PLEASE NOTE THAT SECTION 10 BELOW CONTAINS A MANDATORY ARBITRATION PROVISION OF ALL CLAIMS EXCEPT FOR THOSE THAT CAN BE HEARD IN SMALL CLAIMS COURT. IF YOU DO NOT WISH TO ACCEPT THIS MANDATORY ARBITRATION PROVISION (INCLUDING A WAIVER OF ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION), YOU SHOULD NOT USE THIS SITE OR THE OTHER WEB SITES DESCRIBED BELOW.
Please read the following terms and conditions of use (the “Terms”) carefully before using this web site. These Terms govern your use of the following web sites and are binding between you and Superior International Industries, Inc., which does business under the name Superior Recreational Products.
These Terms apply to all of the following web sites:
Collectively we refer to these web sites as the “Web Sites” and individually as the “Site.”
1. Purpose of these Web Sites
These Web Sites are made available to you solely for informational, non-commercial use; nothing herein constitutes an offer to sell, lease, or provide any goods or services.
2. Information Relating to Employment Opportunities
We are an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin, disability status, protected veteran status, or any other characteristic protected by law. Superior International Industries, Inc. is an Equal Employment Opportunity/Affirmative Action (M/F/V/D) and Drug-Free Workplace employer. We verify employment eligibility using E-Verify as required by the U.S. Department of Homeland Security and the Georgia Department of Labor. Drug screening is required for all new hires.
3. Acceptance of Terms
4. Limited Authorization to Use Protected Material
The Web Sites are protected by the Copyright Law of the United States. Superior International Industries, Inc. grants you permission to access the Web Sites for the sole purpose of learning about our products and services or as a portal to information about employment opportunities. You may not use this information for competitive purposes or to otherwise mine data about our products and services. Provided you use the Web Sites in accordance with these Terms, we also grant you permission to display, download, and reproduce information posted on the Web Sites, (the “Information”) subject to your agreement to abide by these Terms: You may display, download, and reproduce the Information solely for non-commercial or business purposes within your organization and you must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the Information you display, download, or reproduce. With the exception of the foregoing limited authorization, you are not granted any license to or right in connection with the Web Sites.
The Web Sites may contain or reference trademarks, patents, trade secrets, technologies, products, logos, processes, or other proprietary rights (the Intellectual Property). The Intellectual Property is the property of its respective owner, which may be Superior International Industries, Inc. and/or other parties. Except as otherwise expressly stated herein, you are not granted any license to use, or right in, the Intellectual Property. Non-compliance, to any degree, with these Terms constitutes a material breach of these Terms and immediate forfeiture of the above limited authorization.
5. Accuracy, Limitation of Liability, and Exclusion of Warranties
We make reasonable efforts to ensure that the Information is accurate and up to date. Nevertheless, your use and browsing of these Web Sites is exclusively at your own risk. Superior International Industries, Inc. makes no warranties, express or implied, with respect to the use of the Web Sites or the Information. We expressly disclaim any express or implied warranty of accuracy or quality and any implied warranty of merchantability, fitness for a particular purpose, or non-infringement and assumes no liability for any errors and/or omissions in the Information.
The images and other product information displayed on the Web Sites are reasonable representations those items. However, as state and federal regulations change, we may modify some products with respect to the connecting parts or their design or in other ways in order to comply with these new requirements. You should always discuss the products you are buying with your sales representative to ensure that you understand all the details of those products before committing to buying any product from Superior International Industries, Inc.
Superior International Industries, Inc. also expressly disclaims any liability for any damage to or viruses that may infect your computer equipment or other property as you access or browse this Site, the other Web Sites, or download material from this Site or the other Web Sites.
Under no circumstances shall Superior International Industries, Inc. be liable for any indirect, incidental, special, consequential, or punitive damages whether in an action in contract or tort (including negligence and strict liability) resulting from its performance or any failure to perform under these Terms, even if Superior International Industries, Inc. has been advised of the possibility of such damages. Our sole liability hereunder shall never exceed $500.00.
6. Non-proprietary Treatment of Information You Provide
Any communication you make with us via the Web Sites will be treated as non-proprietary. Superior International Industries, Inc. is free to use any idea, concept, or invention created by you and transmitted to it via this Site or the Web Sites, notwithstanding any limiting language you may use when transmitting such information. If you do not want us to use your idea unless we pay you a fee, or agree to other terms, do not transmit it to us via this Site or any of the Web Sites.
8. Links to Third Party Sites
The Web Sites may contain links to other web sites or frame information from other web sites that are not under our control. These links and/or frames are provided to you only as a convenience.
Superior International Industries, Inc. makes no endorsements, warranties, or representations of any kind whatsoever regarding those third party web sites, including the products, software, materials, services, content, or accuracy or appropriateness of content on such linked web sites. Your decision to access any such other web sites shall be entirely at your own risk and discretion. In particular, please note that the policies of other sites linked to the Sites may be materially different than these Terms, including with respect to the use and collection of personal information.
No permission is hereby granted to you to link from any other web site to any portion of the Web Sites or to frame any content contained on the Web Sites without our prior written permission.
9. Intended Audience; Local Laws
These Web Sites and the services described herein are intended for adult individuals only. Superior Recreational Products does not collect any personally identifiable information about children under the age of 18.
This Site is controlled by Superior International Industries, Inc. from its offices within the State of Georgia, United States. These Web Sites can be accessed from all states in the United States, as well as from other countries. Each of these jurisdictions has laws that may differ from those of the State of Georgia. By accessing the Web Sites, you agree that all matters relating to access to or use of the Web Sites or any other linked web site shall be governed by the applicable laws of the State of Georgia and the laws of the United States of America, without regard to the conflicts of laws principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Your use of the Web Sites is void where prohibited by laws in jurisdictions to which you are otherwise subject and you agree that you shall not visit or use the Web Sites in any such circumstances. You agree and acknowledge that your use of the Web Sites, and all transactions occurring in connection with the Web Sites, shall be deemed to have occurred and taken place solely in the State of Georgia, United States.
10. Dispute Resolution
How to Resolve a Dispute with Us
We offer the following process to help you resolve a complaint or dispute that you may have with us related to or arising out of your use of the Sites.
Step 1. Notice of Legal Dispute
You must first try to resolve any formal complaint or dispute with us through our Notice of Legal Dispute process. You begin by submitting a “Notice of Legal Dispute” by U.S. Mail to:
Superior Recreational Products
Attention: Notice of Legal Dispute
1050 Columbia Drive
Carrollton, GA 30117
A “Notice of Legal Dispute” is a written form in which you provide your name, address, contact information, the facts regarding your Dispute, and the relief you are requesting from us. You can get a Notice of Legal Dispute form by clicking here.
You and Superior International Industries, Inc. (we) will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Legal Dispute is received by us. After sixty (60) days, you or we may initiate arbitration as described below.
You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversies between you and us arising out of or related to your use of the Site whether in contract, warranty, tort, laws, or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 60 days from when we received your Notice of Legal Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we may also have the right to bring an individual action before a small claims court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us.
The Federal Arbitration Act applies to this Agreement. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes (except small claims) in court before a judge or jury. Instead, a neutral arbitrator will resolve all Disputes. To read more about arbitration, visit www.adr.org.
The American Arbitration Association (the “AAA”) will conduct any arbitration under its Commercial Arbitration Rules. If you are an individual and use the services for personal or household use, the AAA’s Consumer Arbitration Rules will apply. You may begin arbitration with us by completing a Demand for Arbitration form, available by clicking here.
The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us.
If your claim in arbitration is $75,000 or less, we will pay your filing fee, as well as other filings, AAA, and arbitrator’s fees and expenses. For all other arbitrations you initiate, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. Information about filing fees for commercial arbitrations can be found in Section L-3 of AAA’s Commercial Arbitration Rules. If we, instead of you, initiate arbitration, we will pay all filing, AAA, and arbitrator’s fees and expenses. You may initiate arbitration only in your county of residence or in Carroll County, Georgia. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Please be advised that if an arbitrator finds that the arbitration was frivolous or brought for an improper purpose, then we will seek to recover from you our AAA arbitrator’s fees and expenses, and/or your filing fees that we paid.
Small Claims Option
You may also litigate any Dispute in small claims court in your county of residence or in Carroll County, Georgia, USA if the Dispute meets all requirements to be heard in the small claims court. However, if you initiate a small claims case, you are responsible for all court costs and any other expenses you may incur.
You Waive Any Class Action Claim
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims.
If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Unless you and we agree otherwise, in the event that this Section 10 of the Terms is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Carroll County, Georgia or in United States District Court for the Northern District of Georgia. You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF GEORGIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATED TO OR ARISING OUT OF THE SITES; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF GEORGIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
YOU SHOULD NOT USE THIS SITE OR ANY OF THE OTHER WEB SITES IF YOU DO NOT WISH TO AGREE TO THESE PROVISIONS.
11. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The one-year period begins on the date when a Notice of Legal Dispute is filed with us. You agree you are permanently barred to bring a claim for your Dispute if you do not file your claim within one year
We reserve the right to modify and add to these Terms at any time without prior notice by posting the new terms and conditions on the Web Sites. We will indicate next to the link to the Terms on the Web Sites the date it was last updated so you can easily and quickly monitor if there have been any changes to these Terms. In any event, you should periodically review these Terms for updates. Use of the Web Sites after such posting of any modifications or additions shall constitute your acceptance of the new Terms as indicated above.
If Superior International Industries, Inc., in its sole discretion, determines that a violation of these Terms has occurred, we may pursue any of the legal remedies available to us. However, our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms contain the entire agreement between you and Superior International Industries, Inc. relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject matter hereof.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
We are committed to providing the best possible experience for users of the Web Sites. If you observe material or behavior that may violate these Terms, or material that you believe may be infringing another's rights, please contact Web Master at email@example.com.
Last updated: February 26, 2016