Terms and Conditions of Use
Welcome to the Warn Industries, Inc. website, http://partners.warn.com. Please
read this document carefully before using or accessing the site. By registering
Warn Industries, Inc. (“WARN”) may modify this agreement at any time, and such
modifications shall be effective immediately upon posting. Notice of any
significant changes to the policy will be posted on the sign-on page of the
website for 30 days following modifications. It is your responsibility to
understand the terms and be aware of any modifications.
PRIVACY AND SECURITY
WARN understands the importance of privacy to our
business partners. WARN will not give or sell confidential or Personal
Information (as described below) about our partners to any third party not
affiliated with the transaction, except as required by law, a government entity,
or as necessary to provide WARN services to the customer. WARN does not sell
information to third parties that could be used to specifically identify an
individual customer or group of customers.
Information collected by WARN which relates to an identifiable person is
considered "Personal Information". Examples of Personal Information are names,
addresses, email addresses, credit card numbers and telephone numbers.
WARN respects data from our partners and treats it as an asset that must be
protected against loss and unauthorized access. We employ information security
techniques (including firewalls, access control procedures and cryptography) to
appropriately protect confidential information from unauthorized access by users
inside and outside the company. Access to partner information is limited to
those WARN team members who have a legitimate business need for that
WARN reserves the right to use non-confidential data in any manner it feels is
storage that allow time saving tools, such as user preferences, etc.). To
disable or change Cookie settings, look at the ‘Help’ menu on your Internet
TRADEMARK, COPYRIGHT, AND LICENSE RIGHTS
WARN, WARN & DESIGN, WARN WORKS, WARN WORKS & DESIGN, TRANS4MER, GO PREPARED, ZEON, Spydura and other marks are
registered trademarks of Warn Industries, Inc. in the United States and other
countries. TABOR, RED LETTER DEALER, HIDDEN KIT, POWERPLANT, SNOWINCH, PULLZALL
and other marks and trade names are trademarks of Warn Industries, Inc. in the
United States and other countries. Other product and company names mentioned in
the Site might be the trademarks of their respective owners.
All materials contained in any Warn Industries website, including photos and
artwork, are the copyrighted property of Warn Industries or and/or third party
licensors and protected by United States and international copyright laws.
Factory Bulletins, Notices, product literature, and catalogs are provided to
inform and assist WARN customers and can be downloaded, posted or distributed by
WARN Authorized Resellers for that purpose. Authorized resellers cannot transfer
these rights without written permission from WARN. Authorized resellers should
include a copyright use permission statement in all printed materials.
YOUR ACCOUNT, RESPONSIBILITIES AND USE OF WEBSITE
The WARN Partner website is a tool that allows customers and suppliers to access business data such as PO’s,
track orders, view invoices, access product bulletins and the WARN photo
library, as well as access special product offers.
You are responsible for maintaining the confidentiality of your password,
computer access, and login for your account, and are responsible for all
activities that occur under your account or by means of your login or password.
You agree to indemnify, defend and hold harmless WARN for any liability or
expense arising from misuse of your password, login or account.
You agree to immediately notify WARN of: a) any unauthorized use of your
account; and b) any password or login that should be cancelled or changed for
any reason, including without limitation, where such password or login is known
by an employee who has left your company. Notification of changes should be
directed to WARN Customer Service, 800.543.9276.
You agree to use the website for lawful purposes, and not communicate illegal or
offensive content, or submit content or links that knowingly contain software
viruses, mass mailings or other forms of ‘spam’.
By using the WARN Partner website, you give WARN a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by email to WARN.
You also grant to WARN, the right to use your name in connection with the
submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against WARN for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to WARN.
The information and material contained in this site, including text, graphics,
links or other items are provided “as is” and WARN does not warrant the
accuracy, adequacy or completeness of this information and disclaims liability
for errors or omissions. Except for information provided by WARN, we do not
operate, control or endorse information, products or services of others. WARN
does not guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures to satisfy your particular requirements for
accuracy of data, and for maintaining an external means of reconstructing any
data that could be lost.
WARN makes no representations about any other website which you may access
through this website or which may link to this site. WARN has no control over
the content of any site independent of WARN. A link to a WARN website does not
mean that WARN endorses or accepts any responsibility for the content, or the
use, of such website. WARN reserves the right to disable links from any third
party sites to any WARN site.
PRODUCT, DESCRIPTIONS AND PRICING
WARN may post special product sale offerings on this site. WARN will be as accurate as possible when identifying
the make, model, price, and other descriptions of the product. Sales of product
will be subject to the WARN general Terms and Conditions, and/or any existing
agreement with a customer. In the event a product is listed at an incorrect
price or with incorrect information, WARN reserves the right to refuse or cancel
any orders placed, even if the order has been confirmed in the system, and/or
the customer’s credit card or account has been charged. If the credit card or
account has been charged, and the order is canceled, WARN shall promptly issue a
credit in the amount of the charge.
ORDER ACCEPTANCE AND PAYMENT
Terms of payment shall be determined at the sole
discretion of WARN and may be subject to prior credit approval. Payment for
purchases on the WARN Partner Website shall be credit card, which is subject to
financial institution approval. WARN reserves the right to require pre-approval
of any purchases over a certain dollar amount, and may require additional
verification or information before accepting any order. Receipt of an electronic
or other form of order confirmation does not signify acceptance or confirmation
of an order. WARN reserves the right to, without prior notice, accept or decline
an order, or limited the quantity of products ordered for any reason.
PRICES, SHIPPING AND HANDLING CHARGES
Products ordered on the WARN Partner
website shall be shipped to business addresses within the US and Canada only.
Product prices on the WARN Partner website may not include shipping, handling or
taxes, which will be separated on the Invoice.
Although availability may be indicated on the WARN
Partner website, WARN does not guarantee product availability, and reserves the
right, without liability or prior notice, to revise, discontinue, or cease to
make available, any or all products. If a product is revised, discontinued or no
longer available, WARN may, at its sole discretion, substitute a substantially
similar product in the order.
COMPLIANCE WITH RETURN POLICIES
You agree to comply with and be bound by the
return policies (located in the Customer Service section of the WARN Partner
website), which is incorporated into this Terms and Conditions of Use.
You agree to indemnify, defend and hold harmless Warn
Industries, Inc., its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the website from and
against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including negligent or
wrongful conduct by you or any other person accessing the site).
Either party may terminate this agreement at any time for any
reason. WARN can disable or terminate your login, password, or other access to
the site at any time, for any reason, without prior notice. WARN respects the
intellectual property of others, and expects the same from users of the site.
WARN has the right to disable or terminate your account for intellectual
property infringement or suspected violations.
Unless otherwise specified, the materials in any WARN site are
presented solely for the purposes of promoting WARN products. This Agreement
shall all be governed and construed in accordance with the laws of the State of
WARN may assign its rights and duties under this Agreement to any party at any
time without notice to you. Any rights not expressly granted herein are
Any claim you may have with respect to the website must be commenced within one
(1) year after the claim or cause of action arises. Warn Industries’ failure to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the
actions of the parties nor the trade practice shall act to modify any provision
of this Agreement.
WARN welcomes comments from customers regarding WARN® products and our services.
Unfortunately, our long-standing company policy does not allow us to accept or
consider creative ideas, suggestions or materials other than from those that we
have specifically requested, or have an agreement with. It is the intent of this
policy to avoid the possibility of any future misunderstanding when projects
developed by WARN might seem to others to be similar to their own creative work.
COPYRIGHT NOTICE Copyright 2001-2014 Warn Industries, Inc., 12900 SE Capps
Road, Clackamas, Oregon USA 97015 Last updated: June 6, 2014