RAX reserves the right to change the terms, conditions, and notices under which the RaxUSA Sites/Services are offered, including but not limited to the charges associated with the use of the RaxUSA Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the RaxUSA Sites/Services constitutes your agreement to all such terms, conditions, and notices.

The RaxUSA Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of RAX, and RAX is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RAX is not responsible for web casting or any other form of transmission received from any Linked Site nor is RAX responsible if the Linked Site is not working appropriately. RAX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RAX of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the RaxUSA Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. RAX shall not be responsible or liable for any part of any such dealings or promotions.

As a condition of your use of the RaxUSA Sites/Services, you will not use the RaxUSA Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the RaxUSA Sites/Services in any manner that could damage, disable, overburden, or impair any RaxUSA Site/Service(s) (or the network(s) connected to any RaxUSA Site/Service(s)) or interfere with any other party's use and enjoyment of any RaxUSA Site/Service(s). You may not attempt to gain unauthorized access to any RAX Site/Service, other accounts, computer systems or networks connected to any RaxUSA Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the RaxUSA Sites/Services.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RAX SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE RAX SITES/SERVICES AND TO THE INFORMATION THEREIN. RAX AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE RAX SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE RAX SITES/SERVICES SHOULD NOT BE RELIED UPON FOR ANY FINANCIAL DECISIONS

RAX AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE RAX SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RAX AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT RAX SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN RAX SITE/SERVICE. YOU SPECIFICALLY AGREE THAT RAX IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT RAX IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN RAX SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL RAX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RAX SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE RAX SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RAX SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE RAX SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RAX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RAX SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RAX SITES/SERVICES.

RAX MAKES NO WARRANTY THAT ANY RAX SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

RAX reserves the right, in its sole discretion, to terminate your access to any or all RAX Sites/Services and the related services or any portion thereof at any time, without notice.

RAX may also terminate or suspend your access to RaxUSA Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by RAX. Upon termination of the RaxUSA Site/Service, your right to use the RaxUSA Site/Service immediately ceases.

RAX shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

The laws of the State of California, U.S.A., govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the RaxUSA Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RAX as a result of this agreement or use of the RaxUSA Sites/Services. You agree to indemnify and hold RAX, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the RAX Sites/Services. RAX reserves the right to disclose any personal information about you or your use of the RaxUSA Sites/Services, including its contents, without your prior permission if RAX has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of RAX or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. RAX's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RAX's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RaxUSA Sites/Services or information provided to or gathered by RAX with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RAX with respect to the RAX Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RAX with respect to the RaxUSA Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All contents of the RAX and Affiliated Web Sites are: Copyright © 1998 - 2008 RAX Skateboard Distribution, Inc. and/or its suppliers, 12220 Parkway Centre Drive, San Diego, CA 92064 U.S.A. All rights reserved.

TRADEMARKS. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.