TKW Powersports and Trailer Sales
Authorized Odes Industries Dealer
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ODES INDUSTRIES. The collective work includes works that are licensed to ODES INDUSTRIES. Copyright 2003, ODES INDUSTRIES ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ODES INDUSTRIES or purchasing ODES INDUSTRIES products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ODES INDUSTRIES or to purchase ODES INDUSTRIES products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ODES INDUSTRIES. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of ODES INDUSTRIES used in the site are trademarks or registered trademarks of ODES INDUSTRIES
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ODES INDUSTRIES disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ODES INDUSTRIES does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ODES INDUSTRIES does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
ODES INDUSTRIES shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ODES INDUSTRIES has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a ODES INDUSTRIES product is mistakenly listed at an incorrect price, ODES INDUSTRIES reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ODES INDUSTRIES reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ODES INDUSTRIES shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ODES INDUSTRIES without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
ODES INDUSTRIES may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ODES INDUSTRIES.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ODES INDUSTRIES products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ODES INDUSTRIES products) must be commenced within one (1) year after the claim or cause of action arises. ODES INDUSTRIES's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ODES INDUSTRIES may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ODES INDUSTRIES or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
ODES INDUSTRIES does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ODES INDUSTRIES is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ODES INDUSTRIES reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ODES INDUSTRIES in its sole discretion.
You agree to indemnify, defend, and hold harmless ODES INDUSTRIES, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, ODES INDUSTRIES may link to sites operated by third parties. However, even if the third party is affiliated with ODES INDUSTRIES, ODES INDUSTRIES has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ODES INDUSTRIES. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ODES INDUSTRIES seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Waiver of Liability
I, as Rider, acknowledge and agree to be above 18 years of age. I, as Rider, acknowledge and understand that riding an all-terrain-vehicles, Utility Vehicle, Side By Side, MUV, UTV is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders. I, as Rider, understand that these activities can result in serious injury or even death to the person and damages to property and voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles advertised on our website. I, as Rider, am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of these vehicles as well as the inherent risks, hazards and dangers of personal injury and disability increase with inexperienced riders. I, as Rider, agree to release and forever discharge ODES INDUSTRIES or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf and the manufacture from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to your participation or use of these vehicles, use of equipment or property supplied by ODES INDUSTRIES or its parent company or your presence upon the premises , whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the Rider, manufacture or distributor. By this Agreement, it is my intention as Rider, to surrender and waive any rights to sue or exercise any legal rights to seek damages from ODES INDUSTRIES or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf. This Agreement shall be affecting and binding upon my heirs, agents, personal representatives and assigns. I, as Rider, hereby certify that I am over the age of 18 years of age. I, as Rider, have carefully read the foregoing and acknowledge that I understand and agree to all the above Terms and Conditions. I, as Rider, therefore release all liability and waive all rights I may have in regards to my activities with ODES INDUSTRIES products, company, employees, associates, or parent company.
Legal for Products
I, as Rider, agree to read the user's manual carefully before operating an ODES INDUSTRIES vehicle. I, as Rider, agree to inspect my vehicle to be sure all nuts, bolts and chain are tight and the vehicle is safe for operations. I, as Rider, agree to wear a helmet when riding. I, as Rider, acknowledge that it is my responsibility, to ascertain and obey all local, state and federal laws in regards to the possession and use of any items ridden by ODES INDUSTRIES and its parent company. ODES INDUSTRIES and its parent company will not be liable for the misuse of any products ridden by ODES INDUSTRIES and its parent company or any of its distributors or agents. I, as Rider, have read this waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, and understand that I, as Rider, am giving up substantial rights by agreeing to this waiver and have brought it freely and voluntarily without any inducement, assurance or guarantee being made to me. My signing this document is to be considered as a complete an unconditional release of all liability to the greatest extent allowed by law.