Terms of Use

Welcome to the online store of Radco Truck Accessory Center, Inc., d/b/a RadcoTruckAccessories.com (“Radco”). Radco is pleased to make the online store located at http://www.RadcoTruckAccessories.com (the “Site”) available for your use and benefit. By visiting or using the Site you warrant that you are the age of majority and you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

COLLECTION OF VISITOR INFORMATION ON THIS SITE
Any information collected at this Site is governed by the Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Radco through a login/registration page and you must agree to be bound by any additional applicable terms and conditions.

LIMITATIONS ON USE OF CONTENT
All content, data and material contained on this Site are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by Radco and which are protected under the laws of the State of Minnesota, the United States, foreign jurisdictions, and/or international treaties.
No portion or element of this Site or any of its content may be copied or retransmitted via any means. This Site, its content and all related rights shall remain Radco exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without Radco prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost, or otherwise use the content of this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.

ACCURACY
Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing, and availability. Radco reserves the right to: (i) discontinue the sale of any product listed on this Site at any time without notice; and (ii) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after an order has been submitted and accepted). If Radco discovers price errors, they will be corrected on Radco systems within a reasonable amount of time. Radco will use reasonable efforts to have the corrected price apply to your order. Please note that because the colors you see will depend on your monitor, Radco cannot guarantee that your monitor will display the exact color of an item displayed.

CHARGES AND FEES
You authorize Radco and any payment processing service provider it may engage to charge your credit card for any products, or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you shall be responsible for any and all uses of your credit card.

PRODUCT ORDERS
The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

RISK OF LOSS
All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Radco delivery to the carrier.

ACCEPTANCE OF ORDERS
The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of Radco offer to sell. Radco reserves the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.

RETURNS POLICY
You can return online purchases for store credit only. All returns must be received by Radco within 30 days of the original purchase date, and a copy of your receipt must be included with the return. You are responsible for the cost of returning the product to the Radco address below, and you bear all risk of loss of the product when you send it to Radco. Radco has no obligation to accept or provide any store credit for products that have been damaged or misused. Once a product is accepted by Radco for return, you will receive an electronic refund, delivered via email, for the amount of the purchase price you paid for the product.

LINKS TO OTHER WEBSITES
This Site may contain links to other websites. Additionally, other websites may contain links to this Site. Radco does not review or monitor the websites linked to this Site and Radco is not responsible for the contents of any other websites. Any link established by Radco does not in any respect whatsoever constitute an endorsement of the other websites or create a relationship between Radco and the operators of other websites. Radco disclaims any liability with respect to your use of any other website, and you release Radco from any liability related to your use of any link to another website or your use of any other website. Where this Site contains a link to another website owned and/or operated by Radco, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Any manufacturer’s warranties that may be disclosed in the packaging of a product sold to you through the Site are warranties made solely by the manufacturer directly to you, and Radco has no responsibility for complying with those warranties. If you wish to receive warranty service or otherwise make a claim against the manufacturer’s warranty, please see the information provided within the manufacturer’s warranty statement for instructions on how to make your claim. Radco cannot process or assist you with a claim made against a manufacturer’s warranty. If you wish to review the manufacturer warranty for any item available for sale through this Site prior to your purchase, you may call Customer Service 218-961-GEAR or email Radco at info@Radco.com and ask to receive a copy of the applicable manufacturer warranty, which Radco will provide to you at no charge. If you e-mail Radco, please include your name, your address, the name of the item, and the product number, if applicable.

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND RADCO MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. FURTHER, RADCO MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. RADCO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT OR PHOTOGRAPHY. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS. IN NO EVENT SHALL EITHER RADCO OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

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 MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall Radco aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).

PROHIBITED ACTIVITIES AND VISITOR OBLIGATIONS
As a visitor to this Site you shall not:

a. violate any applicable local, state, national or international statute, regulation, or law;
b. upload, post, use, transmit, or otherwise make available, including by e-mail, any content or information that is false or inaccurate;
c. upload, post, use, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
d. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
e. engage in any activities or manipulate identifying material to misrepresent the origin of content;
f. upload, post, use, transmit, or otherwise make available any content that is subject to any disclosure restrictions;
g. upload, post, use, transmit, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, publicity or privacy right, or any other proprietary rights;
h. upload, post, use, transmit, or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
i. upload, post, use, transmit, or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
j. interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
k. disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
l. use this Site for commercial purposes.

USER CONTENT
You agree that you are solely responsible for any content (e.g., text, images, photographs, videos) and information that you upload, post, use, transmit or otherwise make available on or through this Site ("User Content"). Although Radco has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, Radco reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By posting User Content to this Site or transmitting User Content through this Site (e.g., via the chat feature), you represent and warrant that: (a) the User Content is non-confidential; (b) you have all necessary rights (including permission from all person(s) appearing in your User Content) to post or transmit the User Content to the Site and to grant the rights to Radco that you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use, transmission and/or posting thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.
By posting User Content to this Site or transmitting User Content through this Site, you hereby irrevocably consent to the unlimited reproduction, distribution, display, performance, and other use by Radco of your name; image; likeness; voice; username; caption; location information or other identifying information; biographical information; statements, quotes and stories; and any interior or exterior photographs or other depictions of your home, office, or vehicles which may or may not contain images of your family, friends, or pets (each, a "Likeness"), for any purpose, and in any format or medium now known or hereafter devised. Radco may, in its sole discretion, and without providing notice to or receiving consent from you, modify, change, adapt, or otherwise alter a Likeness. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law.
All User Content becomes the property of Radco and Radco may use the User Content for any purpose. See the Submission section below for more information.
THIRD PARTY PROVIDERS OF FUNCTIONALITY ON THE SITE
Radco may have functionality on this Site that is provided, in whole or in part, by a third party service provider. You can usually identify such third party functionality by the use of a trademark not owned by Radco on or near the functionality. For such third party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web site and locate the terms of use and privacy policy. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on this Site.
PRODUCT REVIEWS
This Site may provide you and other users of this Site with the opportunity to tell Radco and other users of this Site what you think about Radco products or services ("Product Reviews"). Product Reviews may be facilitated or provided, in whole or in part, by a third party service provider. If you create and post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Radco does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of Radco. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.
WEB CHAT
Radco may provide functionality on this Site that allows you to chat with Radco representatives via this Site ("Web Chat"). The Web Chat functionality may be provided, in whole or in part, by a third party service provider. Your Web Chat with Radco shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of Radco. You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.

SUBMISSIONS TO RADCO
Any and all materials you send or submit to Radco or a third party provider on this Site, including, without limitation, comments, suggestions, Product Reviews, User Content, photos, or contest or sweepstakes entries (collectively, "Submissions"), shall become Radco property; and you hereby transfer, sell, and assign to Radco all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Radco an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicense able and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. Radco has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Radco shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

INDEMNIFICATION
You agree to indemnify, defend, and hold Radco and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

CHANGES TO TERMS OF USE
These Terms of Use may be changed without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Radco shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

CONTINUED OPERATION, ACCESSIBILITY, AND MAINTENANCE OF THIS SITE
Radco may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and Radco reserves the right to refuse service to anyone at any time, with or without cause.

YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Radco reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.

GENERAL PROVISIONS
Any failure by Radco to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Radco, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota. If any portion of these Terms of Use are held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.

CONTACT
For questions or comments related to this Site or these Terms of Use, please contact Radco using the information below. Product returns should be returned to the address below as well.

Radco Truck Accessory Center
14336 Dellwood Drive
Baxter, MN 56425
Phone: 218-829-1447
Fax: 218-829-2345 (Attn: Radco.com)
Email: info@Radco.com

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Digital Millennium Copyright Act (DMCA)/Copyright Policy
Radco respects the intellectual property rights of others. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail
Attn: Copyright Agent
Radco, Inc.
14336 Dellwood Drive
Baxter, Minnesota 56425
United States
By phone
(218) 829-1447

By Fax
(218) 829-2345

By Email
orderdesk@radco.com

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


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