Terms of service

These Terms of Service (these “Terms”) apply to the Road Armor website located at roadarmor.com, and all associated sites linked to roadarmor.com by Road Armor and its subsidiaries and affiliates (collectively, the “Site”). The Site is property of Road Armor Industries, LLC (“Road Armor”) and its licensors. Please read these Terms carefully before accessing or using the Site. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

-- Road Armor reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Road Armor grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

-- Throughout the Site, the terms “we,” “us,” and “our” refer to Road Armor. These Terms apply to all users of the Site including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. 

 

 

All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, and artwork (collectively, “Content”) contained on the Site is owned, controlled, or licensed by Road Armor.

Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, site, or other medium for publication or distribution or for any commercial enterprise, without Road Armor’s express prior written consent. Road Armor expressly reserves all intellectual property rights in the Content. 

 

 

You may not use any automatic device, program, algorithm, or methodology, or any similar or equivalent mechanical process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Road Armor reserves the right to bar any such activity. 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password mining, or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any customer or Road Armor, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Road Armor’s systems or networks, or any systems or networks connected to the Site or to Road Armor. 

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Road Armor or others. 

 

 

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. 

Road Armor’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Road Armor may make changes to any products or service offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products or services may be out of date, and Road Armor makes no commitment to update the materials on the Site with respect to such products and services. 

By providing your phone number via the Site, you agree to receive recurring automated marketing text messages (e.g. cart reminders) from Road Armor and third parties acting on its behalf. Consent is not a condition to obtain goods or services. Msg & data rates may apply. Msg frequency varies. Reply HELP for help and STOP to cancel.

 

 

Road Armor’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms by this reference. To view Road Armor’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 

 

 

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Road Armor’s control, and Road Armor is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. 

 

 

ROAD ARMOR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ROAD ARMOR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ROAD ARMOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ROAD ARMOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ROAD ARMOR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR Sole REMEDY AGAINST ROAD ARMOR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. 

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action. 

Road Armor reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. 

 

 

Except where prohibited by law, in no event will Road Armor be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Road Armor has been advised of the possibility of such damages.

 

 

You agree to indemnify and hold Road Armor, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Road Armor by any third party due to or arising out of or in connection with your use of the Site.

 

 

Road Armor may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Road Armor’s rights or property, or the rights or property of visitors to or users of the Site, including Road Armor’s customers. Road Armor reserves the right at all times to disclose any information that Road Armor deems necessary to comply with any applicable law, regulation, legal process or governmental request. Road Armor also may disclose your information when Road Armor determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Road Armor may preserve any transmittal or communication by you with Road Armor through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Road Armor determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Road Armor, its employees, users of or visitors to the Site, and the public.

You agree that Road Armor may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Road Armor, for which monetary damages would be inadequate, and you consent to Road Armor obtaining any injunctive or equitable relief that Road Armor deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Road Armor may have at law or in equity. 

You agree that Road Armor may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. 

If Road Armor does take any legal action against you as a result of your violation of these Terms, Road Armor will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Road Armor. You agree that Road Armor will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

 

 

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Dallas County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Road Armor and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

 

Road Armor administers and operates the Site from its location in Dallas, Texas USA. Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside of the United States. Road Armor reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United State, you do so on your own initiative and you are solely responsible for complying with such jurisdiction’s applicable laws. 

 

 

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. 

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Road Armor with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Road Armor with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Road Armor, Road Armor will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Road Armor’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Road Armor of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Road Armor and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.