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Terms and Conditions of Use:
The Norcal Truck Web site at www.norcaltruck.com (the "Site") is a copyrighted work belonging to Norcal Truck, Inc. ("Norcal Truck"). Norcal Truck grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
License:
Subject to these Terms of Use, Norcal Truck grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Norcal Truck server. You are not granted any right to use Norcal Truck trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Norcal Truck.
Modification:
Norcal Truck reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Norcal Truck will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Secured Areas:
Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
Mailings:
By submitting your name, e-mail address, and any other personal information to Norcal Truck, you hereby grant Norcal Truck, subject to the Norcal Truck Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Norcal Truck products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.
Submissions:
All remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to Norcal Truck through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of Norcal Truck. Unless otherwise specified in our Privacy Policy, Norcal Truck will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Norcal Truck services or operations. Without limitation, Norcal Truck will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Norcal Truck, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
Site Use Rules:
Our Site may only be used for lawful purposes. Norcal Truck specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
1. Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
2. Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
3. Deleting or revising any material posted by any other person or entity;
4. If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
5. Harming minors in any way;
6. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
7. Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.
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We do not knowingly collect identifiable information from anyone under thirteen years of age.
Registration and Passwords:
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.
Accuracy of Content and Pricing Information:
Because prices, product descriptions and availability can change quickly, Norcal Truck does not warrant the accuracy or completeness of the information provided on the Site. Also, Norcal Truck may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Norcal Truck or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Norcal Truck and receive a refund
(please see shipping page for Return Requirements) of your purchase price.
Items in your shopping cart will reflect the most recent price displayed on the items product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Norcal Truck will take one of the following options: (1) If an items correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an items correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.
For shipping, cancellation, and other ordering questions, please refer to our
Shipping & Returns page.
Limited Quantities:
Some products, including those identified as Hot Buys, Closeouts, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.
Disclaimer & Limitation of Liability as To the Products Sold:
Except as expressly stated herein, Nor Cal Truck makes no representations or warranties, either express or implied, of any kind with respect to products sold on the www.norcaltruck.com website. Except as expressly stated herein, Nor Cal Truck expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Nor Cal Truck arising from any product sold on the www.norcaltruck.com website shall be the price of the product ordered. In no event shall Nor Cal Truck, its directors, officers, employees or other representatives be held liable for special, indirect, consequential, or punitive damages related to product sold
Disclaimer & Limitation of Liability as To Our Website:
The www.norcaltruck.com web site and the materials therein are provided "as is". Nor Cal Truck makes no representations or warranties, either express or implied, of any kind with respect to the www.norcaltruck.com website, their operations, contents, information, or materials. Nor Cal Truck expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Nor Cal Truck, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the www.norcaltruck.com website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Copyright:
The Site and the Materials are copyrighted works of Norcal Truck and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Norcal Truck.
Amendment:
Norcal Truck may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Notice:
If you have any questions about these Terms of Use or our Privacy Policy, you may contact Norcal Truck at:
Norcal Truck
4019 First Street, #7
Livermore, Ca. 94550
925-447-7800
General:
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of
California as those laws are applied to contracts entered into and to be performed entirely in
California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in
Alameda County, California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
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