Asphalt & Iron
OWNERSHIP OF THE SITE/APP AND CONTENT
The Asphalt & Iron name, the A&I logo, and all related logo names, logos, product and service names, designs, and slogans are trademarks of Asphalt & Iron, LLC. or its approved affiliates or licensors.
SITE AND APP SECURITY
You are prohibited from violating or attempting to violate the security of the Site/app, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site/app, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Asphalt & Iron will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site/app or any activity being conducted on this Site/app. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site/app other than the search engine and search agents available from Asphalt & Iron on this Site/app and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).
Access to this Site/app is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Site/app constitutes consent to such monitoring. This Site/app may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Asphalt & Iron cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
ACCESS TO SITE/APP
Certain limited access portions of the Site/app require a user ID and password (“Protected Areas”). You agree to access Protected Areas using only your user ID and password as provided to you by Asphalt & Iron. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site/app may be revoked by Asphalt & Iron at any time with or without cause. You are fully responsible for all activities that occur under your user ID. You agree to notify A&I immediately of any unauthorized use of your username, screen name, and/or password(s). Each user is allowed to create one user profile. Automated account creation, participation, and content scraping is strictly prohibited.
LINKS TO OTHER SITES AND APPS
This web Site/app may contain links to, or be accessed through links on, other web sites and apps, including sites/apps of Asphalt & Iron affiliates/sponsors/preferred stops. All links on the Site/app are provided for your convenience only. We have no control over the contents of those sites/apps or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of these third-party sites and apps.
Asphalt & Iron affiliates/sponsors/preferred stops are independent contractors and are not agents of Asphalt & Iron. Asphalt & Iron does not have responsibility for the content, availability, operation or performance of web sites of Asphalt & Iron affiliates/sponsors/preferred stops or any other sites and apps, to which this web site/app may be linked or from which this web site/app may be accessed. When you access a non-Asphalt & Iron site/app, please understand that it is independent from Asphalt & Iron, and that Asphalt & Iron has no control over the content on that website. In addition, a link to a non-Asphalt & Iron website/app does not mean that Asphalt & Iron endorses or accepts any responsibility for the content, or the use, of the linked site/app. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites/apps linked to this site, including any sites operated by Asphalt & Iron dealers, you do this entirely at your own risk and subject to the terms and conditions of use for such websites/apps.
THIRD PARTY COPYRIGHTS AND TRADEMARKS
The Site/app may include references to third-party trademarks, and copies of third-party copyrighted materials, which are the property of their respective owners. Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Asphalt & Iron.
SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE/APP
If you submit, upload, post or transmit any feedback or data, such as ideas, concepts, know-how, techniques, processes, comments, suggestions or questions regarding any Asphalt & Iron product, service or the Content of this Site/app (“Feedback”), such information shall be deemed to be non-confidential, and Asphalt & Iron and its affiliates shall have no obligation of any kind with respect to such information.
Submissions and Feedback must in their entirety comply with all applicable federal, state, local, and international regulations. Without limiting the foregoing, your Submissions and Feedback must not (collectively with applicable laws, all of the below restrictions on the use of the Site/app and the Submissions you provide, the “Submission Standards”):
- contain anything that is defamatory, abusive, libelous, violent, hateful, inflammatory, indecent, vulgar, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or otherwise objectionable, or that could encourage criminal or unethical behavior;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, class, religion, ethnicity, nationality, disability, sexual orientation, age, or other classification;
- promote dangerous riding or dangerous use or misuse of A&I resources;
- infringe any patent, trademark, trade secret, copyright, or intellectual property or other rights of any person or entity (including any confidential, non-public information about A&I and A&I resources);
- contain a virus or any other harmful component;
- be likely to deceive any person;
- intended to cause annoyance, inconvenience, or needless anxiety, or that is likely to upset, embarrass, alarm, or annoy any other person;
- promote any illegal activity, or advocate, promote, or assist in any unlawful act;
- impersonate any person, or misrepresent your identity or affiliation with any person or organization (including Asphalt & Iron);
- involve commercial activities or sales, such as contests, sweepstakes, and other sales or promotions, barter, or advertising, unless to otherwise specifically permitted by A&I in writing or you may sell your own, personal appropriate items on areas of the Site/app specifically designed for such; or
- give the impression that they emanate from or are endorsed by use or any other person or entity, if that is not the case.
By using our Site/app or by submitting Feedback Submissions, you agree not to:
- contact other Site/app users through unsolicited e-mail, telephone calls, mailings or any other method of communication;
- engage in personal attacks or any other type of “flaming” of other users;
- post topics or opinions that are designed to provoke a negative response from one or more specific users (i.e., “trolling”);
- include any link or mention of a third-party website/app that violates any of these Submission Standards; or
- use any abbreviations, self-censoring, symbols, or take other efforts to circumvent any censoring features of A&I’s monitoring program.
You agree to defend, indemnify and hold harmless Asphalt & Iron and its affiliates, and their respective officers, directors, employees, consultants and agents harmless from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to any Submissions you post or allow to be posted to the Site/app.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site/app. YOU WAIVE AND HOLD HARMLESS ASPHALT & IRON AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Asphalt & Iron and its affiliates reserve the right (but not the obligation) to monitor and edit or remove any Submissions or Feedback submitted to the Site/app. However, we do not regularly review Submissions or Feedback before it is posted on the Site/app, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website/app infringes your copyright, you may request removal of those materials (or access to them) from the Website/app by submitting written notification to Asphalt & Iron LLC. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website/app, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- Include both of the following statements in the body of the DMCA Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Websites/app is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate access users who are repeat infringers, including any accounts/registrations they may require to access the Site/app.
ACCURACY AND INTEGRITY OF INFORMATION; COLORS
Although Asphalt & Iron attempts to ensure the integrity and accurateness of the Site/app, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site/app and Content thereon. It is possible that the Site/app could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site/app by third parties. In the event that an inaccuracy arises, please inform Asphalt & Iron so that it can be corrected. Information contained on the Site/app may be changed or updated without notice. Additionally, Asphalt & Iron and its affiliates shall have no responsibility or liability for information or Content posted to the Site/app from any non-Asphalt & Iron affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Site/app. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. This Site/app may be accessed by users internationally and may contain references or cross references to Asphalt & Iron products, programs and services that are not available or are prohibited in your country. Such references do not imply that Asphalt & Iron intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. Asphalt & Iron reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations. The vehicles, parts and accessories and other items pictured on this site/app and those built to the specifications listed herein are for sale in the U.S. only.
Vehicle and accessory specifications may vary from country to country depending on local laws, and some models and accessories are not available in certain countries. Please note that many countries prohibit the importation, registration and/or use of vehicles and accessories not built to their country’s specifications. You must check with your local authorized Asphalt & Iron dealer for details on the application of any parts, accessories or models listed or displayed in this web site/app.
TYPOGRAPHICAL ERRORS AND INCORRECT PRICING
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
Please note that certain orders constitute improper use of Asphalt & Iron and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a Asphalt & Iron™ Gift Card which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
You can purchase products and/or services on the Site/app. We accept the following credit cards issued by U.S. banks: MasterCard®, Visa®, Discover®, and the Asphalt & Iron® Visa® Card, issued by U.S. Bank National Association ND. If a credit card account is being used for a transaction, Asphalt & Iron may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
If your order includes taxable items, the shipping charge (if any) will only apply to the taxable items and may be subject to tax depending upon the state laws of the ship to location.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Asphalt & Iron website/app infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). See the Asphalt & Iron, LLC. Policy for User Submitted Content.
DISCLAIMER OF WARRANTIES
Asphalt & Iron disclaims all warranties, express or implied, including without limitation the warranties or merchantability, fitness for a particular purpose, and noninfringement with respect to this site/app and information, graphics and materials contained herein.
Asphalt & Iron does not warrant that access to or use of the site/app will be uninterrupted or error-free or that defects in the site/app will be corrected. This site/app, including any content or information contained within it or any site/app-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Asphalt & Iron specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the site/app. Asphalt & Iron does not warrant the accuracy, completeness or timeliness of the information obtained through the site/app.
You assume total responsibility and risk for your use of this site/app, site/app-related services, and linked sites/apps. Asphalt & Iron does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that Asphalt & Iron shall not be liable for any cost or damage arising directly of indirectly from any such code. You assume total responsibility and risk for your use of the site/app and of the internet.
LIMITATION OF LIABILITY REGARDING USE OF SITE/APP
Asphalt & Iron and any third parties mentioned on this site/app are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site/app, site/app-related services, content or information contained within the site/app, and/or any linked site/app, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site/app, site/app-related services, and/or linked sites/apps is to stop using the site and/or those services.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will work in good faith to resolve any issue you have with the Site/app, including products and services ordered or purchased through the Site/app, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
YOU AND ASPHALT & IRON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Asphalt & Iron agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.