PRECISION PERFORMANCE AUTO CLINIC, LLC TERMS OF USE
1. INTRODUCTION
Welcome to the Internet site of Precision Performance Auto Clinic, LLC ("PPAC").
"PPAC" and any and all entities that control, are controlled by, or are
affiliated or under common control with PPAC are collectively referred to
herein as "we," "us" or "our".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITE. By using
the PPAC Site, you signify your agreement to these terms of use. If you do not
agree to these terms of use, you may not use the PPAC Site. We reserve the
right, in our sole discretion, to change, modify, add or delete portions of
these terms of use at any time in accordance with the procedures set forth below
in section 15 labeled "Amendment."
2. CONSIDERATION
You acknowledge that these terms of use are supported by reasonable and valuable
consideration, the receipt and adequacy of which are hereby acknowledged.
Without limiting the foregoing, you acknowledge that such consideration
includes, without limitation, your use of the PPAC Site and receipt of data,
materials and information available at or through the PPAC Site, the possibility
of our review, use or display of your Submissions (as defined below in section 4
labeled "Submissions"), and the possibility of publicity and promotion from our
review, use or display of your Submissions.
3. RESTRICTIONS ON USE OF MATERIALS
All information, content and materials contained on the PPAC Site are our
copyrighted property or the copyrighted property of our licensors or licensees.
All trademarks, service marks, trade names, and trade dress are proprietary to
us and/or our licensors or licensees. No information, content or material from
the PPAC Site or any Internet site owned, operated, licensed, or controlled by
us may be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way, except that you may download one copy of the
information, content or materials on any single computer for your personal,
noncommercial home use only, provided that (a) you keep intact all copyright and
other proprietary notices, (b) you make no modifications to the information,
content or materials, (c) you do not use the information, content or materials
in a manner that suggests an association with any of our products, services or
brands, and (d) you do not download information, content or materials so as to
avoid future downloads from the PPAC Site. The use of any information, content
or materials on the PPAC Site on any other Web site or computer environment is
prohibited.
The PPAC Site is only for your personal use. You may not use the PPAC Site for
commercial purposes or in any way that is unlawful, or harms us or any other
person or entity, as determined in our sole discretion.
In the event that you download software from the PPAC Site, the software,
including any files, images incorporated in or generated by the software, and
data accompanying the software (collectively, the "Software") are
licensed to you by us or third-party licensors for your personal, noncommercial
home use only. We do not transfer title to the Software to you. You may own the
medium on which the Software resides, but we or our third-party licensors retain
full and complete title to the Software and all intellectual property rights
therein. You may not redistribute, sell, auction, decompile, reverse engineer,
disassemble or otherwise reduce the Software to a human-readable form. Software
from the PPAC Site is further subject to United States export controls. Without
limiting the generality of the foregoing, no software from the PPAC Site may be
downloaded or otherwise exported or re-exported (a) into (or to a national or
resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to
which export is subject to control or licensing by the U.S.; or (b) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list or
otherwise in violation of export control laws or regulations.
4. SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding our
products and services. We hope you will understand that it is the intent of
this policy to avoid the possibility of future misunderstandings when projects
developed by us or under the direction of us might seem to others to be similar
to their own creative work.
You hereby appoint us as your agent with full power to enter into and execute
any document and/or do any act we may consider appropriate to confirm the grant
of rights, consents, agreements, assignments and waivers set forth in these
terms of use.
You agree that any Submissions you make are not being made in confidence or
trust and that no confidential or fiduciary relationship is intended or created
between you and us in any way. To the extent any "moral rights," "ancillary
rights," or similar rights in or to the Submissions exist and are not
exclusively owned by us, you agree not to enforce any such rights as to us or
our licensees, distributors, agents, representatives and other authorized users,
and you shall procure the same agreement not to enforce from any others who may
possess such rights.
The terms of the Submissions License shall govern our right to use all
Submissions. If terms other than the Submissions License govern the submission
of, and our right to use, User-Generated Content submitted in connection with a
particular PPAC Site feature or activity, such other terms shall be posted at
the applicable PPAC Site feature or activity and shall supersede the terms of
the Submissions License; provided however, that in such instances, all
provisions of these terms of use other than the Submissions License shall
continue to apply to such PPAC Site feature or activity (unless otherwise stated
in the terms and conditions applicable to the particular PPAC Site feature or
activity).
Without limiting the scope of the Submissions License or any future grant of
rights, consents, agreements, assignments and waivers you may make with respect
to Submissions, you hereby ratify any prior grant of rights, consents,
agreements, assignments and waivers made by you with respect to Submissions
submitted by you to us.
5. REGISTRATION INFORMATION AND SECURITY
You agree to provide, maintain and update true, accurate, current and complete
information about yourself as prompted by our registration processes (the "Registration
Data"). If you provide any information that does not satisfy this provision,
or we have reasonable grounds to suspect as much, we have the right to suspend
or terminate your account and refuse any and all current or future use of the
PPAC Site (or any portion thereof).
You also agree (a) to promptly notify us at
service@ppacnewaygo.com of any unauthorized use of your username, password,
other account information, or any other breach of security that you become aware
of involving or relating to the PPAC Site. In addition, you agree to exit from
your account at the end of each session.
We explicitly disclaim liability for any and all losses and damages arising from
your failure to comply with this section.
6. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of the PPAC
Site that enables users or visitors of the PPAC Site (a) to submit, post,
display and/or view User-Generated Content and/or (b) to communicate, share or
exchange User-Generated Content with other PPAC Site users, visitors and members
of the general public including, without limitation, a chat area, message board,
instant messaging, mobile messaging, social community environment, profile page,
conversation page, e-mail function (including, but not limited to, electronic
greeting cards and send-a-friend e-mails).
You acknowledge that anything you submit to the PPAC Site by way of any Public
Forum may be routed through our servers, the servers of one or more third
parties on our behalf and the Internet, and may be viewed on the Internet by the
general public and that, therefore, you have no expectation of privacy with
regard to any such submission. You acknowledge that Public Forums and features
offered therein are for public and not private communications. Please keep in
mind that whenever you give out personal information online, through any media,
including without limitation, a Public Forum, that information can be collected
and used by people you don't know. We cannot guarantee the security of any
information you disclose through any of these media; you make such disclosures
at your own risk.
You are and shall remain solely responsible for the User-Generated Content
submitted and/or posted under your username or otherwise by you in any Public
Forum and for the consequences of submitting and posting same. You acknowledge
that the use of User-Generated Content posted in any Public Forum is at your own
risk. For example, we are not responsible for, and we do not endorse, the
opinions, advice or recommendations posted or sent by users in any Public Forum
and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit User-Generated
Content at any time and for any or no reason in our absolute and sole discretion
without prior notice, although we have no duty to do so or to monitor any Public
Forum. If we elect to screen User-Generated Content, there may be a delay in the
posting of such content in a Public Forum to allow for a review process. If we
have questions about your User-Generated Content including, without limitation,
the copyright, we may contact you for further information including, for
example, to verify that you own the copyright or otherwise obtained permission
to post the material.
When participating in a Public Forum, never assume that people are who they say
they are, know what they say they know, or are affiliated with whom they say
they are affiliated with. Information obtained in a Public Forum may not be
reliable, and it is not a good idea to take any action, including to trade or
make any investment decisions, based solely or largely on information you cannot
confirm. We cannot be responsible for the accuracy of any User-Generated Content
contained in a Public Forum, and we shall not be responsible for any trading,
investment, or any other decisions made or actions taken or not taken based on
such information or content.
Your ability to access and browse User-Generated Content within a Public Forum
and/or to submit and/or post User-Generated Content within a Public Forum may be
subject to certain age restrictions and/or related procedures that we may revise
in our sole discretion at any time and for any reason. Any such age restrictions
and procedures will be posted within the Public Forum, as applicable. back to
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To the extent that any feature on the PPAC Site requires you to submit your
e-mail address or mobile phone number in order to send a card, e-mail or
message, you must, and you hereby agree to, furnish your actual e-mail address
or actual mobile phone number, as applicable. Any business use, "re-mailing," or
other high-volume application is strictly prohibited. You are not permitted to
send cards, e-mails or messages using an automated program. Electronic greeting
cards, e-mails and mobile messages may not contain inappropriate language or
images or copyrighted material (without the consent of the copyright holder) or
encourage illegal activity. We reserve the right not to deliver electronic
greeting cards, e-mails and mobile messages that violate these guidelines.
WE MAY CHANGE THE PPAC SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY
TIME AND FOR ANY REASON OR NO REASON.
7. OUR CONTENT REMOVAL RIGHTS
We reserve the right, but disclaim any obligation or responsibility, to remove
any User-Generated Content from the PPAC Site (a) that violates these terms of
use (including, without limitation, the House Rules) and (b) to comply with any
subpoena, order or otherwise cooperate with law enforcement officials regarding
the identification of any user alleged to be using the PPAC Site in violation of
the law. If we deem appropriate in our sole discretion, we reserve the right to
preserve a record of any such User-Generated Content and turn all or a portion
thereof over to law enforcement officials.
8. CONTENT LINKED TO OTHER PPAC SITE
You should be aware that when you are on the PPAC Site, you could be directed to
other sites that are beyond our control. There are links to other sites that
take you outside of our service. For example, if you click on a banner
advertisement or a search result, the click may take you off the PPAC Site. This
includes links from advertisers, sponsors and content partners that may use our
logo(s) as part of a co-branding relationship. You acknowledge that when you
click on a link that leaves the PPAC Site, the site you will land on is not
controlled by us and different terms of use and privacy policy may apply. By
clicking on links to other sites, you acknowledge that we are not responsible
for those sites. We reserve the right to disable links from third-party sites to
the PPAC Site, although we are under no obligation to do so.
We make no representations concerning the content of sites listed in any of our
directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material contained in
sites listed in our search results or otherwise linked to the PPAC Site.
9. DISCLAIMER
THE INFORMATION, CONTENT AND MATERIALS ON THE PPAC SITE IS PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. WE DO
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS
ON THE PPAC SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PPAC
SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED,
MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE PPAC SITE,
INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES
OR SERVICES LINKED TO FROM THE PPAC SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or
availability of information, content and materials found on sites that link to
or from the PPAC Site. We cannot ensure that you will be satisfied with any
products or services that you purchase from a third-party site that links to or
from the PPAC Site or third-party information, content or materials contained on
our sites (including, without limitation, User-Generated Content contained in
Public Forums). We do not endorse any of the merchandise, nor have we taken any
steps to confirm the accuracy, completeness or reliability of, any of the
information, content or materials contained on any third-party site. We do not
make any representations or warranties as to the security of any information,
content or materials (including, without limitation, credit card and other
personal information) you might be requested to give to any third party. You
hereby irrevocably waive any claim against us with respect to information,
content and materials contained on our sites (including, without limitation,
User-Generated Content), on third party sites, and any information, content and
materials you provide to such third party sites (including, without limitation,
credit card and other personal information). We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with
any online or offline transaction with any of these third parties.
10. INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your
username(s), password(s), and your account(s), as well as all activities that
occur under your account(s). You hereby agree to indemnify, defend, and hold us,
our licensors, licensees, distributors, agents, representatives and other
authorized users, and each of the foregoing entities' respective resellers,
distributors, service providers and suppliers, and all of the foregoing
entities' respective officers, directors, owners, employees, agents,
representatives and assigns (collectively, the "Indemnified Parties")
harmless from and against any and all losses, damages, liabilities and costs
(including, without limitation, settlement costs and any legal or other fees and
expenses for investigating or defending any actions or threatened actions)
incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of these terms of use or claims arising from your account(s).
You shall use your best efforts to cooperate with us in the defense of any
claim. We reserve the right, at our own expense, to employ separate counsel and
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
11. AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete
portions of these terms of use at any time without notice, and it is your
responsibility to review these terms of use for any changes. Your use of the
PPAC Site following any amendment of these terms of use will signify and
constitute your assent to and acceptance of such revised terms of use.
12. TERMINATION
These terms of use are effective until terminated by either you or us. You may
terminate these terms of use at any time by discontinuing use of the PPAC Site
and destroying all materials obtained from any and all such sites and all
related documentation and all copies and installations thereof, whether made
under these terms of use or otherwise. In the event that you terminate these
terms of use, you agree to notify us of such termination by sending notice of
such termination via email to:
Member Services
PPAC
service@ppacnewaygo.com
We may immediately terminate these terms of use with respect to you (including
your access to the PPAC Site) without cause and without notice to you in our
sole discretion. Upon termination, you must cease use of the PPAC Site and
destroy all materials obtained from such sites and all copies thereof, whether
made under these terms of use or otherwise.
We have adopted and implemented a policy that provides for the termination, in
appropriate circumstances, of users who are repeat infringers of copyright.
The provisions of these terms of use, which by their nature should survive the
termination of these terms of use, shall so survive such termination.