Terms and Conditions of Use

INTRODUCTION

Welcome to the Warn Industries, Inc. website, http://partners.warn.com. Please read this document carefully before using or accessing the site. By registering and accessing the Warn Industries site, you accept these terms of use.

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 information.

WARN reserves the right to use non-confidential data in any manner it feels is appropriate.

WARN websites may use Cookies (small text files sent to your computer for 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 browser.
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.
PRODUCT AVAILABILITY

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.
LEGAL LIABILITY

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).
TERMINATION

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.
MISCELLANEOUS

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 Oregon.

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 reserved.

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.

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