Terms and Conditions
Reach out if you have any questions about the below Terms and Conditions.
Terms & Conditions
These Terms and Conditions (“Terms”) set forth the general terms and conditions of your use of the www.IRTC-TX.com website (“Website”) and services and products (“Services”) provided by the Independent Rough Terrain Center (also known as “IRTC”) (“we,” “u s,” or “our”) related to heavy machinery. By accessing or using our services and products, you agree to be bound by these terms. By accessing and using the Website and Services, you acknowledge that you have read, understand, and agree to be bound by these Terms.
2. Product Information – Updating Website
While we strive to ensure accuracy, we do not warrant that product descriptions, images, specifications, or other content on our website are complete, reliable, current, or error-free. We reserve the right to modify product information without prior notice. Some images on our site and marketing materials have been altered to illustrate our products and services.
We reserve the right, in our discretion, to change any and all information found on the Website at any time without notice, including removal of any content. We may notify you of changes to these Terms by posting a notice on our Website. Unless otherwise expressly stated, any new or enhanced versions of the Website, content, and Services are Subject to these Terms.
3. Prohibited Activities and Uses
You may not use the website and Services to engage in activity that is illegal under applicable law, which is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under these Terms:
• Disclosing sensitive personal information about others;
• Collecting, or attempting to collect, personal information about third parties without their knowledge or consent;
• Threating harm to a person or property or otherwise harassing behavior, including insults, defaming, slander, disparage, intimidating, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or veteran status;
• Infringing our intellectual property or proprietary rights or those of others;
• Facilitating, aiding or encouraging any of the above activities through the Website, content or Services;
• Solicit others to perform or participate in any unlawful acts;
• Violate any international, federal or state or local laws, rules or regulations;
• To submit false or misleading information;
• To upload or transmit viruses or any other type of malicious code that will or may be used in any to affect the functionality or operation of the Website and Services, third-party products and services, or the Internet;
• To spam, phish, pharm, pretext, spider, crawl or scrape;
• For any obscene or immoral purpose; or
• To interfere with or circumvent the security features of the Website and Services, third-party products and services, or the Internet.
We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
4. Disclaimer of Warranty for Use of Website
IRTC, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (“IRTC PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE UNLESS STATED OTHERWISE AND SUBJECT TO THE SPECIFIC TERMS OF THE WARRANTY AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE THROUGH THE WARRANTY AGREEMENT.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LRTC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR NEGLIGENCE OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS INCLUDING LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, OR SYSTEM OUTAGES, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES ARISING OUT OF, BASED ON OR RESULTING FROM THE USE OF, MISUSE OF OR INABILITY TO USE THE WEBSITE OR CONTENT. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THE TERMS AND SURVIVES IN THE EVENT SUCH FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL IRTC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO IRTC WITH THE MOST RECENT PREVIOUS MONTH FOR YOUR ACCESS TO USE OF THE WEBSITE AND THE CONTENT THEREIN. IN NO EVENT SHALL IRTC PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
You agree to indemnify and hold IRTC Parties harmless from and against any liabilities, losses, damages, or costs, including attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website and its content or any will misconduct on your part.
7. Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by IRTC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with IRTC. All trademarks, service marks, graphics, and logos used in connection with the Website, content or Services, are trademarks or registered trademarks of IRTC or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of IRTC or third-party trademarks.
8. Import and Export Compliance
You may not use or otherwise export or re-export the Website or content except as authorized by United Staes law and the laws of the State of Texas. In particular, but without limitation, the Website and content may not be exported or reexported into any U.S. embargoed countries or to anyone on any U.S. Government agency Denied Person to Entity List. You represent and warrant that your access and use of the Website and its content will not violate any such laws and that you are not located in any such county or on any such list. You also agree that you will not use the Website or its content for any purposes prohibited by U.S. law, including without limitation the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
9. Governing Law
These terms shall be governed by and construed in accordance with the laws of Texas. Any disputes arising out of these terms shall be subject to the exclusive jurisdiction of the courts in Texas.
10. Dispute Resolution and Mandatory Arbitration
You and IRTC acknowledge that all disputes, claims and controversies relating in any way to your use of the Website or content, or otherwise arising out of or relating to these Terms will be resolved by binding arbitration, administered by the American Arbitration Association, (“AAA”), under its then-applicable Commercial Arbitration Rules and Mediation procedures, rather than in court.
We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or represented action. If for any reason a claim proceeds in court rather than in arbitration and we each waive any right to a jury trial. We also both agree that we may bring a suit in court to enjoin infringement or other misuse of intellectual property rights or to enforce an award issued by an AAA arbitrator.
The prevailing party in any arbitration or proceedings shall be reimbursed by the other party for all costs, expenses, expert fees, and charges, including without limitation, reasonable attorneys’ fees incurred by the prevailing part.
If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intention of the parties, and all other provisions shall remain in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or particle exercise of any right or power preclude further exercise of any such right.
We may assign our rights and delegate our obligations under the Terms to any party at any time without notice to you. However, you may not assign or delegate your rights or obligations under the Terms without prior written consent of IRTC, which may be withheld at our sole discretion.
14. Contact Information – Reporting Violations
If you have any questions, concerns, or complaints about these Terms, we encourage you to contact us at 103 Guadalupe Dr. Cibolo, TX 78108 or by phone: (210) 599-6541. If you have discovered and would like to report a violation of the Terms, please contact us immediately and we will investigate the situation.
15. Entire Agreement
These Terms constitute the entire agreement between you and us concerning the Website and content and replace all prior agreements. The section titles in the Terms are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgment, invoice, or similar document do not apply to these Terms.