Terms & Conditions
Table of Contents
2. INTELLECTUAL PROPERTY RIGHTS
6. USER-GENERATED CONTRIBUTIONS
14. MODIFICATIONS AND INTERRUPTIONS
22. ELECTRONIC COMMUNICATIONS TRANSACTIONS AND SIGNATURES
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you.
whether personally or on behalf of an entity ('you') and EliteWheelGroup
("Company" ). concerning your access to and use of the
https://wwwelitewheelgrap.com
website as well as any other media form. media channel, mobile website, or
mobile application related, linked. or otherwise connected thereto
(collectively. the -site). You agree that by accessing the Site. you have
read. understood, and agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE. THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right. to our sole discretion. to make changes or
modifications to these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the 'Last updated' date of these
Terms of Use. and you waive any right to receive specific notice of each
such change. Please ensure that you check the applicable Terms every time
you use our Site so that you understand which Terms apply. You will be
subject to. and will be deemed to have been made aware of and to have
accepted. the changes in any revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or
country. Accordingly. those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations
(Heats Insurance Portability and Accountability Act (HIPAA). Federal
Information Security Management Act (FISMA). etc.). so if your interactions
would be subjected to such laws. you may not use this Site. You may not use
the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be directly supervised by their parent or guardian to use the Site. If you are a minor nor. you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated. the Site is our proprietary property and all
source code. databases. functionality. software. website designs, audio,
video, text, photographs, and graphics on the Site (collectively. the
'Content') and the trademarks. service malts. and logos contained therein
(the 'Marks) are owned or controlled by us or licensed to us. and are
protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United States.
international copyright laws, and international conventions. The Content and
the Marks are provided on the Site 'AS IS' for your information and personal
use only. Except as expressly provided in these Terms of Use. no part of the
Site and no Content or Marks may be copied. reproduced. aggregated,
republished. uploaded, posted, publicly displayed. encoded. translated.
transmitted, distributed. sold. licensed, or otherwise exploited for any
commercial purpose whatsoever. without our express prior written permission.
Provided that you are eligible to use the Site. you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for
your personal. non-commercial use. We reserve all rights not expressly
granted to you in and to the Site. the Content and the Marks.
3. USER REPRESENTATIONS
By using the site you represent and warrant that: (1) all registration information you submit will be true. accurate. current. and complete: (2) you will maintain the accuracy of such information and promptly update such registration information as necessary: (3) you have the legal capacity and you agree to comply with these Terms of Use: (4) you are not a minor in the jurisdiction in which you reside. or if a minor. you have received parental permission to use the Site: (5) you will not access the Site through automated cc non-human means. whether through a tot script. or otherwise: (5) you will not use the Site for any illegal cc unauthorized purpose: and (7) your use of the Site will not violate any applicable law cc regulation.
If you provide any information that is untrue. inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion
thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim. or change a username
you select if we determine. in our sole discretion, that such username is
inappropriate. obscene. or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site accessable. The Site may not be used in connection
with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site. you agree not to:
Systematically retrieve data or other content from the Site to create or
compile. directly or indirectly. a collection, compilation, database, or
directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
• Circumvent. disable. or otherwise,
interfere with security-related features of the Site. including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of the Site andlor,
the Content contained therein.
• Disparage. tarnish, or otherwise harm, in our opinion, us and for the Site.
• Use any information obtained from the Site in order to harass. abuse, or
harm another person.
• Make improper use of our support services or submit false reports
of abuse or misconduct. • Use the Site in a manner inconsistent with any
applicable laws or regulations.
• Engage in unauthorized framing of or Finking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses.
Trojan horses or other material including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes with
any party's uninterrupted use and enjoyment of the Site or modifies.
impairs. disrupts. alters. or interferes with the use, features, functions. the operation, or maintenance of the Site.
• Engage in any automated use of the system. such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any
Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism. Including
without limitation. clear graphics interchange formats flit", 7x7 pixels. web bugs. cookies. or other similar devices (sometimes
referred to as 'spyware or 'passive collection mechanisms' ).
• Interfere disrupt
or create an undue burden on the Site or the networks or services connected
to the Site.
• Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site. or any portion of the Site.
• Copy or adapt the Site's software. including but not limited to
Flash, PHP. HTML. JavaScript. or other code.
• Except as permitted by applicable law. decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any
way making up a part of the Site.
• Except as may be the result of standard search engine or Internet
browser usage. use. launch. develop. or distribute any automated system,
including without limitation. any spider. robot. cheat utility. scraper. or
offline reader that accesses the Site. or using or launching any
unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the
Site.
• Make any unauthorized use of the Site. including collecting usernames and email
addresses of users by electronic or other means for the purpose of sending
unsolicited emails. or creating user accounts by automated means or under false
pretenses.
• Use the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
• Use the Site to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
6.
USER-GENERATED
CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display,
transmit, perform. publish, distribute, or broadcast content and materials
to us or on the Site. including but not limited to text. writings, video.
audio. Photographs. graphics, comments. suggestions. or personal information
or other material (collectively. 'Contributions"). Contributions may be viewable by other users of the Site and through
third-party websites. As such any Contributions you transmit may be treated in accordance with
the Site Privacy Policy,
When you create or make available any Contributions, you thereby represent
and warrant that:
• The creation, distribution,
transmission, public display or performance, and access. downloading, or copying of your Contributions do not and will not
infringe the proprietary rights. including but not limited to the copyright
patent trademark, trade secret,
or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights- consents. releases. and permissions to use and to authorize us.
the Ste. and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
• You have written consent. release and
permission of each and every identifiable individual person in your
Contributions to use the name or fitness
of each and every such identifiable individual person to enable inclusion
and use of your Contributions in any manner contemplated by the Site and
these Terms of Use.
• Your Contributions are not false. inaccurate. or misleading.
• Your Contributions are not unsolicited or unauthorized advertising,
promotional materials. pyramid schemes. chain letters. Spam. mass mailings.
or other forms of solicitation.
• Your Contributions are not obscene. lewd. lascivious. filthy,
violent. harassing. libelous. slanderous. or otherwise objectionable (as
determined by us).
• Your Contributions do not ridicule. mock. disparage. intimidate. or abuse
anyone.
• Your Contributions are not used to harass or threaten On the legal sense
of those terms) any other person and to promote violence against a specific
person or class of people.
• Your Contributions do not violate any applicable law, regulation. or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning
child pornography or otherwise intended to protect the health or well-being
of minors.
• Your Contributions do not include any offensive comments that are
connected to race. national origin, gender, sexual preference. or physical
handicap.
• Your Contributions do not otherwise violate. or link to material
that violates. any provision of these Terms of Use. or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of
Use and may result in, among other things. termination or suspension of your
rights to use the Site.
7. CONTRIBUTION LICENSE
You and the Site agree that we may access,
store,
process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding the Site. you agree
that we can use and share such feedback for any purpose without compensation
to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not fabled
for any statements or representations in your Corm-Swoons provided by you in
any area on the Site. You are solely responsible for your Contributions to
the Site and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your
Contributions.
8. GUIDELINES FOR REVIEWS
We may provide
you areas on the Site to leave reviews or ratings. When posting a review.
you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed:
(2) your reviews should not contain offensive profanity, or abusive,
racist. offensive, or hate language:
(3) your reviews should not contain discriminatory references based on religion. race, gender. national origin, age. marital status. sexual orientation,
or disability,
(4) your reviews should not contain references to illegal activity:
(5) you should not be afflicted with competitors if posting negative
reviews: you should not make any conclusions as to the legality of conduct
(7) you may not post any false or misleading statements: and
(8) you may not organize a campaign encouraging others to post reviews.
whether positive or negative.
We may accept. reject. or remove reviews at
our sole discretion. We have absolutely no obligation to screen reviews or
to delete reviews. even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us. and do not necessarily represent
our opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims. liabilities. or losses resulting from any review. By posting a review. you hereby
grant to us a perpetual. non-exclusive. worldwide. royalty-free. fully-paid.
assignable. and sublicensable right and license to reproduce. modify.
translate. transmit by any means. display. perform. and/or distribute all
content relating to reviews.
9. SOCIAL MEDIA
As part of the functionaity of the Site. you may link your account with
online accounts you have with third-party service providers (each such
account. a 'Third-Party Account') by either: (1) providing your Thid-Party
Account login information through the Site: or (2) allowing us to access
your Third-Party Account as is permitted under the appicat4e terms and
conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account without
breach by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account. and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access to any
Third-Party Accounts. you understand that (1) we may access. make available.
and store (d applicable) any content that you have provided to and stored in
your Third-Pany Account (the 'Social Network Content') so that it is
available on and through the Site via your account including without
limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are notified
when you link your account with the Third-Party Account. Depending on the
Third-PartyAccounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts. personally identifiable information
that you post to your Third-Party Accounts may be available on and through
your account on the Site.
Please note that if a Thiel-Party Account or associated service becomes
unavailable or our access to such Third-Party
Account is terminated by the third-party service provider. then Social
Network Content may no longer be available on and through the Site. You will
have the ability to disable the connection between your account on the Site
and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP 1NITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS
IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any
purpose. including but not kneed to. for accuracy. legality. or
non-infringement.
we are not responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Site. You can deactivate
the connection between the Site and your Third-Party Account by contacting
us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers
that were obtained through such a
Third-Party Account. except for
the username
and profile picture that become associated with your account.
10. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas,
feedback,
or other information regarding the Site (submissions) provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights including all intellectual property
rights and shall be entitled to the unrestricted use and dissemination of
these Submissions for any lawful purpose. commercial or otherwise. without
acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions and you hereby warrant that any such Submissions are original with you or
that you have the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
11. SITE MANAGEMENT
We reserve the right but not the obligation to(1) monitor
the Site for violations of these Terms of Use
(2) take appropriate legal action against anyone who in our sole
discretion, violates the law or these Terms of Use,
including without limitation,
reporting such user to law enforcement authorities:
(3) in our sole discretion and without limitation, refuse. restrict access
to. knit the availability of. or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof:
(4) in our sole discretion and without limitation, notice, or liability. to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems:
(5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
By using the Site. you agree to be bound by our Privacy Poky. which is
incorporated into these Terms of Use. Please be advised the Site is hosted
in the United States. If you access the Site from any other region of the
world with laws or other requirements governing personal data collection. use. or disclosure that differs
from applicable laws in the United States.
then through your continued use of the Site. you are transferring
your data to the United States,
and you agree to have your data transferred to and processed in the United
States.
13. TERM AND TERMINATION
These Terms of Use shad remain in full force and effect while
you use the Site WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE,
WE RESERVE THE RIGHT TO IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME. WITHOUT WARNING. IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name. a fake or
borrowed name, or the name of any third party. even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change. modify. or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However. we have no obligation to update any infatuation on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification. price change. suspension. or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software. or other problems or need to perform
maintenance related to the Site. resulting in interruptions. delays. or
errors. We reserve the right to change. revise. update, suspend.
discontinue. or otherwise,
modify the Site at any time or for any reason without notice to you. You
agree that we have no liability
whatsoever for any loss. damage, or inconvenience caused by your inability
to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections. updates. or releases in
connection therewith.
15. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed
in accordance with the laws of the State of applicable to agreements made
and to be entirely performed within the State of without regard to its
conflict of law principles.
16. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the
relationship established by this Agreement to the jurisdiction of the
courts. EliteWheelGroup shall also maintain the right to bring proceedings
as to the substance of the matter in the courts of the country where you
reside or. if these Terms are entered into in the course of your trade or
profession. the state of your principal place of business.
17. CORRECTIONS
There may be information on the Site that contains typographical errors.
inaccuracies. or omissions, including descriptions,
pricing., availability,
and various other information. We reserve the right to correct any errors.
inaccuracies. or omissions and to change or update the information on the
Site at any time. without prior notice.
18. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES. EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING.
WITHOUT LIMITATION. THE IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES. OR INACCURACIES OF CONTENT AND MATERIALS.
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER.
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3)ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
(5)ANY BUGS, VIRUSES, TROJAN HORSES. OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. AND/OR ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE. OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING. AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES. OUR
AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY
DIRECT, INDIRECT. CONSEQUENTIAL. EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES. INCLUDING LOST PROFIT, LOST REVENUE. LOSS OF DATA. OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION. WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR?
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU. AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify,
and hold us harmless. including our subsidiaries. affiliates, and all of our
respective officers, agents,
partners, and employees from and against any loss. damage. lability, claim.
or demand. including reasonable attorneys' fees and expenses, made by any
third party due to or arising out of,
(1) use of the Site:
(2) breach of these Terms of Use:
(3) any breach of your representations and warranties set forth in these
Terms of Use:
(4) your violation of the rights of a third party. including but not
limited to intellectual property rights:
(5) any overt harmful act toward any other user of the Site with whom you
connected via the Site, Notwithstanding the foregoing,
we reserve the right, at your expense
to assume the exclusive defense and control of any matter for which you are
required to indemnify us. and you agree to cooperate, at your expense. with
our defense of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the She for the purpose
of managing the performance of the Site. as well as data relating to your
use of the Site. Although we perform regular routine backups of data. you
are solely responsible for all
data that you transmit or that relates to any activity you have undertaken
using the Site. You agree that we shall have no liability to you for any
loss or corruption of any such data. and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site sending us emails and completing online forms constitute
electronic communications. You consent to receive electronic communications
and you agree that all agreements. notices,
disclosures. and other communications we provide to you electronically. via email
and on the Site, that satisfies
any legal requirement that such communication is in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES. CONTRACTS. ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes.
regulations. rules. ordinances. or other laws in any jurisdiction which
require an original signature or delivery
or retention of non-electronic records. or to payments or the granting of
credits by any means other than electronic means.
23. MISCELLANEOUS
These Terms of Useor operating rules posted by us on the Ske or in respect to the Site
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce the
vision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by
law. We may assign any or all rights
and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay,
or failure
to act caused by any cause beyond our reasonable control.
provision or part of a provision of these Terms of Use is determined to be
unlawful, void,
or unenforceable. that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership,
employment,
or agency relationship created between you and us as a result of these Terms
of Use or use of the Site. You agree that these Terms of Use Val not be
construed against us by virtue of having drafted them. You hereby waive any
and all defenses you may have based on the electronic form of these Terms of
Use and the lack of signing by the parties hereto to execute these Terms of
Use.
24. CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding the use of the Site.
please contact us at:
info@elitewheelgroup.com