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TERMS OF USE AND PRIVACY
STATEMENT
Welcome to
Prince Wheel Services (Prince Reconditioning Services D.B.A. Prince Wheel
Services) (“PWS”) web site (the “site”). Please review the following rules
that govern your use of the site (the “Terms of Use”). Please note that your
use of the site constitutes your agreement to follow and be bound by these
rules. Any use in this Agreement of the terms “we” or “us” or “our” means or
refers to PWS and “you” or “your” means or refers to the user, company, its
agents, affiliates or representatives.
BY REVIEWING THIS
AGREEMENT AND CONTINUING TO USE THIS SITE, YOU ARE ACKNOWLEDGING THAT YOU
HAVE READ, UNDERSTOOD, AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. IF
YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE.
YOUR CONTINUED USE OF THIS
SITE CONSTITUTES YOUR ADHERENCE TO THE TERMS OF THIS AGREEMENT.
LAWFUL PURPOSE
You shall use the site for lawful purposes only. You shall not post or
transmit through the site any material that violates or infringes in any way
upon the rights of others, that is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane, that constitutes hate speech intended to insult any race,
ethnicity, religion, sexual orientation, or national origin, or is otherwise
objectionable, or that assists or encourages conduct that would constitute a
criminal offense, gives rise to civil liability or otherwise violates any
law, or that contains any computer viruses or computer programs that are
intended to damage, detrimentally interfere with, or surreptitiously
intercept or expropriate the site, or any other system data or information
associated with the site.
Any conduct by You that,
in PWS’s sole discretion and determination, restricts or inhibits any other
user from enjoying the site will not be permitted. You shall not use the
site to advertise or perform any commercial solicitation, including, but not
limited to, the solicitation of Users of PWS to become users of other
services. PWS retains the right to remove any and all postings on the site
at its sole discretion and determination.
ELIGIBILITY
The services offered on the site are only available to persons who can form
legally binding contracts under applicable law.
PASSWORD
Your access to parts of the site may be protected by the use of a password.
It is your responsibility to guard this information and to keep it
confidential. By registering, you are authorizing PWS to treat any person
using your password as you, and any resulting transactions, obligations and
liabilities shall be attributed to you as if you used the site yourself.
With regard to any transactions, obligations and liabilities attributed to
Users under a valid password, liability for such transactions, obligations
and liabilities shall also be attributed to any Company or other entity
supplying the user access to the site and affiliated with or employing the
user as if the Company or other entity had used the site itself.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including images, illustrations,
text, designs, icons, photographs, software, video clips, and written and
other materials that are part of the site (collectively, the "Content"),
along with any copyright, trademark, service mark, patent, trade dress
and/or other proprietary or intellectual property rights in the site and the
Content, are owned by or licensed to PWS.
The site contains PWS and
third-party trademarks and service marks. All marks are the property of
their respective owners. Except as explicitly provided herein, all rights in
the intellectual property contained in the site including copyright,
trademark, trade secret and patent rights are expressly reserved for the
ownership and benefit of PWS. Except as specifically provided herein, access
to the site does not constitute a right to copy or use any of the
intellectual property included on the site. You covenant that you will take
no action to register or otherwise interfere with or challenge any
intellectual property rights of PWS or its affiliates. You agree that you
shall grant PWS a fully transferable, non-exclusive, perpetual, royalty-free
license to use, reproduce, display, distribute and resell all logos, skins
and designs uploaded to the site by you ("Uploaded Design Content"), and you
hereby covenant not to sue PWS, any of its affiliates or agents or any other
user with respect to such Uploaded Design Content.
INDEMNIFICATION AND
LIMITED LIABILITY
You agree to defend, indemnify and hold PWS, its subsidiaries, affiliates,
successors and assigns, and their respective, shareholders, directors,
officers, employees and agents harmless from and against any and all claims,
damages, costs and expenses, including attorneys’ fees, arising from or
related to your use of the site.
PWS SHALL NOT BE LIABLE
FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR
HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR
NOT PWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PWS SHALL NOT
BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE, OR
INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. PWS SHALL NOT
BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION
FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION,
THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA
FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT
MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL
APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND
SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
USER COMMENTS, FEEDBACK
AND SUBMISSIONS
Except as otherwise provided herein with respect to Uploaded Design Content,
all comments, feedback, postcards, suggestions, ideas, and other information
and textual material disclosed, submitted, conveyed or offered to PWS by you
on or through the site or otherwise disclosed, submitted or offered in
connection with your use of the site (collectively, "Comments") shall be and
remain PWS’s property and shall be deemed to be non-confidential. Such
disclosure, submission or offer of any Comments shall constitute an
assignment to PWS of all-worldwide rights, title and interests in any
copyrights, patent rights and other proprietary or intellectual property
rights in the Comments. Thus, you assign to PWS, and PWS will possess
exclusive ownership of, all rights, title and interests in any copyrights,
patent rights and other proprietary and intellectual property rights in the
Comments and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. Again, except as otherwise indicated, PWS is and
shall be under no obligation (1) to maintain any Comments in confidence; (2)
to pay to you any compensation for any Comments; or (3) to respond to your
Comments.
You agree that no Comments
or Uploaded Design Content or any other submission provided to the site by
you will violate any right of any third party, including copyright,
trademark, patent, privacy or other personal or proprietary or intellectual
property right(s). You further agree that no Comments or Uploaded Design
Content or other submission provided by you to the site will be or contain
libelous or otherwise unlawful, abusive or obscene material. You are and
shall remain solely responsible for any Comments or Uploaded Design Content
you make, and you hereby covenant not to sue PWS, any of its affiliates or
agents or any other subscriber/user with respect to any Comments made by
you, PWS or any other user. YOU FURTHER SPECIFICALLY AGREE THAT PWS IS NOT
IN ANY WAY OBLIGATED TO ACTIVELY MONITOR THE SITE FOR OBJECTIONABLE OR
OFFENSIVE OR UNLAWFUL COMMENTS OR UPLOADED DESIGN CONTENT, AND YOU HEREBY
HOLD HARMLESS AND COVENANT NOT TO SUE PWS, ITS SUBSIDIARIES, AFFILIATES,
SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO ANY COMMENTS MADE BY YOU OR
OTHERS AND PWS SHALL HAVE NO LIABILITY THEREFORE WHATSOEVER. If such
offensive, objectionable or unlawful comments are made known to PWS by you,
PWS will endeavor to evaluate such comments and, in the exercise of its sole
discretion, remove such comments if necessary.
GENERAL
We may change, move or delete portions of, or may add to, the site from time
to time, including, but not limited to, content, hours of availability, and
equipment and/or software needed for access or use.
CHANGED TERMS
We may from time to time change the rules that govern your use of the site.
PWS shall have the right at any time, without providing individual notice,
to change, modify, add or delete any terms or conditions that apply to your
use of the site (“Changed Terms”). The Changed Terms shall be effective
immediately upon posting the Changed Terms on the site. Any use of the site
by you after such change shall be deemed to constitute acceptance by you of
the Changed Terms.
LOCAL LAWS AND TAXES
You are solely responsible for abiding by all applicable local, national and
governmental rules and regulations, including international and
import/export laws, which may apply to you. Your use of the site shall be in
accordance with these laws. You are responsible for all sales, use, goods
and services, value added, and/or excise taxes that may be attributed to any
transaction conducted using the site and escrow services, except for taxes
based on PWS’s income. You are responsible for all import/export fees,
duties and/or licenses as may be required by the relevant governmental
authorities. You are responsible for supplying any restrictive legends or
notices (e.g. copyright notices) and for properly attributing trademarks,
service marks, logos and other propriety rights to their respective owners.
TERMINATION
This Agreement is effective unless and until terminated by either you or
PWS. Your continued use of the site constitutes your adherence to the terms
of this Agreement. Either party may terminate this Agreement at any time.
Upon any termination of this Agreement (1) you shall not be authorized to
access the site or use any of the Content, (2) PWS may without notice deny
your access to the site, and (3) you must promptly destroy all materials
downloaded or otherwise obtained from the site, as well as all copies of
such materials, whether made under the terms of this Agreement or otherwise.
The sections entitled Intellectual Property, user Comments, Feedback and
Submissions, Disclaimer of Warranty, Indemnification and Limited Liability,
and Miscellaneous shall survive termination.
PRIVACY AND SECURITY
PWS is committed to safeguarding your privacy and security online. Please
read the following policy and procedures to understand how information will
be treated as you enjoy full use of our many offerings. This policy may
change from time to time so please check back periodically.
PWS may monitor your use
of the site to gather statistical information to improve the site. PWS
does not sell, rent, or trade consumer mailing lists or customer
information. All marketing efforts we undertake are targeted toward a
business audience only. For each visitor to the site, our Web server
recognizes information regarding the originating domain name or e-mail
address. Any information volunteered by you, such as survey information
and/or web site registrations and other data uploaded from your system to
the site may be used for internal marketing purposes or to improve the
operation or content of the site. Users that create a user profile on the
site and indicate that they would like to be on our mailing list may receive
periodic mailings or e-mail messages from us with information on new PWS
products and services. PWS does not engage in telephone solicitation.
PWS may also share information with its partners or with other companies
that perform functions on PWS’s behalf. These agents will only have access
to information, as needed, but will be restricted from using the information
for other purposes. PWS may release personal information in accordance with
any applicable laws, judicial orders or in order to protect the rights,
property or safety of PWS, its users or others. Any information received by
PWS may be subsequently assigned in connection with any transfer of
substantially all of its assets to a third party.
MISCELLANEOUS
Unless otherwise specified, this site and the Contents thereof are displayed
solely for the purpose of promoting PWS’s products and services. This site
is controlled and operated by PWS from its offices in North Carolina.
This Agreement and any
operating rules established by PWS constitute the entire agreement of the
parties with respect to the subject matter hereof. This Agreement shall be
construed in accordance with the laws of the State of North Carolina,
without regard to any conflict of law provisions. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. If any provision of this
Agreement is declared invalid or unenforceable, the remaining provisions of
this Agreement shall remain in effect. Any dispute arising under this
Agreement shall be resolved exclusively by the state and federal courts of
the State of North Carolina and you hereby submit the jurisdiction of said
courts. The section headings used herein are for convenience only and shall
not be given any legal import. |
