TourandRide.com Website Terms and Conditions of Use
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE AND OUR PRIVACY NOTICE (COLLECTIVELY, THE “WEBSITE POLICIES”) BEFORE PROCEEDING BEYOND THE HOME PAGE OF TOURANDRIDE.COM (THE “SITE”). OUR GRANT OF PERMISSION TO YOU TO VIEW AND USE THE SITE IS BASED UPON YOUR COMPLIANCE WITH THESE WEBSITE POLICIES. IF THESE WEBSITE POLICIES ARE NOT ACCEPTABLE TO YOU FOR ANY REASON, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE YOUR USE OF THE SITE. THANK YOU.
Your Use of the Site
License to Use the Site - Subject to the terms, conditions and restrictions set forth herein, Tour & Ride, Inc. (“Tour and Ride”), a North Carolina corporation, grants you permission to view and use the Site and all information, materials and content made available to you on the Site and to print individual pages from the Site.
Restrictions on Use - The Site and its content is for your personal and non-commercial use only. This is a license only and not a transfer of title. You may not copy, reproduce, post, modify, create derivative works based on, transmit, distribute, transfer, display, perform, publish, license, sublicense, rent or sell any information, data, software, products or services obtained from the Site. You shall not: (a) remove any copyright or other proprietary notice from the content of the Site, (b) transfer the content of the Site to another person, or (c) allow any one else to copy or modify any portion of the content of the Site.
Prohibited Use –
- You represent and warrant that you will not use the Site, or any content of the Site for any purpose that is unlawful or prohibited by these Website Terms and Conditions of Use. You may not use the Site in any manner which could damage, disable, overburden or impair the Site, or interfere with any other person’s or entity’s access, use or enjoyment of the Site. You may not obtain or attempt to obtain any software, materials, information or data through any means not intentionally made available or provided through the Site.
- The Site is for general audiences and is not directed to those under 13 years of age. If you are under age 13, please do not provide information to us through the Site.
Sales on the Site –
- Tour & Ride offers the sale of Motorcycle and Scooter parts and accessories.
- Products, Content and Specifications. All features, content, specifications, products and prices of products described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Site and its owners make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on this Site at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased on this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- In stock items usually ship from our Charlotte warehouse within 1-2 business days of your order. Items that ship from our Nevada warehouse usually ship within 1-3 business days.
- Stock status is NOT currently displayed on our website. Please contact us or email us BEFORE placing your order to confirm stock status.
- We can not guarantee a particular delivery date and cannot issue a refund if the item does not arrive by the requested date.
- Tour & Ride's typical order processing time from receipt of order to ship date is 1 to 2 business days. We are located on the east coast and Fed-Ex ground to nearby areas typically take 1-2 business days, while ground shipping to the west coast may take up to 6 business days.
- Shipping and Handling fees are not refundable. For further details on returns see our Refund Policy.
- We do not ship to PO Boxes or APO/FPO addresses. Please provide a residential or business address to ship to.
Ownership of the Site and Submissions
Ownership of the Site and Content – Tour and Ride owns all right, title and interest in and to the Site and all information, data, copyrighted material, trademarks, whether registered or unregistered, images, illustrations, designs, icons, photographs, specifications, literature, and other content on the Site. All contents of the Site are: Copyright © 2011 - 2014 Tour & Ride, Inc.. References throughout the Site to terms that appear with ™, (SM) or ® markings are considered proprietary trademarks, service marks and trade names owned by Tour & Ride, Inc., unless otherwise expressly specified. All rights not expressly granted herein are reserved by Tour & Ride.
Ownership of Information, Suggestions, Ideas, Etc. - Any comments, suggestions, ideas or other submissions that you provide to Tour & Ride by using the Site or which are otherwise provided to Tour & Ride in connection with your use of the Site will become Tour & Ride property and may be used by Tour & Ride. The act of providing any such suggestion, ideas, feedback, or materials constitutes an assignment to Tour & Ride of all worldwide right, title and interest, including copyright and other intellectual property rights, in and to the material and information you provide to Tour & Ride. Tour & Ride will be under no obligation whatsoever to use, respond to or pay any compensation with respect to any idea, submission or suggestion provided by you and may remove or delete any such idea, suggestion or submission at any time in Tour & Ride’s sole discretion. No information, material, or comment provided to Tour & Ride by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By providing any comment, suggestion, idea or other submission to Tour & Ride, you represent and warrant that you own or otherwise control all of the rights to such comments, suggestions, ideas or submissions including, without limitation, all the rights necessary for you to provide such comments, suggestions, ideas or submissions to Tour & Ride and for Tour & Ride to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell the same.
All content on the Site is provided “as is”, with all faults, without warranty of any kind, either express or implied, including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement of any intellectual or other proprietary rights or arising from a course of dealing, usage, or trade practice. Tour & Ride makes no representation or warranties regarding the accuracy, reliability, image color or completeness of the content, materials or information on the Site. Also, Tour & Ride does not warrant that the Site or the hosting server are free of computer viruses or other destructive files. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. Tour & Ride MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM 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, WE HEREBY EXPRESSLY DISCLAIM 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. 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
Tour & Ride assumes no responsibility or liability, for any damages to, or any 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 information or materials from this Site. IN NO EVENT WILL TOUR & RIDE, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE 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 WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON 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 WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB 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.
Links to the Site - By establishing a link to the Site or any page thereof, you agree to comply with these Website Terms and Conditions of Use. You are expressly prohibited from accessing, collecting, storing, disclosing, transferring or using any information obtained or derived from a Site user’s access to or use of the Site.
Indemnification by You – By using the Site, you agree to indemnify, defend and hold harmless Tour & Ride, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to your use of the Site or the material provided therein, any breach by you of these Website Terms and Conditions of Use and any claim that you have violated a user’s privacy rights by collecting or using information about such user’s use of the Site.
Termination/Access Restriction – Tour & Ride reserves the right, in its sole discretion, to terminate your access to any or all of the Site and the related services or any portion thereof at any time, without notice.
General - The Site is controlled and operated by Tour & Ride from its offices in North Carolina. This agreement will be construed in accordance with the laws of the State of North Carolina without regard to any conflict of law provisions. Any dispute arising by virtue of your use of the Site or any material found thereon will be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state court located within Mecklenburg County, North Carolina or any federal court located in the Western District of North Carolina with Divisional Offices in Charlotte, Asheville, Statesville, and Bryson City. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Website Terms and Conditions of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tour & Ride as a result of this agreement or your use of the Site. Tour & Ride’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tour & Ride’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tour & Ride with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement and the Tour & Ride Privacy Notice constitute the entire agreement between the user and Tour & Ride with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tour & Ride with respect to the Site.
Changes to the Site and these Website Terms and Conditions of Use – Tour & Ride has no duty to update the Site or the content thereof and Tour & Ride shall not be liable for any failure to update such information. Tour & Ride reserves the right to change, move or delete portions of or add to the Site and these Website Terms and Conditions of Use from time to time without prior notice to you. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, Tour & Ride recommends that you read these Website Terms and Conditions of Use each time you visit the Site.
Tour & Ride
9309 Forsyth Park Dr.
Charlotte, NC 28273
These Terms and Conditions of Use were last updated on June 21, 2011.
Copyright © 2011-2016 Tour & Ride, Inc.
Offering Givi and Kappa Motorcycle and Scooter Accessories