monitor the Communication Services. However, TOMS OFFROAD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TOMS OFFROAD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TOMS OFFROAD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TOMS OFFROAD’s sole discretion.

User Generated Content Agreement

You hereby grant TOMS OFFROAD and affiliated companies and sublicensees a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete and distribute, for business purposes, any information (except order information sent via email or phone) or materials shared, posted, inputted, uploaded or provided to the Site or otherwise with TOMS OFFROAD (“User Generated Content”), including, without limitation, any comments, reviews, photos, videos, test, music, sound, graphics, code, your name in connection with your User Generated Content, or other materials, including when you allow TOMS OFFROAD to feature text, images, and videos shared through social media or submitted to review and/or rate TOMS OFFROAD.

No compensation will be paid with respect to the use of your User Generated Content, as provided herein. TOMS OFFROAD is under no obligation to post or use any submission you may provide and may remove any User Generated Content at any time in TOMS OFFROAD’s sole discretion.

By posting, uploading, inputting, providing or submitting your User Generated Content you represent and warrant that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Generated Content.

International Users

The Service is controlled, operated and administered by TOMS OFFROAD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TOMS OFFROAD content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless TOMS OFFROAD and its officers, directors, employees, agents, independent contractors, service providers, consultants, partners, and third parties (together with TOMS OFFROAD, the “Indemnified Parties”), from and against any and all losses, claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use or misuse of the Site or services, (b) any user postings made by you, (c) your violation of these Terms or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. TOMS OFFROAD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TOMS OFFROAD in asserting any available defenses.

Arbitration

THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THIS SECTION CAREFULLY.

All disputes between you and TOMS OFFROAD arising out of or relating to the Site, these Terms, transactions effectuated through the Site, any advertising or promotion relating to TOMS OFFROAD or the Site shall be settled by arbitration before a single arbitrator, under the auspices of and pursuant to the rules of commercial arbitration of the Arbitration Service of Portland, Inc. (ASP). Arbitration will occur in Medford, Oregon. The parties will be entitled to conduct discovery in accordance with the Federal Rules of Civil Procedure, subject to limitation by the arbitrator to secure the just and efficient resolution of the dispute. If the amount in controversy exceeds $10,000, the arbitrator’s decision will include a statement specifying in reasonable detail the basis for and computation of the amount of the award, if any. The decision of the arbitrator will be final and binding. The party substantially prevailing in the arbitration will also be entitled to recover such amount for its costs and attorney fees incurred in connection with the arbitration as determined by the arbitrator. Judgment upon the arbitration award may be entered in any court having jurisdiction. Nothing herein, however, will prevent a party from resort to a court of competent jurisdiction in those instances where injunctive relief may be appropriate pending the outcome of the arbitration proceedings. For purposes of these Terms, “the party substantially prevailing in the arbitration” means the party that prevails either affirmatively or by means of a successful defense with respect to claims having the greatest value or importance as reasonably determined by the arbitrator, after taking into consideration any settlement offer(s) made by the parties.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TOMS OFFROAD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The Site is provided on an “AS IS” and “AS AVAILABLE” basis. TOMS OFFROAD does not guarantee that the Site functions without error, interruption, or virus.

TOMS OFFROAD reserves the right to modify or discontinue, temporarily, or permanently, the Site and any features or portions thereof, without prior notice.

TOMS OFFROAD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TOMS OFFROAD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOMS OFFROAD AND/OR ITS SUPPLIERS, BUSINESS ASSOCIATES, ADVERTISERS, OR ANY THIRD PARTIES REFERRED TO IN THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOMS OFFROAD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Severability

If any term, clause or provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then the term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms, clauses, or provisions. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified herein, these Terms (and any additional terms referred to herein) constitute the entire agreement between the user and TOMS OFFROAD with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TOMS OFFROAD with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

You agree that no joint venture, partnership, employment or agency relationship exists between you and TOMS OFFROAD as a result of these Terms or your use of the Site. TOMS OFFROAD’s performance of these Terms is subject to existing laws and legal process, and nothing contained herein is in derogation of TOMS OFFROAD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TOMS OFFROAD with respect to such use.

Changes to Terms

TOMS OFFROAD reserves the right, in its sole discretion, to change these Terms and any other terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. TOMS OFFROAD encourages you to periodically review these Terms to stay informed of our updates.

Contact Us

TOMS OFFROAD welcomes your questions or comments regarding the Terms:

TOMS OFFROAD, INC 2065 Lars Way Medford, Oregon 97501

Email Address:

info@tomsoffroad.com

Telephone number:

541-779-1339

Effective as of December 28, 2023

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