Term & Conditions

Thanks for wanting to share your story or post a product review! But first, please review these Terms and Conditions.

 

Your Agreement

By registering with the BanHammer 4×4 website (www.BanHammer4x4.com; the Website) or otherwise using the Website, you hereby agree to these Terms and Conditions and the Privacy Statement. BanHammer 4×4 also agrees to abide by these Terms and Privacy Statement. BanHammer 4×4 may terminate the Website or your use thereof at any time at its sole discretion.

 

Qualifications for review

Postings (User Submission) can be stories be about your off-road or 4×4 vehicle or a product review. Postings, comments, feedback, polls and other forms of data collections (User Submissions) will be rejected if they, as determined by BanHammer 4×4 or its agents in our sole discretion, do not conform to these Terms and Conditions for Website.

 

Allowable participants

The Website is intended for off-road and 4×4 enthusiasts. It is not intended for people that are under an employment restriction that prohibits postings of this type. Anyone acting on or behalf of a competitor, and those who are subject to employment restrictions, are prohibited from registering, posting to or otherwise using the Website. You must have the legal right to enter into this agreement and to grant any and all rights in your postings and submissions.

User Submissions that include, but not limited to any of these items will not be published and will be rejected:

(a) confidential information of any type;

 

Additional terms for product reviews

If you received the product you are reviewing at no cost or at a discount in return for sponsorship or the purpose of publishing reviews, you must disclose this information in your review and your relationship to the company that made and/or sells the product. In addition, people posting product reviews must:

(a) Own and have used the product they are reviewing

(b) NOT be employed by the company that made the product

 

Comments

Comments that contain attacks on another website user or profanity will be deleted. Links are not allowed in comments. Comments that are spam or resemble spam will be blocked.

 

Voting

The BanHammer 4×4 website includes function that allows you to vote posting up or down. Any place you see a green and red hammer displayed, you can vote that post up or down by clicking the appropriate hammer. You must be logged in to vote, you can only vote on a post once and you cannot change your vote once it is recorded. Functionality may be added in the future that displays a registered users’ voting history (how many green hammer votes and red hammer votes a user has cast during his/her time on the website).

 

Non-confidentiality

As your postings and submissions will be publicly displayed, you understand and agree that they will not be treated in confidence. Quite to the contrary, many people from around the world will be able to see the story that you post, as well as any comments you make. Please note that if you have preliminary discussions with BanHammer 4×4 employees or agents, they are not authorized to accept information on a confidential or restricted basis.

 

BanHammer 4×4 rights to user submissions

By posting a User Submission, you grant to BanHammer 4×4 an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works, adapt, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that BanHammer 4×4 deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any vehicle, technology, product, or service). BanHammer 4×4 reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. BanHammer 4×4 may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. BanHammer 4×4 is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. BanHammer 4×4 is not responsible for any loss, theft, or damage of any kind to any User Submissions. BanHammer 4×4 does not want to receive any User Submission that is an Excluded Item. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that BanHammer 4×4 will be free to disclose your User Submission to any third party.

 

By submitting any User Submission, you represent and warrant that:

(a) you are at least 18 years old, and you are not impersonating anyone else;

(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to BanHammer 4×4 the rights in your User Submissions described herein;

(c) your User Submissions are wholly original and do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

(d) you agree to release and allow all creative license/treatment in the production of the User Submission as directed BanHammer 4×4 or its agents;

(e) you voluntarily agree to waive all moral rights that you may have in your User Submission;

(f) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

(g) your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

(h) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

(i) your User Submission does not incorporate materials from a third party website, or personally identifiable information of anyone other than yourself;

(j) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

(k) your User Submission will not constitute a notice or allegation of infringement or wrong doing of any kind by BanHammer 4×4, its suppliers, agents or affiliates; and

(l) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

Consulting

BanHammer 4×4 does not act in a consulting capacity. We are not obligated to provide you with an explanation for any decision. This applies to the original posting or any comments you make as well as to anything you later disclose, orally or in writing. We assume no obligation to tell you something we already knew or have discovered since your User Submission.

 

Indemnification

You agree to indemnify, defend, and hold harmless BanHammer 4×4 from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys fees) that such parties may incur as a result of or arising from your (or anyone using your account) violation of these Terms and Conditions. BanHammer 4×4 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with BanHammer 4×4’s defense of such claim.

 

Language

As a global company, we prefer correspondences in English. We recognize that our business is conducted in several languages around the world, but our primary language for business transactions is English. Only submissions written in English will be posted to the site. Submissions posted in other languages will be blocked, and therefore not posted to the site.

 

Government Restrictions

BanHammer 4×4 administers the Website from Michigan, United States of America. BanHammer 4×4 makes no representation that the Website is appropriate or available for use outside the United States. If you choose to access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Website. You agree not to post or comment on items that are prohibited by law.

 

Modifications to these Terms and Conditions

BanHammer 4×4 may, in its sole discretion, change these Terms and Conditions from time to time. Any such changes will be posted along with the new effective date. If you object to any such changes, your sole recourse shall be to cease using the Website. Continued use of the Website following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. BanHammer 4×4 may cease the Website at any time without notice and is not obligated to retain or return any post or comment.

 

Linking, crawling and archiving

If you would like to link to the Website, you must comply with the following guidelines:

(a) do not incorporate any content from this site into your site (e.g., by in-lining, framing or creating other browser or border environments around the Website content). You may only link to, not replicate, the Website content;

(b) you may not use any BanHammer 4×4 trademarks, logos, designs or service marks in your links;

(c) you may not create the appearance of a relationship or affiliation with BanHammer 4×4; and

(d) your site may not contain offensive, distasteful, illegal or inappropriate content.

If you would like to use a web crawler or other search tool to gather information from the Website, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.

 

Other Conditions/Restrictions

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

This website is intended as a resource and discussion forum for people interested in BanHammer 4×4 products, projects and initiatives. Unfortunately, this isn’t the place to address warranty or customer service questions or products sold by BanHammer 4×4. If you have a question about a BanHammer 4×4 products, please contact customer service by calling 714-596-4461 normal business hours.

 

General

These Terms and Conditions and the Privacy Statement, together with any additional terms to which you agree when using particular elements of the Website, constitute the entire and exclusive and final statement of the agreement between you and BanHammer 4×4. These Terms and Conditions and the relationship between you and BanHammer 4×4 shall be governed by the laws of the State of Michigan. All lawsuits arising from or relating to these Terms and Conditions or any use of the Website shall be brought in the Federal or State courts located in Oakland County, Michigan, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

 

Effective Date: December 8, 2015

Agreement Version: V1.0