TERMS OF USE/SERVICE & CONDITIONS Updated 4/2022
Welcome to EasyOffRoading.com ”Business List Website” (the “Site”). The Directory Website you a presently on is owned and operated by 97 TJ Sahara LLC. d/b/a Easy Off Roading (“EOR”) Throughout the Site, the terms “we”, “us” and “our” refer to EOR. EOR offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of the following Terms of Use/Service & Conditions (“Terms”) and all applicable laws. Please read these Terms carefully before accessing or using our Site. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and acknowledge that these Terms supersede any other agreements between you and EOR. If you do not agree to all the Terms, then you may not access the Site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this Site. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our Site is hosted on Janhost Inc. powered by Word Press which provides us with the online platform to offer information and content to you. The Site is intended for individuals who are at least 18 years of age. If under the age of 18, use of the Site is allowed only with express permission of a parent or legal guardian. We reserve the right to refuse access to the Site to anyone for any reason at any time. Questions about these Terms should be sent to us at Info@EasyOffRoading.com.
Product Liability, Disclaimer of Warranties, and Other Limitation of Liability
EOR publishes third-party vendor discounts. EOR does not sell any goods or other products. As such, in no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for: (1) any direct, indirect, punitive, incidental, special, or consequential damages to property, person, or life whatsoever arising out of or connected with the use or misuse of any product offered/advertised by a third-party vendor; and/or (2) for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use a third-party vendor’s product, or for any other claim related in any way to your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or coupon/discount) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all content offered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
EOR screens discounts/coupons published on the Site by third-party vendors, but does not verify accuracy of same. User should verify the accuracy of any published discount/coupon exercise due diligence and discretion to protect against fraud.
Privacy Notice
This Privacy Notice describes how your personal information is collected, used, and shared when you visit or make a purchase on the Site.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products/services that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.” You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a payment through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and other payment methods, email address, and phone number. We refer to this information as “Order Information.”
“Personal Information” as used in this Privacy Notice, encompasses both Device Information and Order Information.
HOW WE USE YOUR PERSONAL INFORMATION
We use the Order Information that we collect generally to process your registration on the Site (including processing your payment information, providing you with invoices and/or order confirmations, and assisting you with issues, questions or refunds). Additionally, we use this Order Information to:
- Communicate with you;
- Screen orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to products or services that third-party vendors post on our Site.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how you browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
EOR does not sell Personal Information. We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Word Press to power our Site–you can read more about Word Press privacy and how they use your Personal Information by going to https://wordpress.com/.
EOR uses ARMember software as the primary membership software. You can read more about how ARMember uses your Personal Information here: https://www.armemberplugin.com/privacy-policy/.
We use Google Analytics and JetPack to help us understand how you use the Site.
You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
You can read more about how JetPack uses your Personal Information here: https://jetpack.com/.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
You will also be able to opt out of promotional emails by following the opt out instruction in the email.
If you wish to avoid receiving emails specific to the Site, you should not register on the Site. If you determine that you no longer wish to receive electronic communications, please visit https://easyoffroading.com/opt-out/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
MINORS
The Site is not intended for individuals under the age of 18. If under the age of 18, use of the Site is allowed only with express permission of a parent or legal guardian.
CHANGES
We may update these Terms from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CALIFORNIA RESIDENTS
See our California Consumer Privacy Act Notice which is incorporated by reference into these Terms.
International Users
The Service is controlled, operated and administered by EOR from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any manner prohibited by any applicable laws, restrictions or regulations.
Your Account
If you use this 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EOR is not responsible for third party access to your account that results from theft or misappropriation of your account. EOR and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Electronic Communications
Visiting the Site or sending emails to EOR constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Accessibility
We are committed to making our site accessible to all persons, including those with disabilities, and have designed this Site with accessibility in mind. If you notice any content, feature or functionality of the Site that you believe is not accessible to people with disabilities, please email us at Info@EasyOffRoading.com with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We can’t promise that we’ll make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
Prohibited Uses
You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory (based upon any protected classification) or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact; or (v) collect or track the personal information of others. You agree that you are strictly prohibited from spamming, phishing, pharming, spidering, crawling, framing, mirroring, scraping, or data-mining of the Site or any of its content in any form and by any means, or interfering with or circumventing the security features of the Site. You may not use any collaborative browsing or display technologies in connection with your use of the Site or to post comments, communications, or any other data of any kind to or on the Site with the intention that such postings may be viewed by other users of the Site. You agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site. You further agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. You alone are responsible for the content and consequences of any of your activities.
The Site is not intended for individuals under the age of 18. If under the age of 18, use of the Site is allowed only with express permission of a parent or legal guardian. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Site, Content, Services, and Prices
Prices for access to certain Site content are subject to change without notice. We reserve the right at any time to modify or discontinue a service or the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a service or the Site.
Accuracy of Billing and Account Information
We reserve the right to refuse any order (or registration) you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new products, services and/or features through the Site (including, the release of new tools and resources). Such new products, services and/or features shall also be subject to these Terms.
Third-Party Links
The content and services available on the Site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and/or services should be directed to the third-party.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.
Governing Law and Dispute Resolution (Arbitration)
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OTHERWISE PROVIDE, PARTIES WAIVE THEIR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION.
By using the Site, you agree that the Federal Arbitration Act ( 9 U.S.C. § 1 et seq. (“FAA”)), applicable federal law, and the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. Binding arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA rules are available online at www.adr.org or by calling 1-800-778-7879.
You agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the Site; and/or (2) the breach, enforcement, interpretation, application, or validity of these Terms, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration rather than in court, except where you (or us) are asserting claims to enjoin infringement or other misuse of intellectual property rights.
There is no judge or jury in arbitration (which both parties agree to waive), and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
If any court or arbitrator determines that any term in this section is unenforceable for any reason as to any claim, then the arbitration provisions of these Terms will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the arbitration provisions of these Terms. Unless both parties agree otherwise, in the event that it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the Middle District of Tennessee, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Middle District of Tennessee for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Tennessee located in Rutherford County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, both parties waive the right to a jury trial, unless such waiver is unenforceable.
The above choice-of-law and forum-selection provisions in this section do not apply to arbitration or to any arbitrable disputes as provided by this section. Instead, the FAA shall apply to any such disputes.
If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to us at 97 TJ Sahara LLC., 2905 Madison Ave, Murfreesboro, Tennessee 37130. If we intend to seek arbitration, we will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to us at 97 TJ Sahara LLC., 2905 Madison Ave, Murfreesboro, Tennessee 37130, and we will send such copy to the current billing address on your account or to your attorney, if you have retained one. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The filing party is responsible for the initial payment of all filing fees. The prevailing party is entitled to reimbursement of filing fees (if paid by that party), to seek attorneys’ fees, and costs/expenses in arbitration, to the extent provided under applicable law.
You may choose to have the arbitration conducted based on written submissions, via teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on an in-person location, such determination shall be made by the arbitrator.
The arbitrator’s written decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
Indemnification
You agree to indemnify, defend and hold us, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your: (1) misuse of the Sites or any breach by you of these Terms; and/or (2) breach of any terms or documents incorporated by reference of third-parties or your violation of any law or the rights of a third-party.
We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate this agreement at any time by ceasing to use the Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
Entire Agreement
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Notwithstanding the foregoing, certain users (such as Vendors), may also be subject to separate agreements or terms which incorporate these Terms by reference.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Miscellaneous
These Terms, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the arbitration section, if any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.