2. General Usage of the Site:
By visiting and/or using this Site, You agree that You will:
• not access, or attempt to access, restricted or registration-required portions of the Site by any means other than the interface provided by Us;
• not use the Site to threaten, harass, intimidate, stalk, or abuse another user, the Company, or its Branded Sponsors, their agents, and/or employees;
• not transmit, post, send, upload, distribute, submit, or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of us), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
• not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
• not interfere with or disrupt the use and enjoyment of the Site by us or any third party;
• not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with the Company's or any third party's use and enjoyment of the Site and any other software, hardware and data;
• not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
• not transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services;
• not resell, frame, duplicate, reproduce or otherwise commercially exploit the Site without the prior written agreement of the Company;
• not remove, obscure or alter any proprietary rights notices on the Site or any material obtained from or through the Site; and
• not violate any applicable local, state, federal or international law, rule or regulation.
3. Interactive Areas of the Site.
You acknowledge and agree that the Company is not responsible for the conduct of users in the interactive areas of the Site. THE COMPANY, FOR ITSELF AND ITS BRANDED SPONSORS, SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF THE SITE.
You acknowledge and agree that You may be exposed to content posted by third parties that You may find offensive, indecent or objectionable, and in such respect, You use the Site at Your own risk. Likewise, we do not and cannot review every message posted by users in the interactive areas of the Site, and we are not responsible for the content of such messages or the views or opinions expressed by the author of any message. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by You to the Site for any reason in our sole discretion. You understand that any content that You post and/or upload on the Site will be considered a submission for purposes of these services. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of us or to protect the safety of our users or the public.
4. Your Account.
This Site may contain or offer rebates, contests or other promotions, which may be governed by separate rules that describe the rebates, contests or promotions and may have specific eligibility requirements, such as age or geographic area restrictions or date of purchase and installation of the goods and services. It is Your responsibility to read those rules to determine whether or not Your participation, registration or entry will be valid and to determine the sponsor's requirements of You in connection with the applicable sweepstakes, contests, or promotions.
6. Ownership of Content.
NOTICE: Without limiting the generality of the foregoing, certain automotive images or video contained herein are owned by EVOX Productions LLC ("EVOX") and are protected under United States and international copyright law. EVOX reserves the right to pursue unauthorized users of its individual copyrighted images contained herein, each of which have independent economic value. These and other violations of EVOX intellectual property rights may result in your liability for actual damages and loss of income to EVOX and profits you derive from this misappropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. EVOX reserves the right to pursue all legal and equitable remedies against unauthorized uses.
7. License of Submissions and Postings.
You hereby acknowledge and agree that Your relationship with the Company is not a confidential, fiduciary, or other special relationship, and that Your decision to submit any material to the Company or to post any such information on the Site does not place the Company, Branded Sponsor, their respective affiliates, or any third parties in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. Further, by submitting any material by way of the Site, you also hereby release and discharge the Company, any owners and/or operators of any websites powered by this Site, their respective affiliates, subsidiaries, employees, agents, successors, licensees and assigns from any and all claims that you might have in connection with the use, publication, display, reproduction, distribution or exploitation of the submitted testimonial or product review, including, but not limited to, any claims for defamation; violation of any moral or artist rights (even if such material is altered or changed in a manner not agreeable to you); and/or any right of privacy or publicity.
8. Linking and Third Party Websites.
9. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
YOU UNDERSTAND AND AGREE THAT THIS SITE AND ALL MATERIAL CONTAINED OR MADE AVAILABLE ON OR THROUGH IT (INCLUDING, WITHOUT LIMITATION, ALL USER POSTS) ARE PROVIDED AND MADE AVAILABLE SOLELY "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE AT LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW. YOU FURTHER AGREE THAT THE COMPANY, BRANDED SPONSOR, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM, OR IN CONNECTION WITH, THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ANY RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BY ACCESSING THIS SITE, I UNDERSTAND THAT I AM WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS (OR SIMILARLY): "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
The Company further makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by the Company. Views and opinions of users (including the weblogs of our employees) on the Site do not necessarily state or reflect those of the Company or its Branded Sponsor. Despite our efforts, the fact is the Internet is inherently insecure. The Company expressly disclaims any and all liability, and You agree that the Company along with any operator of a website powered by this Site, will not be liable to You in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and You should consider this before e-mailing any information through this Site. The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site. The Site may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason. And one more thing totally unrelated to our Site, beware of those money scams that sometimes appear in your email. Whoever that "wealthy" guy supposedly is, he's not going to give you a bunch of his money if you just wire him some of your money.
11. Digital Millennium Copyright Act.
In accordance with the Digital Millennium Copyright Act, the Company has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. The Copyright Agent may be reached at email@example.com or by mailing Dealer Tire, LLC, 7012 Euclid Avenue, Cleveland, Ohio 44103. Attention: Copyright Agent. If You believe that Your work has been copied in a way that constitutes copyright infringement, please promptly provide the Copyright Agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Contacting Company-Consumer Rights.
UNDER CALIFORNIA LAW (CIVIL CODE SECTION 1789.3, CALIFORNIA USERS OF THIS SITE ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE, WHERE APPLICABLE: IF YOU HAVE ANY QUESTIONS OR COMPLAINTS REGARDING THE SITE, PLEASE SEND AN EMAIL OR CONTACT US IN WRITING AT THE ABOVE REFERENCED CONTACT ADDRESSES, OR BY CALLING US AT (216) 432-0088. CALIFORNIA RESIDENTS MAY REACH THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER AFFAIRS OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY MAIL AT 1625 NORTH MARKET BLVD., SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
You further agree that You are solely responsible for all message and data charges that apply to use of Your mobile device to access the Site or Your use of the Application. All charges, fees, terms and conditions relating to Your mobile device and its usage are between You and Your mobile service provider and/or the manufacturer of Your device. Additional terms and conditions may apply to Your use of our Site and/or Applications based on the type of mobile device you use. Please contact Your service provider and/or mobile device manufacturer for details.
Company owns, is the licensee or may be the licensor, where applicable, to all right, title and interest with respect to the Application, including but not limited to all rights under patent, copyright, trademark, trade secret, and related laws. You will not modify, prepare derivative works, reverse engineer, decompile, disassemble or otherwise attempt to obtain source code from the Application.
If the Company now or in the future offers a text messaging or similar marketing or communications program directly to Your mobile device or through the Application, Your use of the Application and/or providing Us with Your mobile device phone number (through the Site and/or the Application) is considered advance consent to receive text messages and in-app communications and offers from an automated system (“Offers”). Your consent was not and is not a condition of purchasing any property, goods, or services from us or any third parties. If You wish to Opt-Out or withdraw consent and unsubscribe to text messaging, You may text STOP or UNSUBSCRIBE to the appropriate shortcode at any time. If You do not wish to receive Offers through the mobile Application You must delete the Application from Your mobile device. Offers may be based on Your particular location or purchase history and may be subject to additional terms and conditions as described in the Offer.
16. Force Majeure.
In no event shall We be liable to You for any delays or other damages caused by, or impairment of, performance with respect to use of this Site resulting in whole or in part from any act outside of our control, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, severe weather conditions, catastrophic events, or any other circumstance or cause beyond our reasonable control.
17. Waiver, Choice of Law and Venue.
19. Modification of Terms.
20. Complete Agreement.