Terms & Conditions of Use



Welcome to flyritechoppers.com (the "Site").

This Site is owned and operated by Flyrite Choppers, Inc. ("FRC"). Please read these Terms and Conditions of Use ("Terms of Use") carefully. By accessing the Site or using any of the services provided on the Site, you are agreeing to all of the terms and conditions contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, then you should leave this site immediately. FRC reserves the right to modify or update these Terms of Use without notice at any time. Your continued access of the Site and/or use of the services provided on the Site following the posting of any additional or different terms in the Terms of Use constitutes your acceptance of those additional or different terms. These Terms of Use shall not apply to your use of any other websites, including websites operated by companies affiliated with Flyrite Choppers.

Privacy

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices at: http://www.flyritechoppers.com/Legal/privacy.html

Proprietary Rights

You acknowledge and agree that all content and materials made available on the Site, such as designs, images, text, software, editorial materials, data, photographs, illustrations, audio clips, video clips, digital streams and downloads, footage, features, artwork and other graphic materials, names, logos, icons, trademarks and service marks, and the compilation of all content and materials on the Site are the exclusive property of FRC and its suppliers and licensors and are protected by United States and international intellectual property laws. You may use, display and print one copy of the content and materials on the Site on a single computer for your noncommercial and personal use only, provided that you maintain all copyright and other proprietary notices contained in such content or materials. You agree not to reproduce, download (other than page caching), modify, create derivative works of, publicly display or perform, distribute, transmit, disseminate, broadcast, publish, adapt, sell, license or rent any content or materials made available on the Site (including, without limitation, display or distribution via a third party website) without FRC's prior written consent. You may not frame or utilize framing techniques to enclose any content or materials (including images, text, video or audio clips) on the Site or create a hyperlink (or any other link) to the Site accessing such content or materials without FRC's prior written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available on the Site. In addition, FRC reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. FRC may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Your Information

You may be directed to provide FRC information about yourself in connection with purchasing items as made available on the Site or otherwise in responding to or participating in promotions or offers provided on the Site. You agree that all information you provide to FRC will be true and accurate.

Risk of Loss

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

FRC attempts to be as accurate as possible. However, FRC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Site itself is not as described, your sole remedy is to return it in unused condition.

Order Acceptance

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. FRC reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Additionally, shipping quotes and specials on the website are for the contiguous 48 states and may be higher to Hawaii and Alaska. International orders must be approved and quoted via e-mail.

Linked Websites & Advertisers

FRC and its affiliates are not responsible for the content or practices of unaffiliated third party websites that may be linked to the Site. You agree that FRC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such on the Site. FRC is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by FRC of the site and/or any of its content therein.

Disclaimers

ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." FRC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRC AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT (I) THE SITE OR ANY OF THE CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE ON THE SITE IS ACCURATE, TIMELY, COMPLETE OR RELIABLE, (II) THE SITE WILL BE AVAILABLE AT ANY PARTICULAR LOCATION OR TIME , (III) THE SITE WILL BE SECURE OR ERROR-FREE, (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED OR (V) THAT THE CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR PROGRAMS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL FRC OR ITS AFFILIATES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR DIRECT DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION SHALL APPLY TO ANY CLAIM WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF FRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, FRC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to defend, indemnify and hold FRC and its parent companies, subsidiaries and affiliates, together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site, (ii) your breach or alleged breach of these Terms of Use or (iii) your violation of any law, regulation, rule or rights of others.

Termination

You agree that FRC, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site at any time if FRC believes that you have violated or acted inconsistently with these Terms of Use or any applicable law, rule or regulation or that you have engaged in conduct that FRC determines to be inappropriate or unacceptable.

Refunds & Exchanges

FRC is happy to refund or exchange merchandise that is returned to us in new condition. If the reason for exchange is our fault (we sent the wrong item from what you ordered) we will incur the cost of re-shipping. If it was your mistake (wrong size, wrong part, wrong address provided, etc.) you will need to pay shipping to get the replacement item back to you. Frames and frames purchased in chassis kits are non-refundable and may only be exchanged in the event of material defect or damages incurred during shipping. Returned (non-frame/chassis) parts and deposits are subject to a 25% restocking fee. Any associated PayPal fees will not be refunded.

Certain items may be sold as blemished or close-out and are non-refundable/non-exchangeable. These items will be marked as such in description and at check-out.

In addition, items purchased under layaway are subject to the terms & conditions as outlined in the Layaway Contract.

In the event of damages incurred during shipping, the purchaser agrees to work with the shipping company to pursue a claim and exchange will only take place upon successful reimbursement of claim to Flyrite Choppers.

E-mail flyrite@flyritechoppers.com if you need a refund or exchange.

Miscellaneous

These Terms of Use constitutes the entire agreement between you and FRC with respect to the subject matter hereof and supersedes all prior and contemporaneous communications and understandings (whether oral, written or electronic). If any part of these Terms of Use is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts made and fully performed therein, without regard to conflicts of laws. The sole jurisdiction and venue for actions relating to these Terms of Use or otherwise relating to the Site shall be the state and federal courts located in Austin, Texas and each party irrevocably submits to the exclusive jurisdiction of such courts.

If you have any questions or concerns about these Terms of Use or any issues raised by these Terms of Use or on this Site, please contact us at:

flyrite@flyritechoppers.com