TERMS AND CONDITIONS

These Terms and Conditions govern your use of this website. By accessing this website, you are acknowledging and accepting these terms of use. These Terms and Conditions are subject to change by Adrenaline Truck Performance LLC | ATPTrucks.com | ATPTrucks (hereinafter “ATPTrucks”) at any time and at our discretion without notice. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use this website.

INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by ATPTrucks, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. However, you may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ATPTrucks or to purchase ATPTrucks products.

As noted above, reproduction, copying, or redistribution for commercial or personal purposes of any materials or design elements on this site is strictly prohibited without the express written permission of ATPTrucks. For information on requesting such permission, please contact us at [email protected].

TYPOGRAPHICAL ERRORS

In the event that an ATPTrucks product is mistakenly listed at an incorrect price, ATPTrucks reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ATPTrucks reserves 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 cancelled, ATPTrucks shall issue a credit to your credit card account in the amount of the incorrect price.

THIRD PARTY REFERENCES / HYPERLINKS

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ATPTrucks, and you acknowledge that ATPTrucks is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

THIRD PARTY PROVIDERS

ATPTrucks also offers a number of products, programs and services developed and provided by third party providers, including certain web based software applications and content, downloadable software, text message, cellular, and telephony products, and other types of products and services (The “Third Party Tools”). The Third Party Tools may be offered as part of a “bundle” of products and services which include access to the ATPTrucks websites, or as standalone products or services. While the Third Party Tools may feature brand or trade names associated with ATPTrucks and its brand and tradenames and ATPTrucks may provide certain customer support services for them, they are not products or services developed by ATPTrucks. The Third Party Tools offered by ATPTrucks may at any time change or be revised and any specific Third Party Tools may cease to be offered or supported by ATPTrucks at any time, without notice. ATPTrucks may also from time to time provide access to new or different Third Party Tools. The availability, functionality, usability of utility of any of the Third Party Tools are not warranted, represented or in any way assured by ATPTrucks. ATPTrucks makes no representations or warranties regarding the Third Party Tools and disclaims all liability for their use, implementation or availability.

MATERIALS PROVIDED TO ATPTRUCKS OR POSTED AT ATPTRUCKS.COM

ATPTrucks does not claim ownership of the materials you provide to ATPTrucks (including feedback and suggestions) or post, upload, input or submit to any ATPTrucks website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ATPTrucks, its affiliated companies, licensees and sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ATPTrucks is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ATPTrucks’ sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

CONTACTING US

If you need to contact us, you can email us at [email protected].

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ATPTRUCKS, INCLUDING ANY PUBLICATION IN PRINTED OR DIGITAL FORM, ANY COACHING SERVICES, THIRD PARTY TOOLS AND THE ATPTRUCKS WEBSITE (COLLECTIVELY “PRODUCTS AND SERVICES”), MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, “BUGS”, FLAWS, FUNCTIONAL PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE PERIODICALLY MADE TO THE PRODUCTS AND SERVICES. ATPTRUCKS AND/OR ITS SUPPLIERS MAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ATPTRUCKS AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PRODUCTS AND SERVICES, INCLUDING THE ATPTRUCKS WEBSITE AND THIRD PARTY TOOLS, FOR ANY PURPOSE WHATSOEVER. ALL PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS, WHERE IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND. ATPTRUCKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL ATPTRUCKS AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS INTERRUPTION OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE, PERFORMANCE, AVAILABILITY, USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, THE RESULTS OBTAINED FROM CONTENT, DATA OR ADVICE RENDERED THROUGH ACCESS OR USE OF THE PRODUCTS OR SERVICES OR ON THE ATPTRUCKS WEBSITES, WITH THE DELAY OR INABILITY TO USE THE PRODUCTS OR SERVICES, THE ATPTRUCKS WEBSITE OR ANY RELATED PRODUCTS, INFORMATION OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCTS AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATPTRUCKS OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICABLE PRODUCTS AND SERVICES AND TERMINATING YOUR SUBSCRIPTION FOR THEM IN ACCORDANCE WITH ATPTRUCKS’ CANCELLATION AND TERMINATION POLICIES THEN IN EFFECT AND POSTED ON THE ATPTRUCKS WEBSITE. ATPTRUCKS’ MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR ANY CLAIM ARISING OF THE PURCHASE OR USE OF THE PRODUCTS OR SERVICES OR THE ATPTRUCKS WEBSITE OR ANY CONTENT APPEARING ON ITS WEBSITE SHALL BE A REFUND OF ANY MONTHLY SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR THE MONTH DURING WHICH ANY CLAIM, DAMAGE OR ALLEGED CLAIM ARISES.

CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from ATPTrucks, and all information to which you have access through password-protected areas of ATPTrucks’ websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever, and recognize that if we determine that you have violated this and/or shared or placed ATPTrucks content on any other site or service, intentionally or otherwise, we have the right to permanently or temporarily suspend your access to the site, at our sole discretion, and to pursue legal and other remedies to the full extent of the law.

INDEMNIFICATION

Upon a request by ATPTrucks, you agree to defend, indemnify, and hold ATPTrucks and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ATPTrucks with respect to this site and supersedes all prior or contemporaneous communications between you and ATPTrucks with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Idaho, USA. You hereby consent to binding arbitration in the State of Idaho, USA to resolve any disputes arising under this Terms of Use.

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