TERMS OF USE

Last revised April 4, 2016

 

These terms and conditions of use (“Terms of Use”) govern your use of the Tilting Motor Works, Inc. (“TMW”) website (the “Site”). Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. Compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, please promptly exit this Site.

These Terms of Use provide that all disputes between you and TMW will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with TMW.

Ownership of Site and Content

All pages within this Site and any material made available for download, unless otherwise noted, are the property of TMW or any of its affiliates. Copyright © 2016 TMW. All Rights Reserved. The Site is protected by United States and international copyright and trademark laws. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by TMW in writing, including for the provision of services or products to TMW or any of its affiliates, or in connection with a business relationship with TMW or any of its affiliates. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of TMW or one of its affiliates without our express written consent. You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of TMW or any of its affiliates or any third party, except as expressly provided herein.

Site Security

You are prohibited from volating or attempting to violate the security of the Site, 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, 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. TMW 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 or any activity being conducted on this Site.

Access to this Site 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 constitutes consent to such monitoring. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. TMW cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Access to Site; Indemnification

Certain limited access portions of the Site may 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 TMW. 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 may be revoked by TMW at any time with or without cause. You agree to defend, indemnify and hold harmless TMW and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Site, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of TMW or any other person or entity.

Links to Other Sites

THIS WEB SITE MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEB SITES NOT CONTROLLED BY TMW. TMW DOES NOT HAVE RESPONSIBILITY FOR THE CONTENT, AVAILABILITY, OPERATION OR PERFORMANCE OF WEB SITES OF SITES TO WHICH THIS WEB SITE MAY BE LINKED OR FROM WHICH THIS WEB SITE MAY BE ACCESSED. WHEN YOU ACCESS A NON-TMW SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM TMW, AND THAT TMW HAS NO CONTROL OVER THE CONTENT ON THAT WEBSITE. IN ADDITION, A LINK TO A NON-TMW WEBSITE DOES NOT MEAN THAT TMW ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF THE LINKED SITE. 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 LINKED TO THIS SITE, YOU DO THIS ENTIRELY AT YOUR OWN RISK.

Third Party Copyrights and Trademarks

The Site 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 TMW.

Submissions, Reviews, Feedback and other Postings to the Site

If you submit, upload, post or transmit any information or files to our Site (“Submissions”), you agree not to (1) submit, upload, post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) submit, upload, post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (3) submit, upload, post or transmit a virus or any other harmful component, or (4) contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. 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 TMW product, service or the Content of this Site (“Feedback”), such information shall be deemed to be non-confidential, and TMW and its affiliates shall have no obligation of any kind with respect to such information. By submitting, uploading, posting or transmitting Submissions or Feedback you are granting TMW and its affiliates the irrevocable, perpetual, fully paid up, royalty-free license and right to use, reproduce, disclose and distribute Submissions and Feedback for any purpose whatsoever, including without limitation developing, marketing and manufacturing products, services and Content incorporating such Submissions and Feedback. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You agree to defend, indemnify and hold harmless TMW and its affiliates, and their respective officers, directors, employees, consultants and agents, 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.

TMW does not regularly review posted Submissions or Feedback, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions or Feedback submitted to the Site. You grant TMW and its affiliates the right to use the name that you submit in connection with any Submissions or Feedback. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions or Feedback you submit. TMW and its affiliates take no responsibility and assume no liability for any Submissions or Feedback submitted by you or any third party.

Accuracy and Integrity of Information; Colors

Although TMW attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform TMW so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, TMW and its affiliates shall have no responsibility or liability for information or Content posted to the Site from any non-TMW affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Site. 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 may be accessed by users internationally and may contain references or cross references to TMW products, programs and services that are not available or are prohibited in your country. Such references do not imply that TMW intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. TMW 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 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 TMW DEALER FOR DETAILS ON THE APPLICATION OF ANY PARTS, ACCESSORIES OR MODELS LISTED OR DISPLAYED IN THIS WEB SITE. IN THE ABSENCE OF A LOCAL AUTHORIZED TMW DEALER, IT IS YOUR RESPONSIBILITY TO DETERMINE THE LEGALITY AND LEGAL REQUIREMENTS THAT APPLY TO ANY TMW PRODUCT IN YOUR AREA. You agree to hold harmless TMW and its affiliates, and their respective officers, directors, employees, consultants and agents, from and against any and all claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys fees) arising out of or relating to any IMPORTATION AND/OR USE OF TMW PRODUCTS OBTAINED OTHER THAN THROUGH TMW AUTHORIZED DEALERS.

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 products or services listed at the incorrect price, 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.

Order Acceptance

Please note that certain orders constitute improper use of TMW 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 and the order information is verified for accuracy and completeness. 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.

Online Payments

If a credit card account is offered for a transaction, TMW 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 (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.

Quantity Limits and Dealer Sales

TMW reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders may constitute improper use of TMW 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. TMW also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from TMW for the purpose of engaging in a commercial sale of that same product(s) with a third party.

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 TMW websites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). See the TMW, Inc. Policy for User Submitted Content.

Disclaimer of Warranties

TMW 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 AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.

TMW DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-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. TMW SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. TMW DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. TMW 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 BACKUP AND SECURITY. YOU AGREE THAT TMW SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.

Limitation of Liability Regarding Use of Site

TMW AND ANY THIRD PARTIES MENTIONED ON THIS SITE 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, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED SITE, 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, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Revisions; General

TMW reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement between TMW and you pertaining to the subject matter hereof. In its sole discretion, TMW may from time to time revise these Terms of Use and its Privacy Policy by updating either document. You should, therefore, periodically visit this page to review the current Terms of Use and Privacy Policy so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use and the Privacy Policy may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Dispute Resolution; Arbitration Agreement

We will work in good faith to resolve any issue you have with the Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service personnel. 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 TMW agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including products and services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TMW are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and TMW.

If you desire to assert a claim against TMW, and you therefore elect to seek arbitration, you must first send to TMW, by certified mail, a written Notice of your claim ("Notice"). The Notice to TMW should be addressed to: General Counsel, TMW, Inc., 1824 Bickford Ave, Suite C, Snohomish, WA 98290 (the "Notice Address"). If TMW desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by TMW, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If TMW and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TMW may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by TMW or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless TMW and you agree otherwise, any arbitration hearings will take place in King County, Washington.. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND TMW 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 TMW 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.

If this specific provision regarding class actions is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Seattle, Washington.

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Tilting Motor Works, Inc.
1824 Bickford Ave., Suite C
Snohomish, WA 98290
(360) 302-3008
 
About Tilting Motor Works
 
For further information please contact us at info@tiltingmotorworks.com.
 
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