Terms & Conditions
Rugged Rocks, LLC and its associates provide their services to you subject to the policies terms and conditions set forth below. Visiting Rugged Rocks, LLC website indicates you accept these conditions. Please read them carefully. Rugged Rocks, LLC reserves the right to make changes to this website and these terms and conditions at any time, without prior notice. Terms & Conditions Any alteration or improper use will void this warranty. Because all parts which we sell are intended for use in heavy duty applications, it is not possible to warranty or guarantee the performance of any items. Further, we disclaim any liability for action resulting from failure or parts durability. We disclaim any express or implied warranties. Our products may be subject to an infinite variety of conditions due to the manner in which they are used, serviced and/or installed. Purchasers and users of such products rely upon their own judgement as to the suitable use, selection, service, and installation of such products. Any product that we feel has been manufactured incorrectly or is of a defective nature will be repaired or replaced at our sole discretion. All parts not manufactured by Rugged Rocks, LLC are subject to the manufacturers own warranty policy. We are not responsible for any installation charges incurred when installing our products. We cannot be responsible for other manufacturers products.Privacy Please review our Privacy Policy, which also governs your visit to our website, to understand our practices. Copyright This site is owned and/or operated by Rugged Rocks, LLC. Unless otherwise specified all materials appearing on this site, the text, site design, graphics, logo, icons and images, as well as the selection, assembly and arrangement thereof, are the property of Rugged Rocks, LLC. Reviews, Comments, Emails, and Other Content Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Rugged Rocks, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Rugged Rocks, LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Rugged Rocks, LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rugged Rocks, LLC or its associates for all claims resulting from content you supply. Rugged Rocks, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Rugged Rocks, LLC takes no responsibility and assumes no liability for any content posted by you or any third party. Site Policies, Modification, and Severability We do our best to provide accurate information and pricing on all the products found in our online catalog. If we discover a pricing error, we will do one of the following: * If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Rugged Rocks, LLC. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Affiliate Program - Applicants Only "Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliate Responsibilities: It is understood that you will introduce Rugged Rocks, LLC products and services to your current and prospective customers and will comply with all laws as well those that govern email marketing and anti-spam laws. Rugged Rocks, LLC reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule. Service: The Affiliate is allowed to place links on their website to websites which have an Affiliate Program registered at ruggedrocksoffroad.com or ruggedroutes.com Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on Rugged Rocks, LLC website. The Affiliate must keep himself informed of any amendments of Affiliate Programs, in particular if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates. The Affiliate must comply with the requirements of the Affiliate Programme including in particular any stipulations as to the nature and content of the Affiliate's web site and the use of third party or other Affiliates trademarks and logos. Terms of the Agreement: The term of this Agreement will begin upon our acceptance of Your Affiliate Program application. You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement. We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Rugged Rocks, LLC in its sole discretion. Any Affiliate who violates either this Agreement or Rugged Rocks, LLC's Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Rugged Rocks, LLC Affiliate Program. Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law. Indemnification: You hereby agree to indemnify and hold harmless Us and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on: Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party. Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein. Any claim related to your site, including, without limitation, its development, operation, maintenance and content therein not attributable to us. Enrollment in the affiliate program : To begin the enrollment process, you will submit a complete Program application via our Website. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application for any reason our sole discretion. We generally reject applications related to websites that: Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities or are intended to harass or defame anyone; Or variations or misspellings thereof in their domain names; or Otherwise violate our intellectual property rights or the intellectual property rights of others. If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice. Modification: We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you may be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Rugged Rocks, LLC Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Rugged Rocks, LLC Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. Affiliate Payment: You will receive a Commission for sending Rugged Rocks, LLC authorized sales. In order to place Links, You must first be approved by Rugged Rocks, LLC to become an Affiliate of Rugged Rocks, LLC’s program. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link you have placed on your site has changed or been discontinued. Payments are made at the beginning of each month when your account balance reaches $50 or more for the previous months' transactions. Confidentiality: All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party. Severability: If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement. Applicable Law: The laws of the States and Country will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Corona, CA USA and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. Termination of Agreement: Either you or Rugged Rocks, LLC may terminate the Affiliate relationship at any time. You are only eligible to earn Affiliate payments during your time as an approved Affiliate. Rugged Rocks, LLC may change the program or service policies and operating procedures at any time. |