The O’Neill’s Wheels name and logo are registered trademarks. These trademarks may not be used, downloaded, copied or distributed in any way except as an integral part of an authorized download, copy or transmission of material in this Website. No other use, copying or transmission of the trademarks or copyrighted material may be made without the express prior written consent of O’Neill’s Wheels.
The O’Neill’s Wheels Website (the "Website") provides a wide range of information on various products and services including without limitation product descriptions, pricing and any commentary (collectively, the "Information").
O’Neill’s Wheels attempts to provide Information that is useful and accurate, but it cannot and does not guarantee the accuracy of all of the Information at all times. In addition certain restrictions may apply as indicated. Due to the rapidly changing nature of the auto retailing environment, any agreements made through the Website are non-binding, ANDARE SUBJECT TO CHANGE OR REVOCATION WITHOUT NOTICE AT ANY TIME. Although every effort is made to keep the listings current, O’Neill’s Wheels takes no responsibility for outdated or superseded information found on the Website. The buyer should treat all data as preliminary and must verify the data through independent contact with O’Neill’s Wheels. Please let us know if you are aware of any mis-information on the Website. We appreciate your assistance and cooperation in making our Website a better one.
What "Invoice" Does And Does Not Mean
"Invoice" and "Dealer Invoice" DO NOT REFLECT THE FINAL COST OF THE VEHICLE TO THE DEALER. They are useful solely, and intended here solely, as a publicly available and agreed-upon COMPARATIVE TOOL with which pricing can be fairly evaluated. O’Neill’s Wheels has attempted to account for the factors which can make the final dealer cost lower than the "dealer invoice" price. There is no warranty or assurance, however, that these best-effort calculations are absolutely accurate. As a result, these web site listings DO NOT INDICATE OR PRESUME TO INDICATE that any vehicle cost O’Neill’s Wheels any specific amount.
It is this Website’s intent and policy to be in good-faith compliance with state laws regulating automotive advertising.
The Buyer's Responsibilities
Final assessment of the fitness of O’Neill’s Wheels for the buyer's use, the determination, fairness and accuracy of the purchase price, and the task of seeing the purchase through to its successful conclusion, are solely responsibilities of the buyer. We encourage you to have a buyer's inspection preformed for you by a trusted mechanic before you puchase any vehicle.
NOTE: Price(s) include(s) all costs to be paid by a consumer, except for licensing costs, registration fees, document fee and taxes. All elements of the proposed transaction are negotiable including price, trade allowance, interest rate (of which the dealer may retain a portion), term and a negotiable documentary service fee of up to $150.00. Nothing contained herein is binding on either party; any agreement is subject to execution of contract documents.
O’NEILL’S WHEELS may, at its sole discretion and without prior notice discontinue or alter any aspect of the Website, including, but not limited to, (a) restricting the time of availability, (b) restricting the availability and/or scope of the Website for certain platforms (i.e., computer types and operating systems), (c) restricting the amount of use permitted, and (d) restricting or terminating any User's right to use the Website.
O’Neill’s Wheels shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, O’Neill’s Wheels shall have the right to remove any material that O’Neill’s Wheels, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
O’NEILL’S WHEELS MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE INFORMATION OR PRODUCTS OR SERVICES PROVIDED BY ANY INDEPENDENT RETAIL PROVIDER. O’NEILL’S WHEELS DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE GOODS AND SERVICES MADE AVAILABLE BY ANY INDEPENDENT RETAIL PROVIDER.
O’NEILL’S WHEELS WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED, INCLUDING, BUT NOT LIMITED TO DAMAGES CAUSED BY FAILURE OF PERFORMANCE, NEGLIGENCE, OR UNDER ANY CAUSE OF ACTION. NO INFORMATION, PRODUCT OR SERVICE PROVIDED BY ANY INDEPENDENT RETAIL PROVIDER IS GUARANTEED BY O’NEILL’S WHEELS, AND O’NEILL’S WHEELS DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY DATAPROVIDED BY AN INDEPENDENT RETAIL PROVIDER.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT O’NEILL’S WHEELS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NEITHER O’NEILL’S WHEELS NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
You agree to hold O’NEILL’S WHEELS harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Terms of Service or any Content placed on the Website by you.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONSMAY NOT APPLY TO YOU.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between O’Neill’s Wheels representatives and you. O’NEILL’S WHEELS may amend or modify this Agreement or impose new conditions at any time.
This Agreement shall be construed and controlled by the laws of the State of Washington . Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Washington . Customer agrees to personal jurisdiction and venue by the state and federal courts sitting in the State of Washington . In the event of any dispute, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the matter. (rev. 02/07/10)