TERMS OF USE

PLEASE READ THESE TERMS OF USE BEFORE USING OR ACCESSING ANY PORTION OF THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

General Information

Welcome to the Website for Voyager Industries, Inc. This Website is owned, operated, and maintained by Voyager Industries™ and offers general information about its proprietary brands Yetti Outdoors™, Bear Track Trailers™, Black Line Conversions™, Voyager Dock® and Titan Deck® its products, product use, and other information and listing of general interest. The products referred to in this Website may not be available in your country. “Website” as used in these Terms of Use includes our pages and applications on third-party social-networking services such as YouTube® Facebook® and Twitter®. Thank you for visiting and learning more about us.

Agreement to the Terms of Use

Each time you access and/or use our Website or services, you agree to be bound by the then-current Terms of Use and Privacy Policy. You are also bound by the copyright notice and all applicable laws and regulations. Voyager Industries reserves the right to change these Terms of Use and change or delete information on this Website at any time. If any term, condition, or provision of these Terms of Use are determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. These Terms of Use constitute the entire agreement between you and Voyager Industries relating to the subject matter herein.

Use of Website and Website Material

This Website is provided for your personal and noncommercial use. You may not copy reproduce, republish, post, distribute, transmit, modify, scrape or data mine all or any part of the material from this Website for commercial use without prior written approval of Voyager Industries. You may copy material in limited quantities from this Website for your personal noncommercial use, provided that our copyright notice is affixed to the copied material. The copyright notice should appear as follows:

Voyager Industries reserves the right to terminate at any time your permission to make personal copies of the material from this Website.

Voyager Industries encourages user participation on this Website. You are, however, prohibited from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct. Voyager Industries may from time to time monitor or review material transmitted or posted using this Website and reserves the right to delete any material the company deems inappropriate. Voyager Industries is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Website.

Use of Cookies and Other Technologies

Voyager Industries uses one or more companies to place advertisements for our products and services and those of third parties on our Site and third-party sites. Cookies and other technologies such as Web beacons or tags are used to measure the effectiveness of our ads and to determine the display of content and advertising to you based on your interests both on our site, as well as on third-party sites and mobile apps where you may visit. To support this interest based advertising solution, we, and companies who we have contracted with, may use non-personally identifiable information about your visits to our and other Web sites. The information collected does not enable any third-party to identify you individually, without appropriate notice or consent.

Although it is our hope that you find the display of advertising to you based on your non-personally identifying browsing interests valuable, if you would prefer not to participate in the services offered through these solutions, you can always opt-out of this activity by visiting the Network Advertising Initiative (NAI) website by clicking http://www.networkadvertising.org/managing/opt_out.asp

Disclaimer and Limitation of Liability

Voyager Industries strives to provide accurate and up-to-date material on this Website. However, Voyager Industries makes no warranties or representations and does not guarantee its accuracy or completeness. Voyager Industries is not responsible for any errors or omissions in the materials, information, or hyperlinks provided on this Website, and your use of this Website is entirely at your own risk. Neither Voyager Industries nor any other party involved in creating this Website shall be liable for any damages whatsoever, whether direct, indirect, or otherwise, arising out of anyone’s use of this Website.

DISCLAIMER OF WARRANTIES – Voyager Industries MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT (TEXT AND IMAGES) OF THIS WEBSITE. TO THE EXTENT PERMISSIBLE BY LAW, Voyager Industries DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Voyager Industries DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES AND OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Ownership of Intellectual Property

All names, logos, service marks and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property, or used with permission or under license by Voyager Industries. Your use of Content is strictly prohibited unless explicitly allowed in this Agreement.

Jurisdiction

This Website is managed by Voyager Industries from its corporate office within the state of Minnesota, United States of America. This agreement shall be governed by and construed in accordance with the laws of the state of Minnesota, without giving effect to any principles of conflicts of law. Your use of this Website represents your irrevocable consent to the exclusive jurisdiction and venue of Minnesota, and any legal proceedings shall be brought exclusively in a state or federal court located in Hennepin County, Minnesota.

Unsolicited Ideas and/or Submissions

Voyager Industries is eager to receive your comments, opinions, suggestions, ideas, concepts, still photographs, slides, graphics, visual effects, animated and/or motion pictures, audio-visual works and recorders, video, video recordings and answer your questions about our products and our company (“Submissions”). Keep in mind, however, that without limitation, Voyager Industries shall, free of compensation, own all now known or hereafter existing rights to the Submissions and therefore Voyager Industries shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, including without limitation reproduction, disclosure, transmission, publication, or development. You, however, have the right to request that we cease using a Submission by you that is a testimonial in favor of Voyager Industries, and we agree to remove such testimonial from the Website within 30 days of our actual receipt of such request.

If Submissions are received, you acknowledge that (1) you are at least 18 years old; (2) they will not be considered confidential or proprietary, (3) Voyager Industries is under no obligation to keep such information confidential, and (4) in the event Voyager Industries is deemed not to be the owner of a Submission, Voyager Industries will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submission in any manner it chooses.

Additional Terms

CONTRACT BETWEEN BUYER AND VOYAGER: A written order and acknowledgment, or written acknowledgment by Voyager of a verbal order shall constitute a contract between Buyer and Voyager (Voyager Industries, Inc.) hereafter referred to as Voyager. Contract may not be amended or rescinded except by written agreement by both parties.

QUOTATION OF PRICE. All written quotations of price (“Quote”) made by Voyager Industries will be valid for a period of thirty (30) days without exception from time Quote has been generated Voyager. Voyager will make every reasonable effort for timely delivery of Quote to customer however Voyager does not assume responsibility for delays in receipt of quotations to Buyer unless otherwise stated hereunder in these Terms and Conditions. Voyager Industries under any circumstance will not honor or provide verbal quotations for finished goods, Voyager proprietary products or custom products.

CREDIT: All shipments shall be subject to the approval of Voyager’s Credit Department. If the financial responsibility of the Buyer is unsatisfactory, or becomes impaired, or if Buyer fails to make any payment in accordance with the terms of the contract, then Voyager may defer or decline to make any shipments except upon receipt of satisfactory security or cash payments in advance, or Voyager may terminate the contract. Voyager also reserves the right to charge interest at the rate of 1½% compounded per month or the highest rate allowed by law, whichever is lower on any past due balances. If Voyager Industries, in its sole discretion, finds it necessary to employ an attorney to collect any past due sum owed hereunder, it may collect, in addition to any other sum owed hereunder, all applicable attorney’s fees and costs. When credit has been extended to Buyer, terms of payment shall be no more than 30 days. Credit cards accepted are MasterCard and Visa. COD orders have no minimum and must be paid upon delivery. Payment of any additional COD charges or shipping charges as a result of COD by carrier will be the sole responsibility of the Buyer. There is a $25.00 service charge on all returned checks.

WARRANTY: Voyager warrants that products sold to Buyer shall be free from defects in material and workmanship and shall conform to agreed upon specifications. EXCEPT FOR SUCH WARRANTY, VOYAGER DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND INCLUDING BUT NOT LIMITED TO ANY ORAL OR WRITTEN DESCRIPTION OF THE PRODUCTS, THEIR CHARACTERISTICS OR PROPERTIES OTHER THAN THAT SPECIFICALLY STATED IN THE AFOREMENTIONED LIMITED WARRANTY. Buyer agrees to hold harmless, indemnify, and defend Voyager and any of its employees, directors, officers, agents, or successors from any and all fault, liabilities, costs, expenses, claims, demands or lawsuits asserted by any person or entity that the warranties, remedies, limitations, disclaimer of warranties and liabilities of Voyager are other than that as specifically set forth herein or by reason of any warranty, express or implied, or remedy for breach of warranty extended by Buyer, which is more favorable than the warranties and remedies set forth herein. Voyager shall have no liability for consequential or incidental damages to persons or property arising from its supply of products. In the event that its products are not as warranted, Buyer’s sole remedy will be, at Voyager’s election, replacement of the product or return of the purchase price. Prior written approval from the Voyager must be secured before returning any merchandise for credit.

SHIPMENT DAMAGE. Product shipped from Voyager’s manufacturing location is carefully packed in compliance with carrier requirements. Claims for loss or damage in transit must be made with the carrier by Buyer. All shipments should be fully unpacked and inspected immediately upon receipt. It is important to keep the shipping carton, packing material and all parts intact for inspection by the carrier’s agent. Visible Loss or Damage. Any external evidence of loss or damage must be noted on the freight bill or carrier’s receipt and signed by the carrier’s agent. Failure to do this may result in the carrier refusing to honor the claim.

DELAYS: Voyager cannot be held liable for loss or damage arising from delay in fulfilling or failure to fulfill any accepted order in accordance with its terms where such delay or failure is caused by shortage of materials, delays in carriers, embargoes, fire, floods, strikes, riots, wars, acts of God or other causes beyond our control.

PRICE: Prices are based on existing conditions and are subject to change if shipment of items is not taken within 30 days of order. A minimum order or pack size may apply to stock items and non-stock items.

EQUIPMENT: Any equipment (including jigs, dies and tools, etc.) which Voyager constructs or acquires specifically for use on Buyer’s order may or may not be charged to Buyer, subject to confirmation by contract.

CANCELLATION: Said contract is subject to cancellation only upon Voyager’s acceptance of such cancellation in writing and the effective date of cancellation shall be the date of such acceptance. Payment of cancellation charges may be assessed and shall be made by Buyer upon receipt of statement. Cancellation charges shall not exceed the purchase price of the canceled portion of the contract.

WEIGHT, QUANTITY AND TINT VARIANCES: All orders and prices, unless specified otherwise in writing, are based upon Buyer accepting industry standard weight tolerances on each individual item. On orders for custom or non-stock items, buyer may be required to accept over-run or under run quantities, subject to industry standard practice (+/- 15%). Atmospheric oxidation can occur when warehousing aluminum. This may result in some tint variation of items.

RETURN MATERIAL AUTHORIZATION: Voyager must be notified within 10 days after delivery of Buyer’s request to return merchandise. Items not listed in Voyager’s current standards book cannot be returned for credit. Items in current standards book can be returned for exchange with other items only. Cash payment to Voyager for returned items will not be allowed. Upon receipt of Voyager’s authorization, merchandise must be returned within 30 days in accordance with Voyager’s shipping instructions. Merchandise must be returned in exactly the same condition as in which it was received by Buyer. A 15% handling and restocking fees will be charged to Buyer’s account.

PATENT PROTECTION: Voyager agrees to indemnify Buyer against any claims or liabilities for or by reason of alleged patent infringement arising from the manufacture or sale of any product furnished Buyer hereunder except where the specifications, process, design or method of manufacture originated in Buyer, in which event Buyer agrees to indemnify Voyager in like manner.

TAXES: All prices are subject to the net additions of all Federal, State, or Municipal taxes or charges which may be established or levied upon or assessed against the merchandise under contract.

CONTACT INFORMATION:

If you have any questions, concerns, or comments about the Terms of Use, please contact us at sales@voyager-industries.com.