These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and \ VCarts/Ultimate ATV(“we,” “us,” or “our”), concerning your access to and use of the \[WebsiteName.com] website, as well as any related media forms, mobile websites, or applications (collectively, the “Site”).

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By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree, you are expressly prohibited from using the Site and must discontinue use immediately.

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Supplemental terms and conditions or documents posted to the Site from time to time are hereby incorporated by reference. We reserve the right to modify these Terms and Conditions at any time and for any reason, at our sole discretion. We will notify users of changes by updating the “Last updated” date at the top of this page. Your continued use of the Site constitutes acceptance of the updated Terms and Conditions.

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The Site is not intended for use in jurisdictions where such use would violate local laws or require additional registration. Users who choose to access the Site from outside the United States do so at their own initiative and are responsible for local law compliance.

 

ELIGIBILITY

The Site is intended for users aged 14 and older. If you are under 18, you must have permission from a parent or guardian, who must supervise your use of the Site. Your parent or guardian must also agree to these Terms and Conditions.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, all content on the Site—including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and trademarks (collectively, the “Content” and “Marks”)—is owned or licensed by us and protected by intellectual property laws.

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The Content and Marks are provided “AS IS” for personal, non-commercial use only. No part of the Site may be copied, reproduced, published, sold, licensed, or exploited for commercial purposes without our prior written consent.

 

Provided you are eligible to use the Site, you are granted a limited license to access and use it and to download or print portions of the Content for your personal, non-commercial use. We reserve all rights not expressly granted.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. All registration information you submit is true, accurate, current, and complete;

2. You will maintain and promptly update your registration information;

3. You have legal capacity and agree to comply with these Terms and Conditions;

4. You are not under the age of 14;

5. You are not a minor in your jurisdiction, or, if a minor, have received parental permission;

6. You will not access the Site using automated or non-human means (e.g., bots or scripts);

7. You will not use the Site for any illegal or unauthorized purpose;

8. Your use of the Site does not violate any applicable law or regulation.

 

If you provide false or incomplete information, we reserve the right to suspend or terminate your account and deny current or future access to the Site.

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Let me know if you'd like help completing the rest of the Terms (e.g., disclaimers, limitation of liability, dispute resolution, return policy, etc.).
 

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

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[(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;]

(3) you have the legal capacity and you agree to comply with these Terms and Conditions;

[(4) you are not under the age of 14;]

(5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site];

(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

(7) you will not use the Site for any illegal or unauthorized purpose;

(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

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USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

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PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than those for which we make it available. The Site may not be used in connection with any commercial activities except those that are specifically endorsed or approved by us.

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As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

• Make any unauthorized use of the Site, including collecting usernames and/or email addresses for the purpose of sending unsolicited emails or creating user accounts by automated means or under false pretenses.

• Use any buying or purchasing agent to make purchases on the Site.

• Use the Site to advertise or offer to sell goods and services without our authorization.

• Circumvent, disable, or interfere with security-related features of the Site, including features that restrict the use or copying of any Content or enforce limitations on the use of the Site.

• Engage in unauthorized framing of or linking to the Site.

• Trick, defraud, or mislead us or other users, especially in attempts to obtain sensitive account information such as passwords.

• Misuse our support services or submit false reports of abuse or misconduct.

• Engage in automated use of the system, including using scripts to send messages, or employing data mining, robots, or similar data-gathering tools.

• Interfere with, disrupt, or impose an unreasonable burden on the Site or the networks or services connected to it.

• Attempt to impersonate another user or use another user’s username.

• Sell or transfer your profile.

• Use information obtained from the Site to harass, abuse, or harm others.

• Use the Site or its content in a way that competes with us or for any revenue-generating purpose without our express consent.

• Decipher, decompile, disassemble, or reverse-engineer any software forming part of the Site.

• Attempt to bypass any Site measures designed to prevent or restrict access to the Site or any portion thereof.

• Harass, intimidate, or threaten any of our employees or agents providing services through the Site.

• Remove any copyright or proprietary notices from the Content.

• Copy or adapt the Site’s software, including but not limited to HTML, JavaScript, PHP, or other code.

• Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with the functionality of the Site.

• Upload or transmit any material that functions as a passive or active information collection mechanism, such as clear gifs, pixels, web bugs, cookies, or other spyware or tracking tools.

• Use, launch, or develop any automated system (e.g., spiders, bots, cheat utilities, scrapers, offline readers) that accesses the Site, or use unauthorized scripts or software.

• Disparage, tarnish, or otherwise harm us or the Site, in our opinion.

• Use the Site in a way that violates applicable laws or regulations.

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GUIDELINES FOR REVIEWS

We may provide areas on the Site where users can post reviews or ratings.

 

When submitting a review, you agree to the following:

1. You must have firsthand experience with the product, service, or person being reviewed.

2. Your review must not contain offensive language, hate speech, or abusive content.

3. Your review must not include discriminatory references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

4. Your review must not promote or reference illegal activity.

5. You must not post negative reviews if you are affiliated with a competitor.

6. You must not make legal conclusions in your review.

7. You must not post false or misleading statements.

8. You must not organize or participate in campaigns encouraging others to leave biased reviews.

 

We reserve the right to accept, reject, or remove reviews at our sole discretion. We are under no obligation to monitor or delete reviews, even if they are considered objectionable by others. Reviews do not reflect our views or those of our affiliates or partners, and we are not liable for any claims or damages resulting from reviews.

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By posting a review, you grant us a perpetual, non-exclusive, royalty-free, worldwide license to reproduce, modify, translate, transmit, display, perform, and distribute your review content in any format or medium.

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SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms and Conditions.

2. Take legal action against anyone who violates these Terms, including reporting them to law enforcement.

3. In our sole discretion, refuse or restrict access to the Site, disable or limit availability of any content, or remove content without notice.

4. Remove or disable files or content from our systems.

5. Manage the Site in a way that protects our rights and ensures proper functioning.

 

PRIVACY POLICY

We care about your privacy and data security. Please review our [Privacy Policy]. By using the Site, you agree to the terms of our Privacy Policy, which is incorporated into these Terms and Conditions.

Please note: the Site is operated in the United States. If you are accessing the Site from other regions with different data protection laws, your continued use of the Site means you consent to transferring your data to the United States and processing it in accordance with U.S. laws.

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We do not knowingly solicit or collect information from children. In accordance with the Children’s Online Privacy Protection Act (COPPA), if we become aware that we have collected personal information from a child under the age of 14 without verified parental consent, we will delete it as soon as reasonably possible.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

We respect the intellectual property rights of others. If you believe that content available on or through this site infringes your copyright, please send a Notification to our Designated Copyright Agent at:

 

Nolte Lackenbach Siegel
Attn: Copyright Agent
111 Brook Street, Suite 101​
Scarsdale, New York  10583
Email: info@nls.law

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DMCA Notification Requirements

To be effective under 17 U.S.C. § 512(c)(3), your notification must include:

1. Your physical or electronic signature.

2. Identification of the copyrighted work(s) claimed to have been infringed.

3. Identification of the infringing material and its location on the site.

4. Your contact information (address, phone number, and email).

5. A statement that you believe in good faith the use is not authorized by the copyright owner, its agent, or the law.

6. A statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.

 

A copy of your notification may be sent to the party that posted the content. Be aware that false claims may result in liability for damages under federal law.

 

TERMINATION OF USE

We reserve the right to terminate or suspend your access to the site at any time, for any reason, including violation of these Terms. This may include blocking IP addresses or deleting your account and content without notice. If your access is terminated, you are prohibited from creating a new account under your name or another’s.

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We may pursue legal remedies, including civil or criminal proceedings, for any misuse or unlawful activity.

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SITE MODIFICATIONS AND AVAILABILITY

We may update, modify, or remove content or features of the site at any time without notice. While we aim for uninterrupted service, we cannot guarantee the site will always be available due to maintenance or technical issues. We are not liable for any downtime or data loss.

We are not obligated to maintain, update, or release content, features, or fixes.

 

 

GOVERNING LAW

These Terms and your use of the site are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any legal disputes shall be resolved in the state or federal courts located in Texas.

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DISPUTE RESOLUTION

Option 1: Litigation in Texas Courts

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Harris County, Texas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is expressly excluded from these Terms and Conditions.

In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose.

 

Option 2: Informal Negotiations and Arbitration

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Informal negotiations begin upon written notice from one Party to the other.

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Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), available at www.adr.org.

Arbitration fees and arbitrator compensation shall be governed by the AAA Consumer Rules and, if deemed excessive by the arbitrator, we will pay all arbitration-related fees. Arbitration may be conducted in person, via documents, phone, or online. The arbitrator must apply applicable law and may be challenged for failure to do so.

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Unless otherwise required by AAA rules or applicable law, arbitration will take place in Harris County, Texas. The Parties may go to court to compel arbitration, stay proceedings, or confirm/vacate an award.

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If any part of this arbitration clause is found to be unenforceable, the Dispute shall be resolved in the courts of Harris County, Texas, and the Parties consent to personal jurisdiction therein.

No arbitration shall be joined with another proceeding. Disputes may not be arbitrated on a class-action basis or in any representative capacity.

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Exceptions to Arbitration

The following Disputes are excluded from arbitration:

• Enforcement or validity of a Party’s intellectual property rights;

• Allegations of theft, piracy, invasion of privacy, or unauthorized use;

• Claims for injunctive relief.

 

Option 3: Direct to Binding Arbitration (No Informal Negotiations)

If preferred, the Parties may instead elect to bypass informal negotiations and proceed directly to binding arbitration under the same AAA rules as outlined above. All limitations, procedures, exceptions, and jurisdictional clauses from Option 2 apply here as well, excluding the 30-day negotiation requirement.

In this case, no Dispute may be commenced more than 1 year after the cause of action arose.

 

CORRECTIONS

The Site may contain typographical errors, inaccuracies, or omissions regarding descriptions, pricing, availability, or other content. We reserve the right to correct these and to update or change Site content at any time without prior notice.

 

DISCLAIMER

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

• ACCURACY OR COMPLETENESS OF SITE CONTENT OR LINKED SITES;

• UNAUTHORIZED ACCESS TO OR USE OF SERVERS, DATA, OR PERSONAL INFORMATION;

• INTERRUPTIONS OR ERRORS IN SITE FUNCTIONALITY;

• VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT FROM THIRD PARTIES;

• LOSS OR DAMAGE FROM ANY CONTENT POSTED OR TRANSMITTED VIA THE SITE.

 

WE DO NOT GUARANTEE OR ENDORSE THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED THROUGH THE SITE OR LINKED SITES. ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTIES ARE AT YOUR OWN RISK.

 

USE SOUND JUDGMENT AND EXERCISE CAUTION WHEN ENGAGING WITH PRODUCTS OR SERVICES THROUGH ANY CHANNEL.