PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. RITCHIE INDUSTRIES, INC. (“RITCHIE INDUSTRIES”), may modify these Terms and Conditions at any time.

Restrictions On Use of the Website and its Materials

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by RITCHIE INDUSTRIES and/or its subsidiaries for your personal use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

This site is controlled and operated by RITCHIE INDUSTRIES from its offices within the State of Iowa, United States of America. RITCHIE INDUSTRIES makes no representation that materials in the site are appropriate or available for use in other locations. PDFs and other downloadable material on this site may not apply to your specific region and/or state.

Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the website: (i) in any way that violates any applicable federal, state, local, or international law or regulation; (ii) to transmit, or procure the sending of, any advertising or promotional material; (iii) to impersonate or attempt to impersonate RITCHIE INDUSTRIES, a RITCHIE INDUSTRIES employee, another user, or any other person or entity associated with any of the foregoing); or (iv) 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 RITCHIE INDUSTRIES or users of the website, or expose them to liability.  Additionally, you agree not to: (i) use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website; (ii) 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; (iii) use any device, software, or routine that interferes with the proper working of the website; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website.

 

Disclaimers and Limitation of Liability; Forward-Looking Statements

RITCHIE INDUSTRIES may change, move or delete portions of, or may add to, this website from time to time.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. RITCHIE INDUSTRIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

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. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RITCHIE INDUSTRIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RITCHIE INDUSTRIES DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. RITCHIE INDUSTRIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RITCHIE INDUSTRIES BE LIABLE FOR 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,  THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY DOWNLOADED MATERIALS, EVEN IF RITCHIE INDUSTRIES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RITCHIE INDUSTRIES’ TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO RITCHIE INDUSTRIES, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Submissions

You are solely responsible for the content of any information you provide to the website. You agree that no information submitted by you to this website will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party.

Contents and Hyperlinks

This website may contain hyperlinks to independent third-party websites, and those websites are the sole responsibility of such independent third parties and use thereof is solely at your own risk. RITCHIE INDUSTRIES has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website.

Use of Personal Data

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” located at: [INSERT HYPERLINK].  You consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information 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.  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 and Conditions.

Purchasing Products

We currently offer our products on the website and through selected retailers. The Site does not allow for online sales outside the United States.
If you choose to purchase products through the website, our standard terms and conditions of sale, product warranty, and return policies. If you have an issue with any products purchased through the website or any of the U.S.-based retailers, please contact our Consumer Service team and we will handle issues on a case-by-case basis.

If you choose to purchase products through the website, .  If you have an issue with any products purchased through the website or any of the U.S.-based retailers, please contact our Consumer Service team and we will handle issues on a case-by-case basis.

Pricing

All prices on this website are listed in U.S. Dollars, where applicable. Where products are offered for sale, prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order. Sales tax is estimated at the time the product is purchased.

In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and Conditions, 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 Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, although RITCHIE INDUSTRIES retains the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions 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 AND CONDITIONS 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.

Indemnification

You agree to indemnify, defend and hold harmless RITCHIE INDUSTRIES and its affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the website.  Such acts may include but are not limited to providing content to or communicating with RITCHIE INDUSTRIES or its affiliates, unauthorized use of material obtained through the website, engaging in a prohibited activity, or any other action that breaches these Terms and Conditions.

Website Availability

RITCHIE INDUSTRIES cannot guarantee the website will be available 100% of the time because public networks, such as the internet, occasionally experience disruptions and occasional maintenance is necessary to keep the online experience current and compliant.  Although RITCHIE INDUSTRIES strives to provide the most reliable website reasonably possible, interruptions and delays in accessing the website are unavoidable and RITCHIE INDUSTRIES disclaims any liability for damages resulting from such problems.

By providing the services on the website, RITCHIE INDUSTRIES does not in any way promise that the services will remain available to you. RITCHIE INDUSTRIES is entitled to terminate all or part of any of the website at any time, in its sole discretion without notice to you.

Termination

These Terms and Conditions are effective unless and until terminated by either you or RITCHIE INDUSTRIES. You may terminate these Terms and Conditions at any time by no longer using this website, provided that all prior uses of this website shall be governed by these Terms and Conditions. RITCHIE INDUSTRIES may terminate these Terms and Conditions at any time and without notice, and accordingly deny you access to this website, in RITCHIE INDUSTRIES’ sole discretion for any reason, including your failure to comply with any term or provision of these Terms and Conditions. Upon any termination of these Terms and Conditions by either you or RITCHIE INDUSTRIES, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.