By visiting pkmotors210.com, you agree to PK Motors
The web pages available at https://www.pkmotors210.com and all linked pages, including all information provided at http://www.pkmotors210.com to any other website (collectively this/the “Website”) are owned and operated by PK Motors (“PK Motors”).
BY ACCESSING THIS WEBSITE OR USING ANY PART OF THIS WEBSITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED HEREIN), YOU AGREE TO BECOME BOUND BY THE FOLLOWING TERMS OF USE (“TERMS”). IF YOU DO NOT AGREE TO ALL THE TERMS, YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. PK MOTORS’ ACCEPTANCE OF YOUR USE OF THE SITE OR ANY OF ITS SERVICES IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL OF THE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THE TERMS ARE CONSIDERED AN OFFER BY PK MOTORS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF AT ANY TIME, YOU DISAGREE WITH THE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THIS WEBSITE AND THE SERVICE.
Binding contract.
You agree, by accessing and/or using the Website and any services offered by PK Motors (the “Service”), that this is a binding contract between You and PK Motors, and that You will abide by the Terms. PK Motors reserves the right to amend the Terms in its sole discretion without notice to You. PK Motors will exercise reasonable efforts to post a notice on the Website whenever the Terms have been amended. However, You agree that it is solely your responsibility to review the Terms periodically and that You will immediately cease use of the Website and the Service if, at any time, You find the Terms unacceptable. You agree that, by continuing to use or access the Services following notice of any revision, You have consented to and will abide by any such revision. BY ACCESSING AND USING THE WEBSITE AND/OR THE SERVICE, YOU AGREE AND AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT AND ANY AGREEMENTS REQUIRED IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR WEBSITE.
Access by Authorized Users.
Access to certain aspects of the Website or certain Services may require a username, password, or account number. You are solely responsible for all control, management, dissemination of, and creation of new usernames and passwords. You are solely responsible for ensuring that your account number is protected and not accessible for manipulation of any kind by third parties. Any access to the Website or Services via such username, account number, password, or secure link is deemed by PK Motors to be done with your authorization and You agree to be responsible for all activities that occur under your usernames and passwords including, but not limited to, any orders placed with Third Party Vendors, any access that is provided to billing information, and any security breaches. Furthermore, You agree that You will exit from your account at the end of each session and that You will not engage in any activity that interferes with or disrupts the Website or Service (or the servers and networks which are connected to the Site or Service).
Ownership.
Any and all intellectual property rights (“Intellectual Property”) associated with the Website, the Service and its contents (the “Content”) are the sole property of PK Motors, its affiliates, or third parties. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Dealers United, subject to copyright and other intellectual property rights under the laws of the United States and other countries, as well as international conventions. Content provided by PK Motors is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PK Motors reserves all rights not expressly granted in and to the Website and Services.
License.
Dealers United grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Site, Content and Services only in the manner presented by Dealers United, and (b) access and use the Dealers United computer and network services offered within the Site (the “Dealers United Systems”) only in the manner expressly permitted by Dealers United. Except for this limited license, Dealers United does not convey any interest in or to the Dealers United Systems, information or data available via the Dealers United Systems (the “Information”), Content, Services, Site or any other Dealers United property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Dealers United. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by PK Motors.
Third Party Merchants.
As part of the Services, PK Motors may furnish the opportunity for you to connect with and/or purchase certain products and/or services (“Deals”) from third party merchants (“Merchants”) in the following manners:
Outbound Links.
The Services may include links to websites of Merchants or other third parties and resources (collectively, “Linked Sites”) on the Website. These Linked Sites are provided solely as a convenience to You and not as an endorsement by PK Motors of the content on such Linked Sites or the services provided by any Merchant. PK Motors is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy and terms and conditions. Dealers United makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site or provided by any Merchant.
Inbound Links.
Linking to any page of the Website other than to https://www.pkmotors210.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with PK Motors. Any website or other device that links to https://www.pkmotors210.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that PK Motors or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with PK Motors or any of its affiliates, (e) presenting false information about PK Motors products or services, and (f) using any logo or mark of PK Motors or any of its affiliates without express written permission from PK Motors.
User Supplied Information.
Because we do not control the security of the Internet or other networks you use to access the Website or communicate with us, PK Motors cannot be, and is not responsible for, the security of information that you choose to communicate with PK Motors, the Website and, Merchants, data services, or any Advertising Platform while it is being transmitted. In addition, PK Motors is not responsible for any data lost during transmission. You will not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting data or material to any public area of this Site or the Service, you warrant that the owner of such material has expressly granted PK Motors the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also grant PK Motors the right to edit, copy, publish and distribute any material that you make available on this Website.
Restrictions on use of the Website and the Service.
In accessing and/or using the Website or Service, You are expressly prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation, (a) accessing content or data not intended for You, (b) or logging onto a server or account that You are not authorized to access, (c) attempting to breach the security or authentication measures of the Website and Service without proper and prior authorization, (d) attempting to probe, scan or test the vulnerability of the Service, the Site or any associated system or network, or, (e) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” (f) using the Website or Service to send unsolicited correspondence, including, without limitation, promotions or advertisements for products or services (excluding advertisements provided in accordance with these Terms), (g) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, or (h) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by PK Motors in providing the Website or Service. Any violation of system or network security may subject You to civil and/or criminal liability.
Termination of use of the Service or the Site.
PK Motors reserves the right to terminate your account or your access to the Website immediately, in its sole and absolute discretion, with or without notice to You, and without liability to You, if PK Motors believes that You have violated any of the Terms, furnished PK Motors with false or misleading information, failed to make any payments for Deals when due or interfered with use of the Website or the Service by others. In order to ensure the highest quality service for all users of the Website and Service, You agree that PK Motors or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Website or the Service.
Disclaimer of all Warranties.
PK MOTORS PROVIDES THE WEBSITE AND SERVICE ON AN “AS IS,” AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. PK MOTORS MAKES NO WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR THE SERVICE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR DEALS PROVIDED THROUGH THIS WEBSITE OR BY MERCHANTS. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF SITE OR SERVICES IS WITH YOU. IN ADDITION, PK MOTORS DOES NOT WARRANT THE SECURITY OF THE WEBSITE OR SERVICE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. PK MOTORS IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE WEBSITE OR SERVICE.
Limitation of Liability.
IN NO EVENT WILL PK MOTORS BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE WEBSITE OR SERVICE, ANY AND ALL DEALS, SERVICES, PRODUCTS OR REPRESENTATIONS PROVIDED BY MERCHANTS OR ANY AGREEMENT BETWEEN YOU AND A MERCHANT. PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE OR SERVICE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICE OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE WEBSITE OR SERVICE, EVEN IF PK MOTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, PK MOTORS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Potential Disruption of Service.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Website access may be interrupted, suspended, or terminated. PK Motors retains the right at our sole discretion to deny service, or restrict access to the Website to anyone or an account, at any time, and for any reason.
Indemnification.
You agree to indemnify, defend, and hold harmless PK Motors, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from your unauthorized or illegal access to or use of the Website or the Service, your material violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. PK Motors will notify You in writing of any such claim, loss, liability, or demand.
Refunds and Return Policy.
PK Motors provides specific terms and conditions for each deal offered to it’s customers. Included in each deal is specific language about the terms of the contract. Please refer to the contract specific to the deal you purchased. NO REFUNDS are issued for payments submitted through this Website. ALL SALES THROUGH THE WEBSITE ARE FINAL.
Governing Law and Arbitration.
This Agreement will be construed in accordance with and governed by the laws of the state of Texas, without reference to its rules regarding conflicts of law, except for the arbitration agreement below, which will be subject only to the Federal Arbitration Act. You agree that any disputes, concerns, complaints, or claims You may have regarding PK Motors, the Website or the Service (“Disputes”), will be determined exclusively by arbitration before one arbitrator in an arbitration administered by and governed by the American Arbitration Association (“AAA”). The venue for any arbitration will be San Antonio, TX, or the closest available location thereto, pursuant to AAA Arbitration Rules and Procedures. The arbitrator may, in his or her award, allocate all or part of the costs of the arbitration, including arbitration fees and reasonable attorney fees of the prevailing party. Judgment on the award of the arbitrator may be entered in and enforced by any court of competent jurisdiction. YOU EXPRESSLY AGREE THAT ANY AND ALL DISPUTES RELATING TO THE ENFORCEMENT, BREACH, TERMINATION, SCOPE OR VALIDITY OF THE TERMS SHALL BE SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS. Any arbitration conducted in accordance with the Terms shall be governed exclusively by the Federal Arbitration Act.
General terms.
If any term or condition in these Terms is found to be unenforceable by an arbitrator or court of competent jurisdiction, all other terms and conditions shall remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Should You breach any provisions of the Terms, PK Motors shall be entitled to recovery of all damages due to your breach, including, without limitation, all costs (including reasonable attorney fees) incurred to enforce its rights under these Terms.
PK Motors is a Texas company and the Website and Service are controlled, maintained and operated by PK Motors from its offices in the state of Texas. PK Motors makes no representation that any of the inventory available on the Website or through the Service are available or appropriate for use in other locations. You understand that your access or use of the Website or the Service, should not be construed as PK Motors’ purposeful availment of the benefits or privilege of doing business in any state or jurisdiction other than Texas.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
If you have any questions, please visit https://pkmotors.com/contact-us/ , or send an email to pkmotors210@gmail.com.
