Terms Of Service
LIMITED WARRANTY TERMS
This limited warranty is issued with respect to the motorcycle carrier (the “Carrier”) that you purchased from Rider’s Caddy, Inc. (the “Company”)
The Company warrants that the Carrier was free from defects when delivered to you. By defect we mean any fault in design or construction that significantly impairs or limits the function or purpose of the Carrier. This warranty commences on the date that you purchased the Carrier and is valid for one (1) year thereafter.
Warranty coverage is expressly excluded for any Carrier:
– that is rendered defective as a result of misuse or any negligence or carelessness in the use of the product
– that is rendered defective as a result of improper installation, maintenance or repair
– that is damaged during transport
– with defects not attributable to faulty design or construction, but rather to wear and tear that occurs during normal use
– that is modified in any manner after delivery
– that is damaged by accident or any other cause not objectively attributable to the manner in which the product was designed or manufactured.
Except as and to the extent set forth herein, the Company expressly disclaims any and all warranties, express or implied, including, without limitation THE WARRANTY OF MERCHANTABILITY or the WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
In the event of any covered defect, you should contact the Company as soon as possible, but in all events within thirty (30) days after the defect was discovered or should have been discovered. Failure to timely notify the Company will void this warranty.
In the event of a covered defect, the Company’s sole obligation shall be to repair or replace the Carrier, at the Company’s discretion. In no event shall the Company be liable or responsible for any incidental, consequential, direct, indirect, punitive or special damages including, without limitation, any personal injury, loss of life or damage to property, arising from or relating to the use or misuse of the Carrier.
Upon being notified of a covered defect, the Company will make arrangements for the Carrier to be returned to its manufacturer and for any defect to be repaired. Following its repair, the Carrier will be shipped to you, all at the Company’s cost. If the Company determines to replace rather than repair the Carrier, a new Carrier will be shipped to you, at no cost.
You understand that adding the Carrier to your motorcycle might cause it to react differently than it has in the past including, without limitation, in turns or on curves, in high wind or on wet roads. You should take all steps reasonably necessary to familiarize yourself with your motorcycle’s handling after the Carrier has been properly installed. Failure to do so or to properly operate your motorcycle with the Carrier installed (such as by speeding, erratic or aggressive driving, driving under the influence of drugs or alcohol or driving at unsafe speeds or in an unsafe manner for the conditions encountered) will void this warranty. In addition, you understand that if the Carrier is not properly loaded, secured and locked during operation, it may be possible for its contents to be thrown from the Carrier. By operating your motorcycle with the Carrier attached, you assume the risk involved with such operation.
In consideration of the sale of the Carrier to you, you agree to release and forever discharge the Company from any and all actions, causes of action, claims and demands you may have for, upon or by reason of any damage, loss, injury or death which may be sustained by operation of your motorcycle with the Carrier attached. This release applies and extends to all unknown, unforeseen, unanticipated and unsuspected risks, injuries, damages, loss and liability, and the consequences thereof, as well as those risks now known to exist. The provisions of any state, federal, local or other statute, rule or regulation providing that releases shall not extend to matters that are unknown or unsuspected at the time of the release are expressly waived.
Furthermore, you agree, on behalf of yourself and your heirs, executors, administrators, representatives, successors and assigns, to indemnify, defend and hold the Company, and its officers, directors, shareholders, employees, representatives, successors and assigns, harmless from and against any and all actions, causes of action, claims and demands by third parties arising from or relating to the use or misuse of the Carrier.
The provisions set forth herein shall be governed by and construed in accordance with the provisions of Arizona law, without regard to its conflict of law provisions. Venue for any action hereunder shall lie in the federal or state courts of Maricopa County, Arizona, and you hereby irrevocably consent to the jurisdiction of such courts. In the event suit is brought (or arbitration instituted) or an attorney is retained by either of us, the prevailing party shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys’ fees, court costs, costs of investigation and other related expenses incurred in connection with such action.
E-commerce Terms & Conditions By visiting riderscaddy.com you agree to the following terms & conditions. Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website. This website is provided by Riders Caddy Inc. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account. This website is not intended for persons under 18 years of age. Account Terms By registering with the Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time. Acceptable Use You shall not do any of the following or permit any other third parties to do any of the following: (a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations; (b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component; (c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder; (d) Account sharing, including, without limitation, letting third parties use your account and password. Modification of these Terms & Conditions: Riders Caddy reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website. Payment You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees. Electronic Communications When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications. Copyright and Licenses This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Riders Caddy Inc. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Riders Caddy Inc. License Riders Caddy Inc. grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Riders Caddy Inc. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Riders Caddy Inc. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Riders Caddy Inc authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions. Disclaimer of Warranty/Limitation of Liability: THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. RIDERS CADDY INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RIRDERS CADDY INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RIDERS CADDY INC. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RIDERS CADDY INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WEBSITE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. RIDERS CADDY INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, RIDERS CADDY INC. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Third Party Links For your convenience Riders Caddy Inc. may provide, links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Riders Caddy Inc. does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Riders Caddy Inc sponsors, endorses, is affiliated or associated with any linked third party websites. This website and any information or instructions it provides are for informational purposes only. You are advised to consult with a qualified mechanic for the proper installation and attachment of the Carrier to your motorcycle. It is your responsibility to ensure that the Carrier is properly installed and attached. You assume the risk of improper or faulty installation and operation of the Carrier.