THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE CarMagnets.com WEBSITE AND OUR SERVICES. READ THIS ENTIRE AGREEMENT CAREFULLY.
WELCOME to the CarMagnets.com. This Terms of Use Agreement (this "Agreement") sets forth the terms and conditions
governing your use of the CarMagnets.com Site and your access to and use of the web pages, URLs, links, trademarks,
trade names, logos, copyrights, information, other content and services offered on or through the CarMagnets.com Site.
BY ACCESSING OR USING THE CarMagnets.com SITE OR ANY OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT AND
AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND THE ADDITIONAL TERMS, AS THEY MAY BE AMENDED OR SUPPLEMENTED FROM TIME
TO TIME BY US, IN ACCORDANCE WITH THE AGREEMENT (AS FURTHER DESCRIBED BELOW). You are responsible for reviewing this
Agreement and the Additional Terms each time you use or access the CarMagnets.com Site and/or the Services.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE CarMagnets.com SITE OR USE THE SERVICES.
- We Reserve the Right to Revise this Agreement with or without prior notice and for any reason. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions will be effective immediately and incorporated into this Agreement upon our publishing them on the CarMagnets.com Site
- Acceptable Use of the Services. In order to use the CarMagnets.com Site or the Services, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees, if any, associated with such access.
- Limited License. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on the CarMagnets.com Site. You further agree that, except as expressly provided in this Agreement, you shall not duplicate, download, publish, modify or otherwise distribute any material on this CarMagnets.com Site for any purpose other than for your own individual use unless otherwise specifically authorized by us.
- Termination. We may and will terminate your access to the Services and any Accounts (as defined below) immediately, if we believe that your conduct fails to conform to this Agreement. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Services or Marks or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
- You Are Responsible For All of Your Activities and All of The Content You Post. You represent and warrant that any information you post or provide to us by means of the CarMagnets.com Site is truthful, accurate, not misleading and offered in good faith; and that you will use any information disclosed to you via the Services including, without limitation, any content in the personalized areas of the CarMagnets.com Site, only for its intended purpose.
- Account Password and User ID. In order to use or access some of the Services on the CarMagnets.com Site, you may be required to you become a registered user and/or recreate an account with us (collectively, an "Account"). To obtain an Account, you must receive or establish one or more passwords and/or access codes in the manner we designate (collectively, the "Password"). Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. You are entirely responsible for all activities that occur on or through your Account(s) and Password(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that we and our affiliates shall not be responsible for any losses incurred in connection with any misuse of or failure to secure Passwords, nor shall they have any responsibility whatsoever for your failure to comply with this Section.
- Submissions. You acknowledge and agree that any suggestions, ideas, opinions (including without limitation,
reviews) or other information submitted or otherwise communicated by you to us through the CarMagnets.com Site
(collectively, the "Submissions") become our property of, including all copyrights and other intellectual property
rights therein, and You assign to us, and waive in favor of us, any and all present and future rights, including but
not limited to, moral rights, in such Submissions; provided, however, that nothing in this Agreement shall constitute an assignment or transfer of rights to CARMAGNETS.COM in any files, graphics, logos, designs or copy which you submit to any CARMAGNETS.COM. We will be entitled to use each Submission, except Client Materials, for any commercial or other purpose whatsoever without compensation or other accounting to you or any other person sending the Submissions, and will not incur any liability as a result of any similarities that may appear in our future operations. You will continue to be responsible for the substance of the Submissions including, without limitation, any indemnification obligations related to such Submissions. We will not be required to treat any Submissions as confidential. You acknowledge and agree that all or any portion of the Submissions, except Client Materials, may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed, without compensation or accounting of
any kind.
By submitting any Submissions, you represent and warrant that you have the full right and authority to submit such
Submissions, and that no such Submissions are subject to any copyright or other proprietary right of a third party.
In addition, you agree not to post e-mails or submit to or publish through the Website (including any Submission), or
act in a way, which violates this Agreement or in our opinion:
a.seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
b.you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
c. advocate or promote illegal activity;
d. copy any other pages or images on the Site except with appropriate authority; or - Trademarks. The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means if identifying products or services displayed on any of the CarMagnets.com Site, including without limitation, the CarMagnets.com trademarks and service marks and any marks identical or similar thereto are our or our licensors registered and/or common law marks or other Intellectual Property Rights.
- Ownership. All content and materials on the CarMagnets.com Site including, without limitation, trademarks, logos, button icons, images, audio clips, and software, copyrights, patents and other materials included in the Services or the CarMagnets.com Site, are our property or our licensors’ property in which we or our licensors own the Intellectual Property Rights, and are protected by U.S. and international copyright, patent, trademarks, and other proprietary rights laws. The compilation of all content on the CarMagnets.com Site is our exclusive property and is protected by U.S. and international copyright laws.
- Privacy. Please review our Privacy Policy, which also governs your use of this CarMagnets.com Site, to understand our privacy practices.
- Compliance with Laws. You may use the Services and the CarMagnets.com Site only for lawful purposes. The Services and use of the CarMagnets.com Site are subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws or specific regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization from us.
- Consent to Agreement. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter., YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS CarMagnets.com SITE.
- Links to Third Party Site and Information. You expressly acknowledge and agree that this CarMagnets.com Site may contain links to other web Site not controlled, operated or owned by us, and that certain Services on the CarMagnets.com Site such as a general contents page and informational pages (which may include, without limitation, news of interest to users of the CarMagnets.com Site, shipper information and other Services) may include materials and information from third parties. You acknowledge and agree that we have no control over such third party webSite and informationSome jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
- We Make No Warranties. YOUR USE OF THE SERVICES AND THE CarMagnets.com SITE IS AT YOUR SOLE RISK. THE SERVICES AND THE CarMagnets.com SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT THE CarMagnets.com SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CarMagnets.com SITE AT ANY TIME, WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS CarMagnets.com SITE, THAT YOUR USE IS AT YOUR SOLE RISK.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CarMagnets.com AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF THE CarMagnets.com SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Indemnity of Us. You agree to indemnify and hold harmless CarMagnets.com, its affiliates and subsidiaries, and all their directors, officers, agents, employees, suppliers, vendors, and service providers, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services, any aspect of the CarMagnets.com Site, any other activities of yours accomplished using the Services or the CarMagnets.com Site, or claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party arising out of any Submission.
- Choice of Law and Forum. The Services are controlled by us from within the State of California, USA, although it may be accessed and used throughout the world. Subject to Section 12 above, by submitting a registration or by accessing or using the Services, you and we each agree that the substantive laws of the State of California USA will govern with respect to all matters relating to or arising from this Agreement, or the use (or inability to use) the Services, and that such laws will apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth above, you and we agree and hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Los Angeles County, USA with respect to such matters. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred.
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