XTREME DUTY OFF-ROAD PRODUCTS . This Dalriada Enterprises Internet Web Site Agreement (the "Agreement") is between you and Dalriada Enterprises (“Dalriada”) with a principal place of business at Tulsa, Oklahoma. Use of the Dalriada Enterprises Internet Web site (“Dalriada Web Site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement: 1.   Acknowledgement of Terms and Conditions You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS DALRIADA WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Dalriada Web Site. 2.   Monitoring and Use of Information Dalriada may monitor your use of this Dalriada Web Site, and may freely use and disclose any information and materials received from you or collected through your use of the Dalriada Web Site for any lawful reason or purpose. 3.   Changes to this Agreement Dalriada reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Dalriada Web Site. 4.   Copyright Protection The Dalriada Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Dalriada Web Site are only for your personal, non-commercial use. All materials contained on the Dalriada Web Site are protected by copyright, and are owned or controlled by Dalriada or the party credited as the provider of the Content. All content (editorial or images) once submitted, becomes the exclusive property of Dalriada Enterprises. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Dalriada Web Site. You may download and make 2 copies of the Content and other downloadable items displayed on this Dalriada Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Dalriada or the copyright holder identified in the individual Contents copyright notice. 5.   Changes to Web Site Dalriada may change, suspend or discontinue any aspect of the Dalriada Web Site at any time, including the availability of any Dalriada Web Site feature, database, or content. Dalriada may also impose limits on certain features and services or restrict your access to parts or all of the Dalriada Web Site without notice or liability. 6.   Representations and Warranties You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Dalriada Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Dalriada Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. 7.   Indemnity You hereby agree to indemnify, defend and hold Dalriada, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Dalriada reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Dalriada. 8.   Links The Dalriada Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Dalriada Web Site. Links to and from Dalriada Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Dalriada or any of its subsidiaries or affiliates of any third party resources, or their contents. 9.   Content Accuracy and Reliability Dalriada does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Dalriada Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, other information shall be at your sole risk. Dalriada reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Dalriada Web Site. 10.a   Materials Posted by Users Dalriada does not and cannot review all materials posted to the Dalriada Web Site by users, and Dalriada is not responsible for any such materials posted by users. However, Dalriada reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Dalriada’s sole discretion are objectionable or in violation of this Agreement. 10.b   Materials Received from Users Dalriada receives a vast amount of content (photos and editorials) from users. If Dalriada is notified that any content received is copyrighted, this content will be summarily removed within 24 hours of notification. 11.   Disclaimer of Warranty and Limitation of Liability THE DALRIADA WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE DALRIADA WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DALRIADA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE DALRIADA WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE DALRIADA WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE DALRIADA WEB SITE OR ANY LINKED SITE. FURTHER, DALRIADA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS, FOR A PARTICULAR PURPOSE. DALRIADA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DALRIADA WEB SITE OR AN MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DALRIADA WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DALRIADA AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE DALRIADA WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 12.   Communications on Web Site By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Dalriada Web Site, you hereby grant to Dalriada a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicity perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Dalriada for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. 13.   Acknowledgement Regarding Communications You acknowledge that transmission to and from this Dalriada Web Site are not confidential and your Communications may ready or intercepted by others. You acknowledge that by submitting Communications to Dalriada, no confidential, fiduciary, contractually implied or other relationship is created between you and Dalriada other than pursuant to this Agreement. 14.   Jurisdiction THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCOREDANCE WITH THE LAWS OF THE STATE OF OKLAHOMA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF OKLAHOMA. 15.   Entire Agreement This Agreement constitutes the entire agreement between Dalriada and you with respect to your use of the Dalriada Web Site. Any cause of action you may have with respect to your use of the Dalriada Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Dalriada disclaims any and all responsibility for content contained in any third party materials provided through links from the Dalriada Internet site. .

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