SECTION 1 – HOW INFORMATION IS COLLECTED
In general, you can browse the Site without revealing any personal information about yourself. The information collected by visiting the Site is voluntarily provided by you when you purchase items through the Site or register for our mailing list, or by the use of “cookies”, as is further discussed in Section 8 herein. The Site utilizes Google Analytics, which provides certain information which assists us in evaluating traffic to and from the Site. For explanation as to how Google collects and processes your data, click here.
If you correspond with us via email, the postal service, or other forms of communication, you may reveal personal information about yourself to us (e.g. name, email, and postal address information).
Visitors Making Purchases or Registering for Newsletter
Barnes4WD collects names, email address, credit card information, address, phone number, and a password from users registering to make purchases or to register for our mailing list. Our secure servers protect your information using advanced encryption techniques and firewall technology.
SECTION 2 – HOW INFORMATION IS USED
The information gathered during general browsing of the Site is used for the purposes expressed at the time of your voluntary submission of information, and for no other purposes.
We may use contact information submitted during purchases to notify purchasers of current promotions, specials and new additions to the Site. You may unsubscribe from our mailing list by following the unsubscribe instructions in any email you receive from us. Your name, email address, and postal address will not be given, sold, or otherwise shared or disclosed to third parties unless you expressly authorize us to do so.
Visitors Making Purchases or Donations or Registering for Membership
Barnes4WD may utilize information you prove by registering for purchases or to register for our mailing list to provide services and to correspond with you. We do not give, sell, or otherwise share names, addresses, e-mail addresses, telephone numbers, and organization names, titles, organization website addresses, organization descriptions, and organization classifications with third parties unless you expressly authorize us to do so.
SECTION 3 – HOW TO ELIMINATE COLLECTED INFORMATION
Providing personal information on the Site is optional. If you choose not to provide personal information, you can still browse and use the Site, but you will not be able to correspond with us, make purchases, or access other features of the Site. You may have the right to examine the personal information stored by Barnes4WD, and you have the right to have your information deleted upon request. If requested, we will permanently delete any personal information that we have stored.
SECTION 4 – CONSENT AND WITHDRAWAL
When you register to make purchases or to become a member of our mailing list, you implicitly consent to the collection and use of the information provided for the specific reason that it was provided and to send e-mail updates. If you sign up for our mailing list, you have given affirmative consent to receive email updates from Barnes4WD.
If you decide that you no longer wish to receive our newsletter, you may withdraw your consent via the method set out at the bottom of any newsletter.
Similarly, you may request that we cease to use or store your personal information by contacting email@example.com via e-mail or by mail to 34 McKinney Road, Etowah, NC. 28729.
SECTION 4 – DISCLOSURE
Barnes4WD may disclose your personal information if required to do so by law or if you violate our Terms. Your information will be disclosed to third parties for no other reason.
SECTION 5 – THIRD-PARTY SERVICES AND THIRD-PARTY WEBSITES
SECTION 6 – SOCIAL MEDIA
Our Site provides users the opportunity to interact and post content through various social media sites including, but not limited to, Facebook, Instagram, and YouTube. Through the use of tools, widgets, and/or links. Your interactions with these utilities, and any information you provide in connection with these interactions, are publicly viewable outside of the Site. Each social media site has its own privacy policies which may be more or less protective than this Policy. If you do not wish for this information to be disclosed, then you should not use these utilities. We are not responsible for information you choose to post on this Site or in any other forum.
SECTION 7 – SECURITY
Information that we collect is stored in a secure manner using a variety of access controls. Secure passwords, SSL encryption, firewalls, and other measures are in place that helps us to protect your data. However, no organization can fully eliminate security risks associated with the transmission of personal information through online transactions, and you do so at your own risk. Breaches of our stored information will be reported within the statutorily-required period to authorities in North Carolina and, if applicable, within 72 hours to the appropriate authorities in the European Union.
SECTION 8 – COOKIES AND WEB BEACONS
SECTION 9 – CHILDREN UNDER 13
This site is not directed to anyone under sixteen (16) years of age (a “Child”), and we do not knowingly collect personal information from persons under this age. If we become aware that a Child has provided us with personal information, we will delete such information from our files.
SECTION 10 – AGE OF CONSENT
By using this Site, you represent that you are at least eighteen (18) years of age, or that you are at least eighteen (18) years of age and have given us your consent to allow any of your minor dependents to use this Site. If you are under the age of eighteen (18), do not use this Site without parental consent.
Barnes4WD reserves the right to modify this Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on this Site. If we make material changes to this Policy, we will notify you on this Site that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If Barnes4WD is acquired or merged with another company, your information may be transferred to the new owners so that they may continue to sell products to you.
SECTION 12 – SUBJECT TO THE TERMS
This Policy is subject to the Terms, including without limitation all provisions regarding warranty, disclaimers, limits of liability, and dispute resolution mechanisms, such as the jurisdiction and form selection provisions.
SECTION 13 – DISPUTES
The site is administered by Barnes4WD from its offices in North Carolina. This Policy and the Terms will be governed by and construed in accordance with the laws of North Carolina, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site or with this Policy, including compliance with the Terms, shall have exclusive venue in the state courts of Henderson County, North Carolina or in the Western District of North Carolina. Each party hereto hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
SECTION 14 – INTERNATIONAL USERS
SECTION 15 – QUESTIONS AND CONTACT INFORMATION
If you would like to access, correct, amend, or delete any personal information that we have about you; register a complaint; or simply want more information, please contact us at firstname.lastname@example.org or by mail, 34 McKinney Road, Etowah, NC. 28729.
Terms & Conditions
TERMS AND CONDITIONS
PRODUCTS. The term “Products” shall include items, material, chattels, equipment, machinery, manufactured articles, merchandise, fixtures, products, software, appliances, plant and any other items to be supplied by Company to the User according to a Purchase.
PURCHASE. Your receipt of an electronic or other form of order confirmation does not signify Company’s acceptance of your order, nor does it constitute confirmation of Company’s offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. The Products shall be delivered to the User to the place and by the methods specified in the Purchase. User shall pre-pay for all Products at the time of Purchase. Company reserves the right to pursue all available remedies should User’s payment have insufficient funds or otherwise be rejected.
TYPOGRAPHICAL AND OTHER ERRORS. In the event a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Company shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the Purchase and your order is canceled, Company shall immediately issue a credit to your credit card account in the amount of the incorrect price.
WARRANTIES. Company warrants to User that all Products covered by these Terms conform to the samples, drawings, specifications, plans, or other descriptions provided on the Site (collectively, “Specifications”). Company shall not substitute Products. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, VALUE, VALIDITY, OR ENFORCEABILITY, AND ANY AND ALL SUCH OTHER REPRESENTATIONS OR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. Company does not warranty any Products for use non-confirming with the intended or apparent use, and for the improper installation or manipulation of the Products. To the extent that any warranty exists, such warranty is wholly waived if User changes, alters, manipulates, or damages the Products in any way. Company agrees to repair or replace free of charge any whole or partial Products which prove defective or which operate unsatisfactorily prior to installation of the Products by User. This warranty does not apply to normal effects of corrosion or wear and tear.
REMEDIES. Notwithstanding anything to the contrary contained in these Terms, Company reserves the right to pursue lost profits or consequential damages in connection with any violation by User of these Terms.
INDEMNIFICATION. To the fullest extent permitted by law, User shall indemnify and hold harmless Company and any Company representative and all of their respective trustees, directors, officers, employees and agents (collectively, "Products Indemnities") from and against all claims, liabilities, damages, losses, costs (including, without limitation, reasonable legal fees) and expenses (collectively, "Claims"), arising from or relating to the undertaking of Company hereunder or any defect(s) in the Products supplied, provided such Claims are caused in whole or in part by any negligent act, omission, recklessness or willful misconduct of User or anyone for whose acts User may be liable, or provided User may be held responsible for same under other applicable legal or equitable principles.
REGULATORY COMPLIANCE AND NONDISCRIMINATION. The Company is in compliance with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction (“Laws”) including, without limitation, the applicable provisions of applicable Laws dealing with labor and wages, workmen’s compensation, employer liability, unemployment compensation, old age benefits, safety, antitrust and anti-collusion, fair trade, the environment, equal employment opportunity and discrimination on the basis of race, color, religion, gender, national origin, veteran’s status or disability.
WAIVER OF LIENS. Company agrees that no mechanics or materialmans lien or other claim shall be filed or maintained by Company or by any other person for or on account of any work done on Products furnished in a Purchase. Each Purchase shall be an independent contract.
CONFIDENTIALITY. User hereby acknowledges that, through a Purchase or by other contact with the Company, User may gain access to or receive certain information of or about the Company that Company designates as confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential by User (“Confidential Information”). Confidential Information includes information relating to the Company or its current or proposed business, financial statements, budgets and projections, customer identifying information, potential and intended customers, employers, products, computer programs, specifications, manuals, software, analyses, strategies, marketing plans, business plans, designs, trademarks, developed products, products-in-development, and other confidential information, provided orally, in writing, by drawings, or by any other media. User agrees to treat the Confidential Information as strictly confidential and to not disclose it to any third-party or use it for any purpose but to fulfill his/her obligations in the Purchase. In addition, User shall use due care and diligence to prevent the unauthorized use or disclosure of Confidential Information.
COPYRIGHTS AND TRADEMARKS. Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2006, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of making a Purchase and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission of the Company. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MISCELLANEOUS. No agreement or other understanding in any way modifying the Terms shall be binding upon Company unless made or accepted by Company in writing. These Terms shall be subject to modification, amendment and/or cancellation by Company. Any provision in these Terms that is held to be inoperative, unenforceable, voidable or invalid in any jurisdiction shall as to that jurisdiction, be ineffective, unenforceable, void or invalid without affecting the remaining provisions, or the enforce ability of all provisions in any other jurisdiction and to this end, the provisions hereof are declared to be severable. The contract resulting from the acceptance of these Terms is to be governed by and construed in accordance with the laws of the State of North Carolina without regard to the choice of laws provisions thereof. The Parties agree to bring any federal or state legal proceeding arising under these Terms in a court of competent jurisdiction within Henderson County, North Carolina, or the Western District of North Carolina. This section shall not be construed to limit any rights a party may have to intervene in any action, wherever pending, in which one of the others is a party.
Professional Services Disclaimer:
The content of all pages of this website (collectively, the “Website”), such as text, graphics, images, information and other material (collectively, “Content”) is for informational purposes only. Any information furnished on this Website is not intended nor implied to be automotive advice and is not intended to replace personal consultation with a qualified automotive service technician, mechanic, or similar automotive professional. Barnes 4WD has not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. Barnes 4WD does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL BARNES 4WD BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT. BARNES 4WD DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO ANY PRODUCT FEATURED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, VALUE, VALIDITY, OR ENFORCEABILITY, AND ANY AND ALL SUCH OTHER REPRESENTATIONS OR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.