Terms & Conditions
Table of Contents
1. AGREEMENT TO TERMS
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).
2. INTELLECTUAL PROPERTY RIGHTS
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
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.
• 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 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.
• 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.
7. CONTRIBUTION LICENSE
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.
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
(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.
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
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.
15. GOVERNING LAW
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.
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.
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.
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:
(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.
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: firstname.lastname@example.org