Thank you for visiting Factory UTV. We are committed to protecting your privacy while providing you with a pleasurable online shopping experience. Factory UTV makes every effort to protect the security of your personal information. We believe you have the right to know what information is collected by this web site and how this information may be used. We DO NOT sell or share your private information with anyone.
Collection and Use of Information
When you visit Factory UTV and place an order or contact us via email, certain information is or may be collected. Among the types of information that may be collected are the following:
Domain names of visitors to our site;
If you place an order or contact us, your name, address and whatever credit card information you provide in connection with your purchase;
“Navigational Information” regarding the traffic patterns of our web site, including the number of visits to a particular page and user-specific information on which pages a guest visits, average length of time spent on the site and similar site usage data; and
Any information you choose to submit via email messages, surveys, contests or other similar activities.
We use this information in order to manage and improve our online store in an on-going effort to provide you with the best shopping experience possible. Information on traffic patterns and the number of page visits help us to develop and improve our site layout. Of course, we also use information such as your name, email address and credit card information to contact you, respond to your inquiries and to process, deliver and receive payment for your purchases. We may use such information to notify you of services, special offers, new products and other services that we believe may be of interest to you, or to notify you of important new changes in our website. Information such as this will be sent to you via our newsletter ONLY if you choose to receive it.
Factory UTV makes every effort to protect the security of your personal information. Our web site is hosted on secure servers and utilizes SSL secure server software. Any personal information you provide is encrypted so that no one can read it while it is being transmitted over the Internet. Any information collected by us is stored in private files and protected from unauthorized access by outside users.
Terms & Conditions of Use
Please read these conditions carefully before using the Factory UTV web site. By using the web site, you signify your agreement to be bound by these conditions.
This web site is owned and provided by Factory UTV. Please understand that all services provided by Factory UTV through this web site, including the sale of any products, are provided subject to the following terms and conditions. BY USING THIS WEB SITE, WHETHER BY PURCHASING ANY PRODUCTS FROM OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a violation of any of these terms and conditions, FACTORY UTV reserves the right to deny future access to the web site and to seek all remedies available at law and in equity.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of the website. Factory UTV reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Products and Prices
Without limiting the generality of the following section (Subject to Change), the price and availability of any products contained or referenced on this web site is subject to change at any time and without notice. As noted elsewhere herein, Factory UTV is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item.
Prices are at all times subject to availability and nothing herein shall constitute an “offer to sell.” We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. The receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell.
Trademarks, Copyright, etc.
This web site is owned and operated by Factory UTV. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the “Materials”), is the property of Factory UTV and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of Soy Candle Treasures and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any Materials or other content from this web site without the prior written consent of Factory UTV. Without in any way limiting the foregoing, you agree not to use the web site or any Materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to Factory UTV or its business.
Subject to Change
Factory UTV reserves the right to make changes or modifications to this web site or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. You should review these terms and Conditions frequently, as your use of the web site following any changes to these Terms and Conditions shall constitute your acceptance of and agreement to be bound by the revised terms and Conditions whether or not you have actually reviewed them. Factory UTV may in its sole discretion terminate, suspend or discontinue any aspect of the web site, including the availability of any features or products, at any time and without notice or liability. Factory UTV may also restrict your access to all or any portion of the web site without notice or liability.
This web site is created, controlled and maintained by Factory UTV in the State of California. Accordingly, the laws of the State of California shall in all events govern any disputes relating to this web site, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. Factory UTV makes no representations as to the compliance of the web site or its terms and conditions with any applicable law. If you choose to access the web site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. You may not use the web site in violation of U.S. export laws.
By using this web site, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of California and agree that it shall serve as the sole and exclusive venue for any disputes relating to this web site. Any claim or cause of action brought by you with respect to matters related to the web site, including these terms and conditions, must be brought in a state or federal court located in the State of California and must be commenced no later than one year after the claim arises.
If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this web site and may only be modified by a writing signed by both parties.
Third Party Sites
As a convenience to you, and for informational purposes only, Factory UTV may from time to time provide links to web sites operated by other entities unrelated to Factory UTV. If you use any such link, you acknowledge that you will be leaving this web site to visit another. If you decide to visit any linked site, you do so at your own risk. Factory UTV expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that Factory UTV endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and Factory UTV expressly disclaims any such endorsement.
Disclaimer of Warranties
THIS WEB SITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FACTORY UTV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
Without limiting the generality of the foregoing, this web site and the Materials contained herein may contain inaccuracies and typographical errors. Factory UTV does not warrant the accuracy or the completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this web site. Any reliance on any of the foregoing shall be at your sole risk.
Disclaimer of Liability
IN NO EVENT SHALL FACTORY UTV, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB SITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF FACTORY UTV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.