Privacy Policy

General

This Privacy Policy, together with the Terms of Use (please check if this is applicable) above, sets forth the general rules and policies governing your use of the Peak Offroad, as well as other transactions with us, such as in connection with our payment of contingency award claims. This Privacy Policy is the sole statement with respect to our privacy practices. Depending on your activities when visiting our website, or the circumstances of your transactions with us, you may be required to agree to additional terms and conditions.

We generally keep this Privacy Policy posted on our website and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. WHEN YOU ACCESS OUR WEBSITE, OR OTHERWISE TRANSACT BUSINESS WITH US, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE AND CEASE TRANSACTING BUSINESS WITH US.

Collection and use of information

We collect two kinds of information: (a) information that can be used to identify or contact a single person; and (b) information that does not personally identify a single person, which we automatically collect when people visit our website or that you provide us.

Personally Identifiable Information

As a general policy, we do not automatically collect personally identifiable information when you visit our website. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion, purchase or some other aspect of our website. Peak Offroad may share this personal information with its affiliates and use it consistent with this Privacy Policy. Peak Offroad and its affiliates may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in some cases we will not be able to provide you with our products or services or respond to any queries you may have.

Below are some examples of the types of personal information Peak Offroad may collect and how we may use it:

  • You may provide your name, mail/shipping address, email address, contact preferences, credit card number and phone number (or someone else’s name, address, e-mail, or phone number when buying and sending product to them) when, for example, using our online store or in connection with a contest entry.
  • You may provide certain demographic information about yourself (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a forum.
  • You may post a general comment or recommendation on our website.

Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, receive a benefit we may offer, or gain access to certain content on our website.

In the case of contingency award claims, we are required to collect your Social Security or Federal tax ID number and to obtain a completed Form W-9 (please check if the above is applicable). We use this information to process your request, order or award, and to contact you with any questions about your request, order, or award. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email.

Peak Offroad will use your personal information as necessary to process your transactions with us. We may use your personal information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or upcoming events, or to communicate with you about content or other information you have posted or shared with us via our website. You may "opt out" of receiving future commercial and promotional email communications from us by clicking the "unsubscribe" link included at the bottom of most emails we send, or, if you have an account with us, updating your preferences; provided, however, we reserve the right to send you transactional emails such as customer service communications.

We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Peak Offroad's products, services, and customer communications.

If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

Non-personally Identifiable Information

We consider non-personally identifiable information to be any information that does not personally identify you. Non-personally identifiable information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personally identifiable information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personally identifiable information from you when you access our website. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the domain name of your Internet service provider (e.g., America Online, NetZero, etc.), the search terms you use on our website, the specific web pages you visit, and the duration of your visits.

Disclosure to third parties

Peak Offroad may from time to time make certain personal information available to strategic partners that work with Peak Offroad to provide products and services, or that help Peak Offroad market to customers. None of your personal information, including e-mail address, however, will be sold to any other company; except, in the event of a reorganization, merger, sale or bankruptcy we may sell or otherwise transfer any and all personal information we collect to the relevant third-party or third-parties.

Peak Offroad reserves the right to disclose any personal information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our website, or other users; or (d) in an emergency to protect the health and safety of our website's users or the general public.

Cookies and other information

We utilize cookie technology to store information on your computer system. This information does not contain any identifying or personal information about our customers. The information that is stored helps us identify what products we need to show you and what pages you have been to in our site. We collect information to monitor traffic patterns and site usage to help us improve the design and effectiveness of our site. This data does not contain any identifying personal information about our customers.

Public forums

We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our website can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personally identifiable information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.

Children

The features, programs, promotions and other aspects of our website requiring the submission of personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at the address set forth below. A parent or guardian of a child under the age of 13 may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof.

Keeping your information secure

We maintain reasonable and appropriate security measures to protect your electronic personal information stored on our systems. We do not store your credit card information on our system; it is only used to process your transaction. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

Links to other sites

Our website may contain links to other automotive-interest sites to help provide useful information to our customers. These sites may require you to input information for their data collection purposes. These sites should have separate privacy and data collection practices, independent of our practices. We have no responsibility or liability for these independent policies or actions and is not responsible for the privacy practice or the content of such websites.

Changes to this policy

Peak Offroad reserve the right to change, update, or modify this Privacy Policy at any time. All changes and updates will be reflected on this page and it is your responsibility to review this page from time to time and to be aware of any changes to the Privacy Policy.

Terms of Use

Any person accessing this site agrees to the following:

Before using this website or submitting any materials to the Peak Offroad, ("we," "us," or "[Abbreviation of the Business name]") website, read the following Terms of Use ("Terms of Use") carefully. Your use of the Peak Offroad constitutes your acceptance of all of these Terms of Use.

Peak Offroad reserves the right, at any time, to modify, alter, or update these Terms of Use at any time without prior notice. Please check this website prior to each use for any changes or updates to these Terms of Use. You agree that each visit you make to this site shall be subject to the then-current Terms of Use.

All website design, text, graphics, interfaces, and the selection and arrangement thereof and other materials and content on the Peak Offroad are the copyrighted property of Peak Offroad and its affiliated companies or licensors. "[Trademark(s) of the business]" and all titles, names and graphics are trademarks of Peak Offroad or its program suppliers.

You may view and download material from this website for personal and/or promotional commercial use if you are a direct or indirect customer of Peak Offroad, its affiliates, agents and related entities and provided you do not remove any trademark, copyright, or other notice contained in such materials. You may not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not create scandalous, obscene or immoral works using photographic and artistic images from the website nor distribute or sell the images as another image library or product. You also may not use the images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or service or violates any property, privacy or other rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Peak Offroad. Any rights not expressly granted herein are reserved.

Those who choose to access this website from any and all locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

You may not use language or place any images, text, material, or information that is harmful, threatening, abusive, vulgar, discourteous, obscene, pornographic, profane, defamatory, infringing, indecent, harassing, or otherwise criminal in nature. You also may not post or transmit or place any images, text, material, or information that would violate rights of any third party, including property or privacy rights, or which contain a harmful component that could damage, disable, overburden, or impair the website or restrict, inhibit, or otherwise interfere with another party's use and enjoyment of the website or any services provided thereunder, including, but not limited to, uploading files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or program that may interrupt, limit or damage the operation of another's computer or property.

Peak Offroad is not responsible for material submitted to Peak Offroad or posted in chat-rooms or on bulletin boards by website users. For any materials submitted by you to the Peak Offroad, you represent and warrant that you own or otherwise control all of the rights to such materials, that they do not violate these Terms of Use, and that they will not cause injury to any person or entity. You grant Peak Offroad, its affiliates, agents, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all images, text, and materials provided to Peak Offroad, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Peak Offroad to include the images, text, and materials you provide in a searchable format that may be accessed by users of Peak Offroad's website and other websites. You further grant Peak Offroad, its affiliates, agents and related entities permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose, commercial, public or otherwise. All rights in this paragraph are granted in consideration of use of Peak Offroad's website, and services therein, without the need for additional compensation of any sort to you.

It is your responsibility to adhere to all applicable copyright, trademark, patent, intellectual property, and other laws that may apply to the images, text, and material submitted by you to the Peak Offroad. Peak Offroad, its affiliates, agents and related entities will not be liable for any disputes regarding ownership of images, text, material, or any other proprietary information. Peak Offroad, its affiliates, agents and related entities disclaim any and all liability and losses arising from, but not limited to: access, delay or interruptions, Internet outages, disruptions caused by acts of God, disruptions caused by mechanical failure, disruption resulting from an interruption of your ISP service or internet connection, disruptions resulting from your personal computer settings, security settings, and email settings, disruptions from viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may interrupt, limit or damage the operation of a website, or disruptions or failures of any kind arising from incompatible technologies.

Peak Offroad reserves the right to review at any time and to delete any submitted images, text, material or information, in whole or in part, that may be deemed inappropriate or appear to be in violation of these Terms of Use. Peak Offroad makes such determinations at its sole discretion.

As a courtesy to you, Peak Offroad's site may offer links to other websites. Some of these sites may be affiliated with Peak Offroad, while others are not. Peak Offroad is not responsible for the contents of any website pages created and maintained by organizations independent of Peak Offroad. Visiting any such third-party website pages is at your own risk. Peak Offroad has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Peak Offroad. No authorization or permission is given for framing or linking to any pages of this site or any of its content, whether in whole or in part.

THE Peak Offroad AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Peak Offroad, ITS AFFILIATES, AGENTS AND RELATED ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES , EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Peak Offroad, ITS AFFILIATES, AGENTS AND RELATED ENTITIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE OR RELIABLE OR THAT THE WEBSITE WILL BE FREE OF ERRORS.

You agree that Peak Offroad, its affiliates, agents and related entities will not be responsible for unauthorized access to or alteration to your transmissions, data, or submission of materials or for submissions to the website (for example, to Virtual Show and Shine) in your name, whether submitted by you or not.

IN NO EVENT WILL Peak Offroad, ITS AFFILIATES, AGENTS AND RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR PERFORMANCE OF THE Peak Offroad OR ANY RELATED SERVICES, (B) THE DELAY OR INABILITY TO USE THE Peak Offroad OR RELATED SERVICES OR TO SUBMIT MATERIALS ON THIS WEBSITE OR (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE Peak Offroad OR OTHERWISE ARISING OUT OF THE USE OF THE Peak Offroad, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

You agree to indemnify, defend and hold harmless Peak Offroad, its affiliates, agents and related entities harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to any claim that resulting from any violation of these Terms of Use, or any activity relating to use of the Peak Offroad, any materials you submit, or violations of any rights of another by you.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of the Peak Offroad and destroying all materials obtained from it. See Peak Offroad's Privacy Policy for disclosures relating to the collection and use of your information.

You must be at least 18 years of age to submit images, text, or materials to Peak Offroad. Violation of these Terms of Use may result in termination of services and removal of any material submitted by you, without notification, and the possibility of civil/criminal damages as applicable by law.

Use of Peak Offroad's website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. You hereby agree that any cause of action that you may have with respect to Peak Offroad, its affiliates, agents and related entities or the Peak Offroad must be filed in [applicable judiciary entity] located in [address of the judiciary entity] within one year of the time in which the events giving rise to the claim began, or you agree to waive such claim. You hereby consent to such venue and to the jurisdiction of such courts and to extraterritorial service of process. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to the terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Peak Offroad, its affiliates, agents and related entities regarding Peak Offroad's website. The failure of Peak Offroad, its affiliates, agents and related entities to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance, resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

Limited Warranty

Your Peak Offroad product is covered by the Limited Warranty explained below that gives you specific legal rights. This limited warranty is the only warranty [Warrantor] (hereafter "[Abbrvt.]" - the distributor/warrantor of these products) makes in connection with your purchase. [Abbrvt.] neither assumes nor authorizes any vendor, retailer or other person or entity to assume for it any other obligation or liability in connection with its products or this Limited Warranty.

What is covered?

Subject to the terms, exclusions and limitations herein [Warrantor] warrants to the initial retail purchaser ("purchaser") only that when installed and used on purchaser's vehicle according to supplied product installation instructions, OE vehicle installation instructions, and/or warnings. The Peak Offroad product shall be free of defects in material and workmanship for NINETY (90 days) as measured from the date of initial retail purchase. This Limited Warranty is not transferable.

ALL OTHER EXPRESS OR IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Your warrantor for these parts is [Warrantor], [Address]. [Warrantor] reserves the right to: (a.) require proof of purchase as a condition of this Limited Warranty-please use warranty registration card; (b.) make future revisions to this product or its Limited Warranty without obligation to conform existing product or provide purchaser with prior notice.

What is not covered?

Your Peak Offroad Limited Warranty does not cover damage or claims to any component, vehicle or person other than the Peak Offroad product purchased. Your Limited Warranty does not cover damage or claims to any component, vehicle or person Peak Offroad determines to have been damaged by or subjected to:

  • Installation or use not in accordance with Peak Offroad instructions or warnings, OEM installation and maintenance instructions, or accepted ASE guidelines.
  • Damage in any part attributable to vehicle systems or components (including electronic stability control) or combination with non-Peak Offroad products.
  • Normal wear and tear/product deterioration.
  • Accidents, theft, vandalism or other negligent or intentional damage.

Remedy Limited to Repair/Replacement

The exclusive remedy provided for product covered under this Limited Warranty shall be, upon [Warrantor]'s inspection and option, either repair or replacement (with Peak Offroad parts) of the defective part. Any parts repaired or replaced will be considered part of the original product and will not extend the term of Limited Warranty. Customers requesting warranty consideration should first contact [Warrantor] customer service (Phone#) to obtain a Returned Merchandise Authorization (RMA) number. All removal, shipping and installation costs are customer's responsibility.

Other Limitations - Exclusion of Damages

Your Rights Under Law:

In consideration of the purchase price paid, neither [Warrantor] nor any independent distributor are responsible for any loss of use or time, rental costs, or for any incidental, consequential, punitive or other damages (whether arising in tort, contract or otherwise) you may have or incur in connection with your vehicle, or your Peak Offroad product. Your exclusive remedy hereunder is at [Warrantor]'s option repair or replacement as described above.

This Limited Warranty gives you specific rights. You may also have other rights that vary from state to state. For example, while all implied warranties are disclaimed herein, any implied warranty required by law is limited to the duration and other enforceable terms of Limited Warranty described above. Some states do not allow limitations of how long an implied warranty lasts and /or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations and exclusions herein may not apply to you.

Terms Of Service

OVERVIEW

This website is operated by Peak Offroad Throughout the site, the terms “we”, “us” and “our” refer to Peak Offroad. Peak Offroad offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Peak Offroad, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Peak Offroad and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Canada and the British Columbia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service, visit our Peak Offroad contact page

Return Policy - Merchandise Return Policy

All shipments are shipped FOB Shipping Point. Once the package leaves our dock, it becomes the responsibility of the customer, NOT Peak Offroad.

SECTION 1 - NEW PRODUCT RETURNS

Product must be in original unopened condition.

Return Merchandise Authorization (RMA) Numbers must be requested within 90 days from the original invoice date.

Return Merchandise Authorization (RMA) Numbers will expire after 60 days of issue date.

Customers may return a product purchased from Peak Offroad up to 90 days from the original invoice date. The item must be returned in “NEW” condition in the original packaging. Any product that isn’t returned in original unopened condition will be subject to applicable fees. A Return Merchandise Authorization (RMA) request form must be filled out completely and submitted for approval before an RMA Number can be issued. The RMA Number is subject to the limitations and procedures set forth below. Return authorizations (RMA Numbers) will expire 60 days after the date of issue.

Please contact contact us at Peak Offroad contact page for assistance with International Returns. These returns will be handled on an individual basis and credit is not guaranteed.

SECTION 2 - NON-REFUNDABLE PRODUCTS

Special order items

Items that have been installed, mounted, welded, or altered in any way

Items purchased from our “Scratch and Dent” inventory

Discontinued products

Electronic tuners that are VIN Locked

SECTION 3 - SHIPPING ERRORS

Carefully inspect all shipments upon receipt to verify items received and quantities.

Contact Customer Service at Peak Offroad contact page if there are any discrepancies. Please have your Sales Order Number ready.

Shipping errors must be reported within 5 business days of receipt of the package.

If you have received fewer items than the quantity ordered or a different item from the one ordered, contact us at Peak Offroad contact page and speak to a Peak Offroad Customer Service Representative. If an incorrect item is sent a return label will be issued so that the item can be returned. The correct item will be shipped and/or a credit will be issued.

SECTION 4 - RETURN OF DEFECTIVE ITEMS/WARRANTY

Defective- Items that do not function correctly or are flawed in a material way at the time of receipt are considered defective.

Warranty- Items that stop working after installation can be considered for warranty.

Warranties and repairs are handled by the manufacture not Peak Offroad.

Manufacture warranty information is available on manufacture web sites and may vary.

Warranty Credits are not guaranteed and may vary depending on the manufacture.

The manufacturer may require you to work directly with them to authorize the return of defective or warranty items. We can help customers in obtaining the information from the manufactures for the return of defective or warranty items. However Premier may not always be able to accept the return directly.

SECTION 5 - PARTS DAMAGED IN SHIPPING

Credit for damaged packages is dependent on carrier claim results.

Expedited shipping is at the customer’s expense for replacement of damaged items.

Small Package/ UPS, FedEx OnTrac and USPS

For damaged shipments, contact us at Peak Offroad contact page for a Peak Offroad Customer Service Representative within 5 business days. We will handle the claim on your behalf.

Shipping companies require the original packing for inspection. It is the customers’ responsibility to keep original packaging.

LTL Truck Shipment

Inspect all products for damage and confirm product quantity at time of receipt. If LTL shipment is damaged refuse receipt. Signature of receipt is confirmation that product is received in good condition. Notify a Peak Offroad Customer Service Representative at our Peak Offroad contact page within 24 hours if you refuse LTL shipment due to damage.

If LTL shipment is damaged in transit replacement of product is subject to availability.

SECTION 6 - ELECTRONTICS

Electronic products are not returnable, with the exception of unopened items within 90 days and items received in damaged or defective condition.

An RMA will not be given without a serial number. Serial numbers will be cross referenced with and must match our database. If they do not match, an RMA Number will not be issued.

When retuned item is received, the serial number will be checked and must match the RMA for credit to be issued.

SECTION 7 - UNAUTHORIZED RETURNS

Items returned to Peak Offroad without a valid RMA number will not be processed.

If an unauthorized return is received we will hold it for 5 business days during which time we will attempt to contact the customer to provide the option of shipping the products back at the customer’s expense or disposing of the product without credit.

Peak Offroad is not responsible for unauthorized return charges including freight or applicable disposal charges.

SECTION 8 - RETURN INSTRUCTIONS

Carefully box the item(s) being returned

The RMA Number MUST be clearly written on the shipping label

Place the RMA Form inside the box IF the package has already been opened. If the box has not already been opened DO NOT open it.

Ship only items that are authorized

Ship to the Return Address provided

Return labels are available for an additional cost upon request

Keep a copy of your tracking number for proof of delivery in case of the event that it is needed

*Disclaimer: Freight Collect Shipments will be refused by Peak Offroad. Returned items damaged due to inadequate packing by the customer will be subject to an additional 15% handling fee or loss of credit. Peak Offroad is not responsible for damaged or lost shipments.

SECTION 9 - CREDITS

Credits will be issued upon inspection and approval of the returned items.

Credit will reflect any applicable fees or adjustments.

Allow up to 10 business days from the date we receive the returned product to process the RMA and issue the appropriate credit.

Trademark Disclaimer

SECTION 1 - OVERVIEW

All third party trademarks referenced by Peak Offroad whether in logo form, name form or product form, or otherwise remain the property of their respective holders, and are used by us only to refer to the contextual use on the website.

Our use of these trademarks in no way indicates any relationship between Peak Offroad, and the holders of these trademarks. Rather, any usage of third party trademarks by us is to refer to such products is considered nominative fair use under trademark law.

Peak Offroad provides various automotive products that is licensed by us under both free community and paid license pricing models.

Peak Offroad is not involved in any way in the creation or production of the third party products that which competes with any listed trademark herein. No support, assistance, or warranty will be provided by these trademarks of products' referenced herein or to the original authors.

The distribution of our products in accordance with free community and paid licenses is in no way sponsored or endorsed by the products' original authors, copyright holders, or any other third parties.

Any usage of these terms anywhere on the Peak Offroad website is done so simply to indicate compatibility therewith.

The description of the capabilities of our technology does not indicate any endorsement or affiliation with these companies.

SECTION 2 - CONTACT US

If there are any questions regarding this third party trademark disclaimer you may contact us by visiting our Peak Offroad contact page.

RMA Request

IMPORTANT: Please provide as much of the information below as possible to ensure the fastest response. The RMA department will be contacting you with information on your return. All returning items need to have an RMA number on the outside of the box. Please return authorized items to the address below:


Shipping

Peak Offroad Performance exclusively ships via UPS on all orders considered non truck freight.  Peak Offroad Performance will only ship to the fifty U.S states and Canada which excludes all other international destinations. In the event that you, the customer, places an order to an International address not listed above, Peak Offroad Performance reserves the right to cancel your order and issue a full refund.

When will my product be shipped out?

Products typically will be shipped out by the next business day.  However, if the product needs to ship direct from the manufacturer or if the product is out-of-stock, MDP will send an order status update with the products ETA by the next business day.  If you need immediate availability please use our "Live Help" [AJ1] feature or email us at info@peakoffroad.com

How long will it take to receive my product?

If the product is in stock most orders are received within 3-6 business days depending on your location. Non-stock, special order and out of stock items may take 1-2 weeks to be received.

Sezzle

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