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Sales Tax
Sales tax is applied to orders shipped within the State of California.
Site Governed by Terms and Conditions
Welcome to the komodoatvacc.com site (“Site”). Komodo ATV/ACC provides
this Site as a service to its customers. Komodo ATV requests that you carefully
read these Terms and Conditions and Privacy and Security Policy before using
the Site. By using the Site, you agree to follow and be bound by these Terms
and Conditions and our Privacy and Security Policy without modification. If you
do not agree to these Terms and Conditions, please refrain from using this
Site.
Changes to Terms and Conditions
Komodo ATV/ACC may revise these Terms and Conditions at any time, at its sole
discretion, by posting an updated version on the Site. Any changes that we make
will be effective immediately upon posting. Please check this page periodically
for changes. You will be able to determine if there have been changes since
your previous visit by viewing the Last Updated information that appears at the
bottom of these Terms and Conditions. Certain provisions of these Terms and
Conditions may be superseded by expressly designated legal notices or terms
located on particular pages at this Site.
Use of Site
The Site design and all text, graphics, information, content, and other
material displayed on or that can be
downloaded from this Site are either the property of, or used with permission
by, Komodo ATV/ACC and are protected by copyright, trademark and other laws and
may not be used except as permitted in these Terms and Conditions or with the
prior written permission of the owner of such material. You may not modify the
information or materials located on this Site in any way or reproduce or
publicly display, perform, or
distribute or otherwise use any such materials for any public or commercial
purpose. Any unauthorized use of any such information or materials may violate
copyright laws, trademark laws, laws of privacy and publicity, and other laws
and regulations.
Trademarks
Trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered
trademarks, trade names and service marks of Komodo ATV/ACC and its affiliates.
Nothing contained on this Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademarks, trade names, service marks or logos displayed
on this Site without the written permission of Komodo ATV/ACC.
Linking to this Web Site
Creating or maintaining any link from another Web site to any page on this Site
without Komodo ATV/ACC's prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar
means on another Web site without Komodo ATV/ACC's prior written permission is
prohibited. Any permitted links to this Site must comply will all applicable
laws, rule and regulations.
Third Party Links
From time to time, this Site may contain links to Web sites that are not owned,
operated or controlled by Komodo ATV/ACC, or its affiliates. All such links are
provided solely as a convenience to you. If you use these links, you will leave
this Site. Neither Komodo ATV/ACC nor any of its affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. NeitherKomodo
ATV/ACC nor any of its affiliates endorse, guarantee, or make any
representations or warranties regarding any other Web site, or any content,
materials or other information located or accessible from such Web sites, or
the results that you may obtain from using such Web sites. If you decide to
access any other Web site linked to or from this Site, you do so entirely at
your own risk.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise violate any law. In addition
to any remedies that Komodo ATV/ACC may have at law or in equity, if Komodo
ATV/ACC reasonably determines that you have violated or are likely to violate
the foregoing prohibitions, Komodo ATV/ACC may take any action they reasonably
deem necessary to cure or prevent the violation, including without limitation,
the immediate removal from this Site of the related materials. Komodo ATV/ACC
will fully cooperate with any law enforcement authorities or court order or
subpoena requesting or directing Komodo ATV/ACC to disclose the identity of
anyone posting such materials.
User Information
Other than personally identifiable information, which is subject to this Site's
Privacy and Security Policy, any material, information, suggestions, ideas,
concepts, know-how, techniques, questions, comments or other communication you
transmit or post to this Site in any manner ("User Communications")
is and will be considered non-confidential and non-proprietary. Komodo ATV/ACC,
each of its affiliates and/or their designees may use any or all User
Communications for any purpose whatsoever, including, without limitation,
reproduction, transmission, disclosure, publication, broadcast, development,
manufacturing and/or marketing in any manner whatsoever for any or all
commercial or non-commercial purposes. Komodo ATV/ACCmay, but is not obligated
to, monitor or review any User Communications. Komodo ATV/ACC shall have no
obligations to use, return, review, or respond
to any User Communications. Komodo ATV/ACC will have no liability related to
the content of any such User Communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise. Komodo ATV/ACC
retains the right to remove any or all User Communications that includes any
material Komodo ATV/ACC deems inappropriate or unacceptable. If you use
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.
Content Accuracy
Komodo ATV/ACC tries to ensure that the information provided on the Site or in
any Komodo ATV/ACC catalog or advertisement is accurate and up-to-date but due
to the risk that the information may be compromised by software or procedural
errors, Komodo ATV/ACC does not guarantee the accuracy or completeness of the
information provided on this Site or in any Komodo ATV/ACC catalog or
advertisement. Komodo ATV/ACC reserves the right to correct any errors,
inaccuracies or omissions and to change or update information at any time
without prior notice (including after you have submitted your order). Please
note that such errors, inaccuracies or omissions may relate to product
description, pricing and availability. Photos may vary. Pricing and shipping
and handling rates are subject to change without notice. We apologize for any
inconvenience this may cause you.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN
CONNECTION WITH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HARBOR FREIGHT,
NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS WARRANTS THE ACCURACY
OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS SITE. THE
MATERIALS AND SERVICES ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER
KOMODO ATV/ACC, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE
ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO
ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KOMODO
ATV/ACC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES
LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, KOMODO ATV/ACC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR
PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH
ANY CODES, OR MISAPPROPRIATION. KOMODO ATV/ACC MAKES NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE
COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
KOMODO ATV/ACC and its service providers assume no responsibility,
and shall not be liable for, any damages to, or viruses that may infect, your
computer, telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing this Site or your downloading of any
materials, from this Site. IN NO EVENT WILL KOMODO ATV/ACC, ITS RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS,
ASSIGNS, NOR ITS SERVICE PROVIDERS OR ANY OTHER PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THIS SITE BE LIABLE TO ANY PARTY FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION
OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE
THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR
SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S
WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN
ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and KOMODO
ATV/ACC to the extent necessary to resolve any inconsistency or ambiguity
between them. These Terms and Conditions will be governed by and construed in
accordance with the laws of the State of California, USA, without giving effect
to any principles of conflicts of laws. You hereby consent to the exclusive
jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles,
California, USA in all disputes (a)
arising out of, relating to, or concerning this Site and/or these Terms and
Conditions, (b) in which this Site and/or these Terms and Conditions are an
issue or a material fact, or (c) in which this Site and/or these Terms and
Conditions are referenced in a paper filed in a court, tribunal, agency or
other dispute resolution
organization. Use of this Site is unauthorized in any jurisdiction that does
not give full effect to all provisions of these Terms and Conditions, including
without limitation this paragraph and the warranty disclaimers and liability
exclusions above. KOMODO ATV/ACC has endeavored to comply with all legal
requirements known to it in creating and maintaining this Site, but makes no
representation that materials on this Site are appropriate or available for use
in any particular jurisdiction. Use of this Site is unauthorized in any
jurisdiction where all or any portion of this Site may violate any legal
requirements and you agree not to access this Site in any such jurisdiction.
You are responsible for compliance
with applicable laws. Any use in contravention of this provision or any
provision of these Terms and Conditions is at your own risk and, if any part of
these Terms and Conditions are invalid or unenforceable under applicable law,
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 the Terms and Conditions shall govern such use.
With the prior agreement of KOMODO ATV/ACC, any claim, dispute
or controversy arising out of, relating to or concerning this Site and/or these
Terms and Conditions shall be decided by binding arbitration in accordance with
the Rules of the American Arbitration Association and any such arbitration
proceedings shall be brought and held in Los Angeles, California, USA. The
decisions of the arbitrators shall be binding and conclusive upon all parties
involved and judgment upon any award of the arbitrators may be entered by any
court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent
jurisdiction.
Termination
You or we may suspend or terminate
your account or your use of this Site at any time, for any reason or for no
reason. You are personally liable for any orders that you place or charges that
you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you
have any questions or comments, we invite you to call our Customer Service
Department at (626)723-0800 Monday through Friday 8:30 a.m. to 5:00 p.m. PST.
Entire Agreement
These Terms and Conditions, the Privacy and Security Policy, and terms of sale
constitute the entire agreement between you and KOMODO ATV/ACC with respect to this Site. This agreement supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between you and Komodo ATV/ACC with respect
to this Site. No modification of this agreement shall be effective unless it is
authored by Komodo ATV/ACC, or unless it is physically signed in blue ink by a
Komodo ATV/ACC executive officer. Any alleged waiver of any breach of this
agreement shall not be deemed to be a waiver of any future breach. A printed
version of this agreement and/or of any notice given by Komodo ATV/ACC in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement or your use of this Site to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained by Komodo ATV/ACC in printed form.
All other trademarks not owned by Komodo ATV/ACC or its affiliates that appear
on this Site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by Komodo ATV/ACC or its affiliates or
subsidiaries.
Return Policy
A return merchandise authorization number is required for all returns. You must
obtain a Return Merchandise Authorization ("RMA") number within our
Return or Warranty policy period (within 30 days from the date of purchase). We
will not accept returns without prior authorization and an RMA number.
Please contact customer service to obtain an RMA number, Email:
cs@komodoatvacc.com or call us at (626)723-0800
All product returns for refund or exchange must include the original packaging
such as warranty card, all Cables, manuals and any other accessory that was
initially shipped. We may refuse the request of return if product was not
return with the complete package.
A 20% Restocking Fee will be applied to all NON DEFECTIVE returns for refund.
Shipping and handling charges are non-refundable. No returns will be accepted
after 30 Days, unless otherwise stated.
All return items sending back to us are to be prepaid by Customer. No COD or
Freight collect returns will be accepted by us.
Modifying a product in a permanent way is considered as physically damaging the
product and will void the product's warranty.
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