Updated November 22, 2011
The following are terms of a legal agreement (“Agreement”) between you and RK Motors, LLC (“RK Motors”). By accessing, browsing and/or otherwise using this web site (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with RK Motors for products, services or otherwise, unless otherwise directed by RK Motors. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of RK Motors, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of RK Motors. You may not “mirror” any material contained on this Site on any other server without prior written permission from RK Motors. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names, and logos (collectively, the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of RK Motors or its affiliates. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of RK Motors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of RK Motors. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of RK Motors or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of RK Motors or the Trademark owner. The misuse of the Trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray RK Motors or any of its products or services in a false, misleading, derogatory, negative or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any RK Motors trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without RK Motors’ express written consent. Links to third party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. RK Motors has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. RK Motors does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that RK Motors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party sites.
Limited Access. Except as otherwise expressly permitted by RK Motors, any access or attempt to access other areas of the RK Motors computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without RK Motors’ prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on RK Motors’s infrastructure.
This Site, including all functions, materials, and information, is provided “as is” without warranties of any kind, either express or implied. RK Motors disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, system integration, and informational content. RK Motors does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date, and RK Motors makes no commitment to update the materials at this Site. RK Motors does not warrant that this Site, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.
LIMITATION OF LIABILITY
In no event will RK Motors, its owners, officers, directors, executives, employees,
agents, affiliates, suppliers, or other third parties, whether or not mentioned at or in this Site, be
liable for any damages, including, without limitation direct, indirect, special, incidental, or
consequential damages, damages resulting from lost profits, lost data or business interruption arising out
of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to
this Site, the materials, software or other information contained in any or all such sites, whether based on
warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other
legal theory and whether or not advised of the possibility of such damages. If your use of the materials or
information from this Site results in the need for servicing, repair or correction of equipment or data, you
assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold harmless RK Motors, its owners, officers, directors, executives, employees, agents, affiliates, suppliers, or other third parties from and against all claims, liabilities and expenses, including attorneys’ fees, arising out of or related to your use of the Site.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of RK Motors’s or other owner’s proprietary rights in them.
REVISIONS TO THIS AGREEMENT
RK Motors may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
Any material, information or idea you transmit to this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by RK Motors or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. RK Motors’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RK Motors in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by RK Motors. This Agreement may not be assigned in any manner by you without the express, prior written permission of RK Motors. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Mecklenburg, North Carolina (the “North Carolina Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the North Carolina Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the North Carolina courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
Third Party Information
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you.These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org/managing/opt_out.asp.