POLICIES

TERMS & CONDITIONS

TERMS OF USE

Welcome to the website of Fly Offroad, LLC (“Fly Offroad”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website www.flyoffroad.com, including any content, functionality and service offered on or through www.flyoffroad.com (the “Website”) as a registered user or unregistered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States, any of its territories or possessions, or Canada. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Fly Offroad and meet all of the foregoing eligibility requirements. If you do not meet all of the requirements, you must not access or use the Website.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. You should therefore periodically review these Terms of Use to review any changes that may have been made. Any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

YOU ARE RESPONSIBLE FOR:

• Make all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat your user name, password or any other information as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and you should confirm that the software on any such computer is not configured to automatically capture or save your login information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

PERMITTED USE AND INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fly Offroad, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

THESE TERMS OF USE PERMIT YOU TO USE THE WEBSITE FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. YOU MUST NOT REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPUBLISH, DOWNLOAD, STORE OR TRANSMIT ANY OF THE MATERIAL ON OUR WEBSITE, EXCEPT AS FOLLOWS:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 YOU MUST NOT:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Fly Offroad. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS

The term Fly Offroad and all related names, logos, product and service names, designs and slogans are trademarks of Fly Offroad, its affiliates, subsidiaries, parents or its licensors. You must not use such marks without the prior written permission of Fly Offroad. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

COPYRIGHT

All right, interest, title, and copyrights in and to the Website and any accompanying documentation are owned and/or controlled by us or our licensors. The Website is protected by copyright law and international treaty provisions. Unauthorized copying, reproduction, distribution, or modification of the Website or any portion of the Website is strictly prohibited and may result in civil and criminal penalties.

PROHIBITED USES

YOU MAY USE THE WEBSITE ONLY FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH THESE TERMS OF USE. YOU AGREE NOT TO USE THE WEBSITE:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Fly Offroad, a Fly Offroad employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Fly Offroad or users of the Website or expose them to liability.

 ADDITIONALLY, YOU AGREE NOT TO:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

 USER CONTRIBUTIONS

The Website may contain forums for commenting on or reviewing products, message boards, personal profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates, subsidiaries, parents and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

YOU REPRESENT AND WARRANT THAT:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, subsidiaries, parents and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Fly Offroad, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@flyoffroad.com or write us at: Fly Offroad, 4012 W Lindbergh Way, Chandler AZ 85226

See Fly Offroad Privacy Policy for further information

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

WE TAKE CLAIMS OF COPYRIGHT INFRINGEMENT SERIOUSLY. WE WILL RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAW. IF YOU BELIEVE ANY MATERIALS ACCESSIBLE ON OR FROM THIS WEBSITE INFRINGE YOUR COPYRIGHT, YOU MAY REQUEST REMOVAL OF THOSE MATERIALS (OR ACCESS TO THEM) FROM THE WEBSITE BY SUBMITTING WRITTEN NOTIFICATION TO OUR COPYRIGHT AGENT (DESIGNATED BELOW). IN ACCORDANCE WITH THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT OF THE DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. § 512) (“DMCA”), THE WRITTEN NOTICE (THE “DMCA NOTICE”) MUST INCLUDE SUBSTANTIALLY THE FOLLOWING:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 Our designated Copyright Agent to receive DMCA Notices is:

Fly Offroad Management

4012 W Lindbergh Way

Chandler, AZ 85226

480-646-8997

info@flyoffroad.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

IF YOU BELIEVE THAT MATERIAL YOU POSTED ON THE WEBSITE WAS REMOVED OR ACCESS TO IT WAS DISABLED BY MISTAKE OR MISIDENTIFICATION, YOU MAY FILE A COUNTER-NOTIFICATION WITH US (A “COUNTER-NOTICE”) BY SUBMITTING WRITTEN NOTIFICATION TO OUR COPYRIGHT AGENT (IDENTIFIED BELOW). PURSUANT TO THE DMCA, THE COUNTER-NOTICE MUST INCLUDE SUBSTANTIALLY THE FOLLOWING:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Completed Counter-Notices should be sent to:

Fly Offroad Management

4012 W Lindbergh Way

Chandler, AZ 85226

480-646-8997

info@flyoffroad.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fly Offroad, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fly Offroad. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

MONITORING AND ENFORCEMENT; TERMINATION

WE HAVE THE RIGHT TO:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Fly Offroad.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS FLY OFFROAD AND ITS AFFILIATES, SUBSIDIARIES, PARENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARD

THESE CONTENT STANDARDS APPLY TO ANY AND ALL USER CONTRIBUTIONS AND USE OF INTERACTIVE SERVICES. USER CONTRIBUTIONS MUST IN THEIR ENTIRETY COMPLY WITH ALL APPLICABLE FEDERAL, STATE, LOCAL AND INTERNATIONAL LAWS AND REGULATIONS. WITHOUT LIMITING THE FOREGOING, USER CONTRIBUTIONS MUST NOT:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

UNSOLICITED INFORMATION YOU PROVIDE TO US

If you provide to Fly Offroad unsolicited information such as ideas for new products, processes, new advertising campaigns, new promotional activities, marketing plans or new product names, be advised that Fly Offroad has no obligation to treat the unsolicited information as confidential or proprietary. By providing unsolicited information to us, you agree to allow us to use such information on an unrestricted basis, including for, but not limited to, advertisement purposes.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our Website or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you are governed by our Terms & Conditions of Sale, which are available on our web site. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

LINKS FROM THE WEBSITE

The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, if any. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

THIS WEBSITE MAY PROVIDE CERTAIN SOCIAL MEDIA FEATURES THAT ENABLE YOU TO:

• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

YOU MAY USE THESE FEATURES SOLELY AS THEY ARE PROVIDED BY US, AND SOLELY WITH RESPECT TO THE CONTENT THEY ARE DISPLAYED WITH AND OTHERWISE IN ACCORDANCE WITH ANY ADDITIONAL TERMS AND CONDITIONS WE PROVIDE WITH RESPECT TO SUCH FEATURES. SUBJECT TO THE FOREGOING, YOU MUST NOT:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

This website may contain references to particular Fly Offroad products and services that may not be readily available outside of the United States and Canada. Any such reference does not imply that Fly Offroad intends to market such products or services in any particular country.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLY OFFROAD NOR ANY PERSON ASSOCIATED WITH FLY OFFROAD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FLY OFFROAD NOR ANYONE ASSOCIATED WITH FLY OFFROAD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FLY OFFROAD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL FLY OFFROAD, ITS AFFILIATES, SUBSIDIARIES, PARENTS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Fly Offroad, its affiliates, subsidiaries, parents, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona in each case located in the City of Phoenix and County of Maricopa (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by Fly Offroad of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fly Offroad to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

TERMS OF SALE

By purchasing any item sold by Fly Offroad, the buyer expressly warrants that he/she is in compliance with all applicable Federal, State, and Local laws and regulations regarding the purchase, ownership, and use of the item. It shall be the buyers responsibility to comply with all Federal, State and Local laws governing the sales of any items listed, illustrated or sold. The buyer expressly agrees to indemnify and hold harmless Fly Offroad for all claims resulting directly or indirectly from the purchase, ownership, or use of the items.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy (including CCPA Policy, GDPR Policy & Cookie Policy) and Terms of Sale (including Shipping Policy, Warranty Policy, Returns Policy & Refunds Policy) constitute the sole and entire agreement between you and Fly Offroad, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

SHIPPING POLICIES

• The majority of in-stock products are shipped within 48 hours. A tracking number will be provided once the order has been processed and shipped.
• Out of stock products will have an estimated shipping date on the product page which may be subject to change.
• Unless otherwise chosen all orders ship via ground transportation.
• Orders over $1000 and products identified with a “Ships Free” badge also qualify for free shipping. Free shipping only applies to ground transportation deliveries within the continental United States.
• Some oversized items may need to ship by truck freight.
• The shipping cost is calculated at checkout but is not always accurate due to the size and weights of some products. In the event of any alterations to your shipping total we will contact you and place your order on hold pending approval of the charges.
• Priority shipping methods (Next Day, 2 Day, 3 Day) indicate transit time after the package has been picked up by the carrier and does not include processing time.
• If your product(s) is damaged in transit notify the shipping carrier and Fly Offroad immediately.
• If your order is incorrect notify Fly Offroad immediately.
• Orders shipped to Canada, or other countries outside of the United States, may be subject to tariffs, customs duties, and other fees including import duties, brokerage fees, value added taxes, and customs clearance fees. These costs are the responsibility of the customer and are not included in Fly Offroad’s quoted shipping fees.

RETURN POLICY

RETURN POLICY & PROCESS STEPS

RETURNS MADE EASY:

Step 1: Complete an RMA (Return Merchandize Authorization) Request form available at www.flyoffroad.com/return-merchandize-authorization

Step 2: Receive via email an RMA (Return Merchandize Authorization) number to write on the box.

Step 3: Send your return item back to the location that we specify.

Step 4: As soon as the returning product is received at our warehouse we process the refund of your money.

* Note: Warranty Claims may on occasion, where feasible, be resolved without returning the actual product.  When completing the Return Merchandize Authorization request form, please provide specific warranty claim information and sufficient photograph(s) to substantiate the claim.  Fly Offroad will review your request, will request further information as appropriate, or where feasible disposition the claim based upon the information provided.  

HOW DO I RETURN MY ITEM?

You have 30 days to return a non-warranty claim product. Fly Offroad will issue an RMA number to return product(s). Product(s) returned without a Fly Offroad issued RMA number clearly marked on the outside of the box will not be accepted at the warehouse. Customers must adhere to the return policy in order for a product to be returned.

So how does it work? It’s pretty easy…

Please visit www.flyoffroad.com/return-merchandize-authorization to complete the RMA Request form.  An RMA number will be sent to your email within 1-3 business days.  Once you receive your RMA number, clearly label the return package with this number. Without an RMA number, the warehouse does not know what product is being returned and by whom. Customers are responsible for return shipping charges.

No returns are allowed on add to stocks, special orders, discontinued items, or painted products. Customer is responsible for return shipping on returned items. Pay close attention to your order upon delivery. Please check for damages to your product when accepting your order. Customers are responsible for using existing packaging or re-packing your return. Please contact us at info@flyoffroad.com for more information.

RMA Conditions:

1. Non-Warranty Returns: Products must have been purchased within 30 days and with a good invoice number.
2. Warranty Returns: Refer to above and the Conditions of Sale document.
3. RMA Request form must be accurately completed.
4. An accurate explanation of the warranty problem must be defined, with photographs as necessary.
5. Part Numbers, Invoice Numbers, Part Description, RMA Number, etc. must match

Fly Offroad reserves the right to refuse credit per, but not limited to the following conditions:

1. Items returned for non-warranty issues.
2. Improper RMA
3. Product instructions directs customers to deal directly with Manufacturer.
4. Manufacturer’s Warranty policies may take precedent on issuing credits.
5. Products returned missing parts.
6. Flyoffroad.com is not responsible for return shipping charges when customer is at fault or changes their mind.
7. The customer is responsible for shipping charges if the incorrect part number is ordered.

What if a customer orders an incorrect part or is dissatisfied with either the part or delivery.

If a customer orders the wrong part, or is dissatisfied with the product (Color, Texture, Appearance), or logistic services (Transit or Delivery Times), or for ANY reason, the customer is responsible for the following:
1) The customer is responsible for the cost of return shipping
2) The customer is responsible for any restocking fees that apply
3) The original cost of shipping will be deducted from the total amount of the refund.

Why is this our policy for customers ordering incorrect parts? The process of shipping and returning large items shipped via freight carriers is expensive. When you order a bumper from our store, we pay a shipping company to transport the bumper from our warehouse to your location. When a bumper is returned, this cost is not recoverable. Therefore the original cost of shipping will not be refunded.

Do you accept non-warranty returns on over-sized products and shipments?

Most over-sized items are non-returnable and non-refundable. If the product you ordered has been damaged in transit please contact us immediately. We will make sure a damage claim is filed and work on issuing a replacement. Please make sure you order the correct product when purchasing over-sized items. Examples of oversized items (but not limited to) include: Front Bumpers, Rear Bumpers, Rock Sliders, Fenders) Please contact us if there has been a mistake on your over-sized order at info@flyoffroad.com or via the RMA Request form located at www.flyoffroad.com/return-merchandize-authorization

DO YOU ACCEPT NON-WARRANTY RETURNS ON MODIFIED, INSTALLED OR ALTERED PRODUCTS?

Fly Offroad will not issue credit or refunds for non-warranty items that have been altered or modified. This includes products that have been installed on your vehicle. If a product is damaged in transit you must contact us first. However, if there is an issue with installation please call us so we can help take care of you.

WHEN CAN FLY OFFROAD REFUSE CREDIT OR RETURNS?

We check all returned product for missing parts and damages. Fly Offroad has the right to refuse credit to any customer if a product is damaged, altered, modified or missing parts.

HOW MUCH IS THE RESTOCKING FEE?

Fly Offroad charges a 20% restocking fee for any non-warranty product returned.  All returned products require additional labor and man power. To exchange a product please contact us for an RMA (Returned Merchandize Authorization). Customers are responsible for return shipping charges for exchanges. If we make a mistake we will try and make it right. Sometimes this means waiving the restocking fee. Remember, taking care of you is our number one priority.

WHAT IF MY ITEM IS DAMAGED IN TRANSIT?

If your product is damaged in transit please contact us immediately! Fly Offroad is not responsible for damage to over-sized items (including but not limited to: bumpers, fenders, rock sliders) that are signed for by the end customer without notating the damage on the receiving documents. By accepting a damaged shipment you are releasing Fly Offroad of any financial responsibility.

HOW DO I RETURN SOMETHING THAT WAS DAMAGED IN TRANSIT?

If the order was not signed for as damaged, please contact us immediately. We will request a Return Authorization for the damaged items. Please send clear pictures showing the damaged packaging and product along with the order # to info@flyoffroad.com or complete the Return Merchandize Authorization request form at www.flyoffroad.com/return-merchandize-authorization

*please read return policy and Sales Terms & Conditions for full details.

Non-Returnable Products

Non-returnable products include but are not limited to any product that has been installed, modified or tested. Refer to Sales Terms and Conditions document for detailed information.

TERMS AND CONDITIONS OF SALE

These Terms and Conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by Fly Offroad and its affiliates (“Seller”) as well as by third party vendors and or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given, unless otherwise specifically agreed to in writing by an officer of the corporation.  Neither Sellers commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. Fly Offroad’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement.  Buyer’s acceptance of the Products and or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.

Orders: 

All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased.  Seller may designate certain Products and Services as non-cancelable, non- returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in Seller’s Order Acknowledgement, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere. 

Published Prices: 

Fly Offroad reserves the right to cancel or adjust prices at any time.  The prices of the Products are those prices specified on the front of the quotation and or invoice. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation. 

Taxes: 

Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

Payment Terms

Customers with satisfactory credit may purchase product on open account. We also accept American Express, Master Card, and Visa.  Standard Payment Terms are Net 30 from date of invoice.  Payment accepted in US dollars only.  Any account balance not paid within 30 days of the Invoice date will be considered in default. Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer.  In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collection costs.

Delivery

All deliveries will be made “EXWORKS” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only based upon the best estimate of factory conditions at the time the order is accepted.  Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.

Cancellation

Orders that are cancelled by written notice and confirmed before the product ships, will be charged based upon the costs incurred at the point of cancellation plus a 10% cancellation charge (with the minimum cancellation charge of $30.00). If the order has been shipped and is refused by the customer, the Customer is responsible for the full Invoice amount plus freight charges plus a 20% restocking charge. 

WARRANTY / LIMITS OF LIABILITY

All goods supplied by Fly Offroad shall be warranted to be free of defects in material or workmanship for a period of two (2) years from the date of shipment. Should the product be proven to Fly Offroad to be defective, we shall have the option to repair or replace the product. At no time will Fly Offroad reimburse purchaser for unauthorized rework on any product unless agreed to in writing prior to the work being performed.

Our warranty does not cover product that has been modified, subjected to abuse, negligence in operation or maintenance, or if product is used in a manner that exceeds its designed capabilities and rating.

Where feasible warranty claims will be addressed via photos provided by the customer.  However, where photos are either inadequate or just not feasible Warranty related claims will be returned to the factory for evaluation and final disposition of the claim, any replacement parts will be invoiced at standard pricing and credit issued for the returned product at the same value as originally shipped. Please refer to our “Return Policy” for detailed information and process steps.

If the warranty claim product is found to be modified, subjected to abuse, negligence in operation or maintenance, or if product is used in a manner that exceeds its designed capabilities and rating, credit may be reduced, denied, or additional cost may be assessed and passed on to the purchaser, such as return freight.

WARRANTY POLICY: Fly Off Road warrants the original purchaser that our products will be free from defects in material and workmanship prior to shipping and or installation for the life of the product. This non-transferable limited lifetime warranty does not cover damage or impairment in any part due to misuse, improper installation, accident or contact with on-road or off-road hazards, product modification, improper or inadequate cleaning and or maintenance. All other warranties and representations express or implied are hereby disclaimed, including fitness from merchantability and buyer’s intended use or purpose. Fly Off Road products are intended for highway and off-road use. The original purchaser assumes all risks as to the selection, suitability and performance of all goods and products purchased. Fly Off Road’s sole and exclusive obligation under this warranty shall be to repair or replace the products at our discretion.  Fly OffRoad will not issue any or credit or refund to the consumer, unless the product was purchased directly from Fly OffRoad. Proof of purchase is required for all warranty claims. Pictures may be required to provide evidence of the claim. All warranted products will be returned to Fly OffRoad, at customer’s expense. A Return Goods Authorization (RGA) number issued by Fly OffRoad customer service is required on ALL returns. Shipments missing a valid RGA number will be refused and returned to sender. Fly OffRoad will not be responsible for incidental charges such as removal, installation, painting, and shipping costs or lost in transit. Any Items that are ordered in error, refused, or cancelled while in transit will be subject to a 20% restocking charge.

WARRANTY PROCESS: Products purchased through an authorized Fly Off Road Dealer: Consumers must Initiate the warranty process by contacting the dealer where they product is purchased for warranty processing. The dealer will coordinate with Fly Off Road for Customer Service for processing. Validating the product on the warranty claim is the sole responsibility of Fly Off Road. Credits or refunds will be issued through the Fly Off Road Dealer.

Fly Off Road Dealers: Contact Fly Off Road customer service at 480-646-8997 or Kylee@flyoffroad.com to initiate warranty claim. Fly Off Road reserves the right to replace warranted product or issue credit. Products purchased directly from Fly Off Road’s website: Will be processed by Fly Off Road customer service at 480-646-8997 or Kylee@flyoffroad.com to initiate warranty claim. Return address: 4012 W Lindbergh Way. Chandler, AZ 85226

ORDER ERRORS: Incorrect or canceled orders are subject to a 20% restocking charge. An RGA is required for the returned product to be returned to Fly Off Road. Fly Off Road products purchased through the authorized Fly Offroad dealer where the product was purchased in order to arrange return. All returns must be sealed in the box ready for resale, or the return will be declined.

FREIGHT DAMAGE:  Immediately inspect the shipping box upon receipt. Refuse the shipment if there is a significant amount of visible damage.  If you are unable to refuse the shipment, then please take pictures of the visible damage and immediately reach out to Fly OffRoad customer Service. Please call 480-646-8897 or email kylee@flyoffroad.com. 

Fly OffRoad reserves the right to replace the painted product with a replacement or to send touch up paint.

Returns (non-warranty claims): 

Only products originally shipped from Fly Offroad or from an authorized supplier (drop-ship) will be considered for return to Fly Offroad.  By the Customer requesting return of products to Fly Offroad, the Customer certifies that the products were purchased from Fly Offroad and there has been no substitution of the product from another supplier, distributor or other source of the product. Any return must be in unused condition (except if approved for failure analysis/warranty evaluation by a Fly Offroad account manager via a Return Merchandize Authorization (RMA)).  Refer to our “Return Policy” for detailed information and process steps.

No non-warranty returns will be accepted of product that is requested to be returned after 6 months of its initial ship date.

Exchanges: 

Any item for exchange must be in the as supplied condition. Credit / Debit transactions will take place to ensure traceability and lot history.  Defective item(s) may be exchanged/returned for the same item. Items purchased from Fly Offroad that have been used or altered and any items that have been sold as Non-cancelable and Non-Returnable (“NC/NR”) will not be accepted for exchange. 

Non-Cancelable and Non-Returnable Items: 

Products listed as NC/NR status (Non-cancelable and Non-Returnable) are identified on the Order Acknowledgement for all other orders. 

Return Freight / Restocking Fee: 

Fly Offroad does not refund the original shipping and handling. Customer is responsible for all return freight charges. Fly Offroad does not accept COD shipments. 

Refunds: 

Upon receipt and inspection of returned item(s), Fly Offroad will advise of the refund status. In the case of factory warranty or failure analysis, Fly Offroad will issue any applicable credit pending manufacturer confirmation of failure. Fly Offroad initiates credits via the original method of payment within 48 hours of approval. 

How to Return an Item: 

Refer to our Return Policy document for detailed steps.

Damaged Merchandize

All products are inspected before shipping, ensuring the quality and adequacy of the packaging prior to being shipped. The consignee will be responsible for the freight en route and file any claims if necessary.

* Fly Offroad will not be responsible for any physical damage to the shipment if it is not inspected at the time of delivery and damages or suspected damages are not clearly noted on the freight carrier’s paperwork at the time of delivery, and reported immediately to Fly Offroad.

Penalty Clause

No penalty clause shall be in effect unless written approval is obtained from an officer of Fly Offroad.

Government Regulations and Taxes

Any regulation, restriction or tax imposed on goods furnished by Fly Offroad are the responsibility of the purchaser. Any testing or disposal of merchandise shall be your responsibility.

Force Majeure: 

Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer. 

Technical Assistance or Advice: 

If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice, nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied. 

General: 

(a) The laws of the State of Arizona will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.

SUPPLIER PURCHASE ORDER TERMS & CONDITIONS

1. FORMATION and ACCEPTANCE OF ORDER. These terms and conditions apply to the purchase of the goods and services (“Goods”) between Buyer and Seller. Unless specifically agreed to in writing by Buyer and Seller the parties are not bound by any term or condition that differs from these terms and conditions. The Purchase Order and these Terms and Conditions shall be referred to herein as the “Contract” or “purchase order contract”. The term “Buyer” shall mean the Fly Offroad, LLC entity identified in the Purchase Order, and the term “Seller” shall mean the supplier identified in the Purchase Order. Delivery of the goods constitutes Seller’s acceptance of the terms herein. Acceptance is expressly limited to the terms and conditions stated herein and any additional or different terms proposed by Seller are rejected unless Buyer agrees to them in writing. 
2. SCHEDULE
   a. Seller shall strictly adhere to shipment or delivery schedules specified in the purchase order Contract. In the event of any anticipated or actual delay, including but not limited to delays attributed to labor disputes, Seller shall: (i) promptly notify Buyer in writing of the reason for the delay and the actions being taken to overcome or minimize the delay; (ii) provide Buyer with a written recovery schedule; and (iii) if requested by Buyer, ship via air or other expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in the “Force Majeure” article of this Contract. The added premium transportation costs shall be borne by Seller.
   b. Seller shall not deliver Goods prior to the scheduled delivery dates unless authorized by Buyer.
   c. Buyer shall, at no additional cost, retain goods furnished in excess of the specified quantity or in excess of any allowable overage unless, within 45 days of shipment, Seller request return of such excess. In the event of such request, Seller shall reimburse Buyer for reasonable costs associated with storage and return of the excess. If Goods are manufactured with reference to Buyer’s proprietary information or materials, Seller agrees that, pursuant to the “Confidential, Proprietary and Trade Secrets Information and Materials” article of this Contract, it will not sell or offer such goods for sale to anyone other than Buyer without Buyer’s prior written consent, which may be withheld in Buyer’s sole discretion.
3. PACKING AND SHIPPING
   a. Seller shall pack the Goods to prevent damage and deterioration and Seller shall comply with carrier tariffs. Unless the Contract specifies otherwise, the price includes shipping charges for the Goods sold F.O.B. destination. Unless otherwise specified in this Contract, Goods sold F.O.B. place of shipment shall be forwarded collect. Seller shall make no declaration concerning the value of the Goods shipped except on Goods where tariff rating is dependent upon released or declared value. In such event, Seller shall release or declare such value at the maximum value within the lowest rating. Buyer may charge Seller for damage to or deterioration of any Goods resulting from improper packaging.
   b. Unless this Contract specifies otherwise, Seller will ship the Goods in accordance with the following instructions:
   (i) Shipments by Seller or its subcontractors must include packaging slip containing Buyer’s PO number, description and quantity of Goods shipped, part number, if applicable, if appropriate evidence of inspections and material test reports. A shipment containing hazardous and nonhazardous materials must have separate packing sheets for the hazardous and non hazardous materials. All hazardous materials must be accompanied by a materials data safety sheet (“MSDS”). The MSDS shall contain all information required by any applicable laws or as required by Buyer. Seller warrants that all information in the MSDS is true and correct in all material respects, and Seller understands that Buyer will rely solely upon written information provided by Seller in the MSDS. Seller shall not include vermiculite or other hazardous substance in any packaging material included with the Goods. The shipping documents will describe the material according to the applicable classification and/or tariff. The total number of shipping containers will be referenced on all shipping documents. Originals of all government bills of lading will be surrendered to the origin carrier at the time of shipment.
   (ii) Seller will not insure any FOB origin shipment unless preauthorized in writing by Buyer.
   (iii) Seller will label each shipping container with the PO number and the number on each container represents of the total number being shipped (e.g. box 1 of 2, box 2 of 2)
   (iv) Buyer will select the carrier and mode of transportation for all shipments where freight costs are charged to Buyer.
   (v) Seller will include copies of documentation supporting prepaid freight charges (e.g., carrier invoices or UPS shipping log/manifest), if any with its invoices.
   (vi) If Seller is unable to comply with the shipping instructions in this Contract, Seller will contact Buyer’s Authorized Procurement Representative.
4. QUALITY CONTROL.
   Seller shall establish and maintain a quality controls system acceptable to Buyer for the Goods purchased under this Contract. Seller shall permit Buyer to review procedures, practices, and related documents to determine such acceptability. Seller shall have a continuing obligation to promptly notify Buyer of any violation or deviation from Seller’s approved inspection/quality control system and to advise Buyer of the quantity and specific identity of any Goods delivered to Buyer during the period of any such violation or deviation.
5. SELLER’S NOTICE OF DISCREPANCIES.
   Seller shall notify Buyer in writing when discrepancies in Seller’s quality control process or Goods are discovered or suspected regarding Goods delivered or to be delivered under this Contract.
6. INSPECTION
   a. At no additional cost to Buyer, Goods shall be subject to inspection, surveillance and testing at reasonable times and places, including Seller’s subcontractors’ locations. Buyer shall perform inspections, surveillance and tests so as not to unduly delay the work or interfere with Seller’s operations.
   b. Seller shall maintain an inspection system acceptable to Buyer for the Goods purchased under this Contract.
   c. If Buyer performs an inspection or test at Seller’s or its subcontractors’ premises, Seller shall furnish, and require its subcontractors to furnish, without additional charge, reasonable facilities and assistance for the safe and convenient performance of these duties.
7. ACCEPTANCE AND REJECTION
   a. Buyer shall accept the Goods or give Seller notice of rejection or revocation of acceptance, notwithstanding any payment, prior test or inspection, or passage of title. No inspection, test, delay or failure to inspect or test or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer.
   b. If Seller delivered non-conforming Goods, Buyer may at its option and at Seller’s expense (i) return the Goods for credit of refund; (ii) require Seller to promptly correct or replace the Goods; (iii) correct the Goods; or (iv) obtain replacement Goods from another source.
   c. Seller shall not redeliver corrected Goods or rejected Goods without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as Buyer’s Authorized Procurement Representative may reasonably direct.
   d. All costs and expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amount that may be owed to Seller under this Contract. 
8. WARRANTY
   Seller warrants that all Goods furnished under this Contract shall conform to all specifications and requirements of this Contract and shall be free from defects in material and workmanship. To the extent Goods are not manufactured pursuant to detailed design and specifications furnished by Buyer, the Goods shall be free from design and specification defects. This warranty shall survive inspection, test and acceptance of, and payment for, the Goods. This warranty shall run to Buyer and its successors, assigns and customers. Such warranty shall begin after Buyer’s final acceptance. In the event Goods are determined to be defective under this Section 8, Buyer may, at its option, either (i) return for credit or refund, or (ii) require prompt correction or replacement of the defective non-conforming Goods. Return to Seller of defective or non-conforming Goods and redelivery to Buyer of corrected or replaced Goods shall be at Seller’s expense. Goods required to be corrected or replaced shall be subject to this article and the “Inspection” article of this Contract in the same manner and to the same extent as Goods originally delivered under this Contract, but only as to the corrected or replaced part or parts thereof. Even if the parties disagree about the existence of a breach of this warranty, Seller shall promptly comply with Buyer’s request to: (i) repair, rework or replace the Goods, or (ii) furnish any materials or parts and installation instructions required to successfully correct the defect or nonconformance. If the parties later determine that Seller is not in breach of this warranty, the parties shall equitably adjust the contract price.
9. TAXES.
   Unless this Contract specifies otherwise, the price of the purchase order contract includes, and Seller is liable for and shall pay, all taxes, impositions, charges and exactions imposed on or measured by this Contract except for applicable sales and use taxes that are separately stated on Seller’s invoice. Prices shall include any taxes, impositions, charges or exactions for which Buyer has furnished a valid exemption.
10. INVOICES AND PAYMENT.
    Unless otherwise authorized by Buyer’s Authorized Procurement Representative, Seller shall issue a separate original invoice for each delivery that shall include Buyer’s contract number and line item number. Unless freight or other charges are itemized, Buyer may take any offered discount on the full amount of the invoice. Payment due date, including discount periods, shall be computed from the later of the scheduled delivery date or the actual delivery date or the date of receipt of an accurate invoice. Payment shall be deemed made on the date Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay Buyer amounts paid in excess of amounts due Seller. 
11. CHANGES
    a. Buyer’s Authorized Procurement Representative may, without notice to sureties and in writing, direct changes within the general scope of this Contract in any of the following: (i) technical requirements and descriptions, specifications, statement of work, drawings or design; (ii) shipment or packaging methods; (ii) place of delivery, inspection or acceptance; (iv) reasonable adjustments in quantities and delivery schedules or both; (v) amount of Buyer-furnished property; and if this Contract includes services; (vi) description of services to be preformed; (vii) time of performance (e.g. hours of the day, days of the week); (viii) place of performance; and (ix) terms and conditions of this Contract required to need Buyer’s obligations under any government prime contracts or subcontracts. Seller shall comply with such directions.
    b. If such change increases or decrease the cost or time requirement to perform this Contract, Buyer and Seller shall negotiate an equitable adjustment in the price and the schedule, or both, to reflect the increase or decrease. Buyer shall modify this Contract in writing accordingly. Unless otherwise agreed in writing, Seller must assert any claim for adjustment to Buyer’s Authorized Procurement Representative in writing within 25 days and deliver a fully supported proposal to Buyer’s Authorized Procurement Representative within 60 days after Seller’s receipt of such adjustment. Buyer may, at its sole discretion, consider any claim regardless of when asserted. If Seller’s proposal includes the cost of property made obsolete or excess by the change, Buyer may direct the disposition of the property. Buyer may examine Seller’s pertinent books and records to verify the amount of Seller’s claim. Failure of the parties to agree upon any adjustment shall not excuse Seller from performing in accordance with Buyer’s direction.
    c. If Seller considers that Buyer’s conduct constitutes a change, Seller shall notify Buyer’s Authorized Procurement Representative immediately in writing as to the nature of such conduct and its effect upon Seller’s performance. Pending direction from Buyer’s Authorized Procurement Representative, Seller shall take no action to implement any such change.
12. DISPUTES.
    Any dispute that arises under or is related to this Contract that cannot be settled by mutual agreement of the parties may be decided by court of competent jurisdiction. The parties agree that any disputes arising out of or related in any way to this Contract, including a breach of this Contract, shall be filed exclusively in the state or federal courts in Maricopa County, Arizona. The parties consent and agree to the jurisdiction of the Arizona courts. Neither party will argue or contend that it is not subject to the jurisdiction of the Arizona courts or that venue in Maricopa County, Arizona, is improper. Pending final resolution of any dispute, Seller shall proceed with the performance of work within the scope of this Contract according to the Buyer’s instructions so long as Buyer continues to pay amounts not in dispute.
13. FORCE MAJEURE.
    Seller shall not be liable for excess reprocurement costs pursuant to the “Cancellation for Default” article of this Contract, incurred by Buyer because of any failure to perform this Contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of Seller. Examples of these causes include: (a) acts of God or the public enemy, (b) acts of the government in either its sovereign or contractual capacity, (c) fires, (d) floods, (e) epidemics, (f) quarantine restrictions, (g) strikes, (h) freight embargoes and (i) unusually severe weather. In each instance, the failure to perform must be beyond the control and without fault or negligence of Seller. If the delay is caused by delay of a subcontractor of Seller and if such delay arises out of cause beyond the reasonable control of both, and if such delay is without the fault or negligence of either, Seller shall not be liable for excess cost unless the Goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit Seller to meet the required delivery schedules. Seller shall notify Buyer in writing within 10 days after beginning of any such cause.
14. TERMINATION FOR CONVENIENCE.
    Buyer shall have the right to terminate all or part of this Contract, otherwise than for its breach.  This termination is effective upon Seller’s receipt of notification of such termination.
15. CANCELLATION FOR DEFAULT
    a. Buyer may, by written notice to Seller, terminate all or part of this Contract if (i) Seller fails to deliver the Goods within the time specified by this Contract or any written extension; (ii) Seller fails to perform or fails to make progress, so as to endanger performance of this Contract, and in either of these two circumstances, does not cure the failure within 10 days after receipt of notice from Buyer specifying the failure; or (iii) in the event of Seller’s suspension of business, insolvency, appointment of a receiver for Seller’s property or business, or any assignment, reorganization or arrangement by Seller for the benefit of it’s creditors.
    b. Seller shall continue work not terminated. If Buyer terminates all or part of this Contract, Seller shall be liable for Buyer’s excess reprocurement costs.
    c. Buyer may require Seller to transfer title and deliver to Buyer, (i) any completed Goods, and (ii) any partially completed Goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively, “Manufactured Materials”) that Seller has specifically produced or acquired for the terminated portion of this Contract. Upon direction from Buyer, Seller shall also protect and preserve property in its possession in which Buyer or Buyer’s customer has interest.
    d. Buyer shall pay the contract price for Goods accepted. Payment for Manufacturing Materials accepted by Buyer and for the protection and preservation of property shall be at a price negotiated, except Seller shall not be entitled to profit. Buyer may withhold from any amount due under this Contract any sum Buyer determines to be necessary to protect Buyer or Buyer’s customer against loss because of outstanding liens or claims of former lien holders.
    e. If, after termination for default, it is determined that Seller was not in default the rights and remedies of the parties shall be as if the Contact had been terminated according to the “Termination of Convenience” article in this Contract.
16. ASSIGNMENT, DELEGATION AND SUBCONTRACTING.
    Seller shall not assign any of its rights or interest in this Contract or subcontract all or substantially all of its performance of this Contract, without Buyer’s prior written consent, which may be withheld in Buyer’s sole discretion. Seller shall not delegate any of its duties or obligations under this Contract. Seller may assign its right to monies due or to become due. No assignment, delegation or subcontracting by Seller, with or without Buyer’s consent, shall relieve Seller of any of its obligations under this Contract or prejudice any of Buyer’s rights against Seller whether arising before or after the date of any assignment. This article does not limit Seller’s ability to purchase standard commercial supplies or raw materials.
17. PUBLICITY.
    Without Buyer’s prior written approval, Seller shall not, and shall require that its subcontractors at any tier shall not, release any publicity, advertisement, news release or denial or confirmation of same regarding this Contract or the Goods or program to which the Goods pertains. Seller shall be liable to Buyer for any breach of such obligation by any subcontractor.
18. BUYERS PROPERTY.
    Seller shall clearly mark, maintain an inventory of, and keep segregated or identifiable all of Buyer’s property and all property to which Buyer acquires an interest by virtue of this Contract. Seller assumes all risk of loss, destruction or damage of such property while in Seller’s possession, custody and control, including any transfer to Seller’s subcontractors. Upon request, Seller shall provide Buyer with adequate proof of insurance against such risk of loss. Seller shall not use such property other than in performance of this Contract without Buyer’s prior written consent, which may be withheld in Buyer’s sole discretion. Seller shall notify Buyer’s Authorized Procurement Representative if Buyer’s property is lost, damage or destroyed. As directed by Buyer, upon completion, termination or cancellation of this Contract, Seller shall deliver such property, to the extent not incorporated in delivered Goods, to Buyer in good condition subject to ordinary wear and tear and normal manufacturing losses. Nothing in this article limits Seller’s use, in its direct contract with the government, of property in which the government has interest.
19. PATENT, TRADEMARK AND COPYRIGHT INDEMNITY.
    Seller will indemnify, defend and hold harmless Buyer and its customer from all claims, suits, actions, awards (including, but not limited to awards based on international fees and/or costs), liabilities, damages, costs and attorney’s fees related to the actual or alleged infringement of any United States or foreign intellectual property right (including, but not limited to, any right in a patent, copyright, industrial design or mask work or based on misappropriation or wrongful use of information or documents) and arising out of the manufacture, sale or use of Goods by either Buyer or its customer. Buyer and /or its customer will duly notify Seller of any such claim, suit or action; and Seller will, at its own expense, fully defend such claim, suit, or action on behalf of indemnities. Seller will have no obligation under this article with regard to any infringement arising from (a) Seller’s compliance with formal specifications issued by Buyer where infringement could not be avoided in complying with such specifications or (b) use or sale of Goods in combination with other items when such infringement would not have occurred from the use or sale of those Goods solely for the purpose for which they were designed or sold by Seller. 
20. CONFIDENTIAL, PROPRIETARY AND THE TRADE SECRET INFORMATION AND MATERIALS.
    Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (a) confidential, proprietary and/or trade secret information; (b) tangible items and software containing, conveying or embodying such information; and (c) tooling identified as being subject to this article and obtained, directly or indirectly, from the other in connection with this Contract or other agreement referencing this Contract (collectively referring to as “Proprietary Information and Materials”). Buyer and Seller shall each use Proprietary Information and Materials of the other only in the performance of and for the purpose in this Contract. However, despite any other obligations or restrictions imposed by this article, Buyer shall have the right to use, disclose and reproduce Seller’s Propriety Information and Materials, and make derivative works thereof, for the purpose of testing, certification, use, sale or support of any Goods delivered under this Contract or any other agreement referencing this Contract. Any such use, disclosure, reproduction or derivative work by Buyer shall, whenever appropriate, include a restrictive legend suitable for the particular circumstances. The restrictions on disclosure or use of Proprietary Information and Materials by Buyer and Seller shall apply to all materials derived by Seller or others from Buyer’s Proprietary Information and Materials. Upon Buyer’s request at any time, and in any event upon the completion, termination or cancellation of this Contract, Seller shall return to Buyer all of Buyer’s Proprietary Information and Materials and all materials derived there from, unless specifically directed otherwise in writing by Buyer. Seller shall not, without the prior written authorization of Buyer, sell or otherwise dispose of (as scrap or otherwise) any parts or other material containing, conveying, embodying or made in accordance with or by reference to any Proprietary Information and Materials of Buyer. Prior to disposing of such parts or other materials as scrap, Seller shall render them unusable. Buyer shall have the right to audit Seller’s compliance with this article. Seller may disclose Proprietary information and Materials of Buyer to its subcontractors as required for the performance of this Contract, provided that each subcontractor first agrees in writing to the same obligations imposed upon Seller under this article relating to Proprietary Information and Material. Seller shall be liable to Buyer for any breach of such obligations by such subcontractor. The provisions of this article are effective in lieu of any restrictive legends or notices applied to Proprietary Information and Materials. The provisions of this article shall survive the performance, completion, termination or cancellation of this Contract.  Suppliers must ensure the safeguard and or disclosure of information, documents or data relating to ITAR product or contracts, as well as SIS Customer supplied confidential information, is handled as defined within Federal regulation 48CFR 52.204-21. 
21. RECORDS AND AUDITS.
    Seller shall retain all record and documents pertaining to the Goods for a period of no less than three years after final payment. Such records and documents shall date back to the time this Contract was issued and shall include without limitation, catalogs, price lists, invoices and inventory records for purpose of verification of prices at rates charged by Seller for Goods procured by Buyer. Buyer shall have the eight to examine, reproduce and audit all such records related to pricing and performance to evaluate that accuracy, completeness and currency of cost and pricing data submitted with Seller’s bid or offer to sell; and related to “Changes,” “ Termination for Convenience” or “Cancellation for Default” articles of this Contract.

22. RIGHTS OF BUYER’S CUSTOMERS AND REGULATORS TO PERFORM INSPECTION, SURVEILLANCE AND TESTING.
    Buyer’s rights to perform inspections, surveillance and tests and to review procedures, practices, processes and related documents related to quality assurance, quality control, and configuration control shall extend to the customer’s of Buyer that are departments, agencies or instrumentalities of the United States Government and any successor agency or instrumentality of the United States Government. Nothing in this Contract shall be interpreted to limit United States Government access to Seller’s facilities pursuant to law or regulation.

23. GRATUITIES.
    Seller warrants that neither it nor any of its employees, agents, and representatives have offered or given, or will offer, any gratuities to Buyer’s employees, agents or representatives for the purpose of securing favor treatment under this Contract.
24. OFFSET CREDITS
    a. To the exclusion of all others, Buyer or its assignees shall be entitled to all industrial benefits or offset credits which might result from this Contract. Seller shall provide documentation or information that Buyer or its assignees may reasonably request to substantiate claims for industrial benefit or offset credits.
    b. Seller agrees to use reasonable efforts to identify the foreign content of goods that Seller either produces itself or procures from subcontractors for work directly related to this Contract. Promptly after selection of a non-U.S. subcontractor for work under this Contract, Seller shall notify Buyer of the name, address, subcontract point of contact (including telephone number) and dollar value of the subcontract.
25. UTILIZATION OF SMALL BUSINESS CONCERNS.
    Seller agrees to actively seek out and provide the maximum practicable opportunities for small businesses, small disadvantage businesses, women-owned small businesses, minority business enterprises, historically black colleges and universities and minority institutions, historically underutilized business zone small business and U.S. concerns and U.S. veteran and service-disabled veteran owned small business concerns to participate in subcontractors Seller awards to the fullest extent consistent with the efficient performance of this Contract.
26. RIGHTS AND REMEDIES.
    Any failures, delays or forbearance of either party in insisting upon enforcement of any provisions of this Contract, or in exercising any rights or remedies under this Contract, shall not be construed as a waiver or relinquishment of any such provisions, rights or remedies; rather, the same shall remain in full force and effect. Except as otherwise limited in this Contract, the right and remedies set forth herein are cumulative and in addition to any other rights or remedies that the parties may have at law or in equity. If any provision of this Contract is or becomes void or unenforceable by law, the remainder shall be valid and enforceable.
27. COMPLIANCE WITH LAWS.
    Seller shall comply with all applicable statues and government rules, regulations and orders, including those pertaining to United States Exports Controls.
28. GOVERNING LAW.
    This Contract shall be governed by and construed in accordance with the laws of the state of Arizona.
29. GOVERNMENT CLAUSES.
    Government clauses applicable to this Contract, if any, are incorporated herein by attachment to this document.
30. SUSPENSION OF WORK
    a. Buyer’s Authorized Procurement Representative may, by written orders, suspend all or part of the work to be performed under this Contract for a period not to exceed 100 days. Within such period of any suspension of work, Buyer shall (i) cancel the suspension of work order; (ii) terminate this Contract in accordance with the “Termination for Convenience” article of this Contract; (iii) cancel this Contract in accordance with the “Cancellation for Default” article of this Contract; or (iv) extend the stop work period.
    b. Seller shall resume work whenever a suspension is canceled. Buyer and Seller shall negotiate an equitable adjustment in the price or schedule or both if (i) this Contract is not canceled or terminated; (ii) the suspension results in a change in Seller’s cost of performance or ability to meet the Contract delivery schedule; and (iii) Seller submits a claim for adjustment within 20 days after the suspension is canceled.
31. ACCESS TO PLANTS AND PROPERTIES.
    Seller shall comply with all the rules and regulations established by Buyer for access to and activities in and premises controlled by Buyer and Buyer’s customer.
32. ENTIRE AGREEMENT.
    This Contract contains entire agreement of the partied and supersedes any and all prior agreements, understanding and communications between Buyer and Seller related to the subject matter of this Contract. No amendment or modification of this Contract shall bind either party unless it is in writing and is signed by both Buyer’s Authorized Procurement Representative and an authorized representative of Seller.

PRIVACY POLICY

Fly Offroad, LLC (“Fly Offroad”, “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website www.flyoffroad.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

THIS POLICY APPLIES TO INFORMATION WE COLLECT:

• On this Website.
• In e-mail, text and other electronic messages between you and this Website.
• Through mobile and desktop applications you download from this Website, if any, which provide dedicated non-browser-based interaction between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

 IT DOES NOT APPLY TO INFORMATION COLLECTED BY:

• us offline or through any other means, including on any other website operated by Fly Offroad or any third party (including our affiliates, subsidiaries, and parents); or
• any third party (including our affiliates, subsidiaries, and parents), including through any application or content that may link to or be accessible from or on the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States, any of its territories or possessions, or Canada. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Fly Offroad and meet all of the foregoing eligibility requirements. If you do not meet all of the requirements, you must not access or use the Website. The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, you must not access or use the Website, do not register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as follows: Address: Fly Offroad Management, 4012 W Lindbergh Way, Chandler AZ 85226; Phone number: (480) 646-8997, ask for the General Manager; Fax number: 480-785-1905; Email address: info@flyoffroad.com

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website, including information:

• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (“personal information”);
• that is about you but individually does not identify you; and about your internet connection, the equipment you use to access our Website and usage details.
• Information You Provide to Us. The information we collect on or through our Website may include:
• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or posting material. We may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with our Website.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.

 You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the section below entitled Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Fly Offroad, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us. Our Website may contain links to other websites. We encourage you to read the Privacy Policy of each website you visit. We do not control the other websites. If you have any questions about the information they collect about you, you should contact the responsible provider directly.

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, if any, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

HOW WE USE YOUR INFORMATION

Some content or applications, including advertisements, if any, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

 DISCLOSURE OF YOUR INFORMATION

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our affiliates, subsidiaries, and parents.
• To contractors, service providers and other third parties we use to support our business and who are bound by contractual or other obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Fly Offroad’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Fly Offroad, LLC about our Website users is among the assets transferred.
• To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. For more information, see the following section entitled Choices About How We Use and Disclose Your Information.
• To fulfill the purpose for which you provide it.
• With your consent.

 We may also disclose your personal information:

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use or terms of sale and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fly Offroad, LLC, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Refer to “Advertising Opt-Out Options” linked on www.flyoffroad.com

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an e-mail stating your request to info@flyoffroad.com.

Promotional Offers from Fly Offroad. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to Fly Offroad as a result of a product purchase, warranty registration, product service experience or other transactions.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Website and visiting your account profile page. Just click “edit” or “manage” to change your contact information.

You may also send us an e-mail at info@flyoffroad.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@flyoffroad.com or write us at: 4012 W Lindbergh Way, Chandler AZ 85226. As for California’s Consumer Privacy Act, you can read our entire statement below:

As such, you have the right to request that we do not sell your data and you have the right to request a personal information export (a copy of the personal information we store about you).  To request that we do not sell your data click the link “Do not sell my data” on www.flyoffroad.com.  To request an export of personal information please click the link “Request Export of Personal Information” on www.flyoffroad.com.  

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the primary e-mail address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

LIST OF COOKIES WE COLLECT

For a complete list of cookies, please access our Cookie Policy page from the links below.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy (including CCPA Policy, GDPR Policy & Cookie Policy) and Terms of Sale (including Shipping Policy, Warranty Policy, Returns Policy & Refunds Policy) constitute the sole and entire agreement between you and Fly Offroad, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Privacy Regulations Compliance:

Refer to “Cookie Policy” and “General Data Protection Regulation (GDPR)” documents on www.flyoffroad.com

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

4012 W Lindbergh Way, Chandler AZ 85226; Phone number: (480) 646-8997, ask for the General Manager; Fax number: 480-785-1905; Email address: info@flyoffroad.com

COOKIE POLICY

Fly Offroad, LLC (“Fly Offroad”, “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website www.flyoffroad.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

The Cookie Policy is part of our extended Privacy Policy (found on www.flyoffroad.com) and serves to explain what cookies we use and what their role is.

THIS POLICY APPLIES TO INFORMATION WE COLLECT:

We may collect the following information:

• Your first name / last name
• Contact information including email address
• Demographic information such as postcode, preferences and interests
• Other information relevant to customer surveys and/or offers

 For the exhaustive list of cookies we collect see the list of cookies we collect below.

WHAT WE DO WITH THE INFORMATION WE GATHER

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

HOW WE USE COOKIES

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information in the following ways:

• Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by letting us know using our Contact Us information

For more controls and information on how to control the usage of your personal information for marketing purposes, please visit our Advertising Opt-Out section found on www.flyoffroad.com.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible.

LIST OF COOKIES WE COLLECT

The table below partially lists the cookies we may collect and what information they store.

Our cookie policy is part of our extended Privacy, Data Collection & Data Protection Policy and part of the website’s Terms & Conditions.

GDPR POLICY

At Fly Offroad, accessible from https://www.flyoffroad.com/, one of our main priorities is the privacy of our visitors. This GDPR focused Privacy Policy document contains types of information that is collected and recorded by Fly Offroad and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

GENERAL DATA PROTECTION REGULATION (GDPR)

We are a Data Controller of your information.

Fly Offroad, LLC. legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information:

• Fly Offroad, LLC needs to perform a contract with you
• You have given Fly Offroad, LLC permission to do so
• Processing your personal information is in Fly Offroad, LLC legitimate interests
• Fly Offroad, LLC needs to comply with the law

Fly Offroad, LLC will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies. 

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you.
• The right of rectification.
• The right to object.
• The right of restriction.
• The right to data portability
• The right to withdraw consent

LOG FILES

Fly Offroad, LLC follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information. 

COOKIES AND WEB BEACONS

Like any other website, Fly Offroad, LLC uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information. 

For more general information on cookies, please read our Cookie Policy found on www.flyoffroad.com

GOOGLE DOUBLECLICK DART COOKIE

Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

OUR ADVERTISING PARTNERS

Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed in our advertising opt-out page. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

Refer to our Advertising Opt-Out Options on www.flyoffroad.com

PRIVACY POLICIES

You may consult the lists in our Privacy Policy for each of the advertising partners of Fly Offroad, LLC.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Fly Offroad, LLC, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit. 

Note that Fly Offroad, LLC has no access to or control over these cookies that are used by third-party advertisers.

THIRD PARTY PRIVACY POLICIES

Fly Offroad, LLC’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

CHILDREN’S INFORMATION

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

Fly Offroad, LLC does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records. 

ONLINE PRIVACY POLICY ONLY

Our Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Fly Offroad, LLC. This policy is not applicable to any information collected offline or via channels other than this website. By consenting to cookies, you consent to our complete Privacy Policy, which you can find at www.flyoffroad.com

CONSENT

By using our website, you hereby consent to our GDPR Policy & Privacy Policy and agree to their terms.

Fly Offroad, LLC welcomes your questions or comment. If you believe that Fly Offroad, LLC has not adhered to this Statement, please contact KC at:  

4012 W Lindbergh Way

Chandler

AZ 85226

Email Address:

info@flyoffroad.com

Data Protection Officer:

Fly Offroad General Manager

Telephone number:

(480) 646-8997

Last Updated: 11/6/2020

ADVERTISING OPT OUT OPTIONS

How to manage cookies, web beacons and other tracking technologies on our website

There are a number of ways you can manage what Analytical/performance, Functionality and Advertising/targeting-related cookies are set on your Device. Strictly necessary cookies, however, cannot be disabled. You may also be required to re-enter your password more frequently during your browsing session. The first time you visit any of our Sites you will see an overlay which explains that by continuing to browse the relevant Site or clicking “I Agree” you are deemed to give your consent to use these cookies as described in the Privacy Policy.

CAN I WITHDRAW MY CONSENT?

Once you have given us your consent to the use of cookies through the popup on our website, we store a cookie on your computer or device to remember this for next time. Your consent will expire periodically. If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings, as described below.

DISABLING COOKIES, WEB BEACONS AND OTHER TRACKING TECHNOLOGIES

You can disable and/or delete all types of cookies, web beacons or similar technologies if permitted by your browser, installed application or Device. These technologies are generally easy to disable and/or delete but how you do so varies from browser to browser. The “help” function within your browser should tell you how to do it. Please note if you decline cookies, web beacons or other similar technologies, you may not be able to take advantage of certain Site features, services, applications, or tools. The following links also provide information on how to modify the cookies settings on some popular browsers:

GOOGLE CHROME

INTERNET EXPLORER

APPLE SAFARI

MOZILLA/FIREFOX

DISABLING MOST ANALYTICS & 3RD PARTY TRACKING SOFTWARE.

You can opt out of Google Analytics tracking and other 3rd party Analytics tools by using your browser’s Do Not Track setting. You may choose not to have a unique web analytics cookie identification number assigned to your computer to avoid the aggregation and analysis of data collected on this website.

You can also opt out of Google Analytics tracking here:

» Analytics Opt Out

DISABLING MOST TARGETING OR BEHAVIOR ADVERTISING COOKIES.

If you would like to disable advertising cookies, which remember your browsing habits and display relevant advertising, you can visit individual links below, on the advertising platforms we currently use. If you choose to turn off these cookies you will still see advertising on the Internet but it may not be tailored to your interests. It does not mean that you won’t be served any advertisements while you are online. Although many companies involved in using advertising cookies and serving online behavioral advertising appear at the above links, not all do. Therefore, even if you choose to turn off cookies used by all of the companies listed, you may still receive some advertising cookies and some tailored advertisements from other companies.

GOOGLE ADS

BING ADS

FACEBOOK ADS

LOG FILES

As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

Additional opt-out choices for social media

Integration of social media links to our sites may enable tracking by these providers, who provide their own opt-out and data control mechanisms.

Facebook’s cookie control instructions can be found at:

» Facebook Cookie Controls

OUR COOKIE & PRIVACY POLICY

We respect your privacy and we’re committed to protecting it through our compliance with relevant policies such as our Cookie Policy & our Privacy Policy. These policies describe the types of information we may collect from you or that you may provide when you visit the website and our practices for collecting, using, maintaining, protecting and disclosing that information through various technologies, including but not limited to cookies. By accepting the usage of cookies, you agree to our Privacy and Cookies policies found on www.flyoffroad.com.