By visiting, browsing, accessing, viewing or otherwise using this product, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this product and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Wheelwell, Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
1. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
2. Non-Personal Information Collected
Wheelwell may collect or receive non-personally identifiable usage information specifically related to your use of Wheelwell and your responses to the offerings and advertisements presented to you within ("Non-Personal Information").
3. Log File
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
5. Thirty Party Advertising
6. Linked Sites
Wheelwell may contain links to websites maintained by third parties that are not affiliated with Wheelwell, Inc. ("Linked Sites"). These links may be found in advertisements, referenced within content, or placed along with the names or logos of sponsors.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately notify Wheelwell of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Wheelwell.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that you, and not Wheelwell, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Wheelwell does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wheelwell be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You agree to not use the Site to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Wheelwell official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site.
You acknowledge that Wheelwell may or may not pre-screen or monitor Content, but that Wheelwell and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the foregoing, Wheelwell and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Wheelwell may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Wheelwell, its users and the public. Subject to the foregoing, Wheelwell will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
The Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site.
Content Submitted to the Site
Wheelwell does not claim ownership of Content you may submit or make available for inclusion on the Site. However, with respect to Content you submit or make available for inclusion on the Site (other than User Data or Payment Method information), you grant Wheelwell a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site for the purposes of providing and promoting the Site and the features and services available on the Site.
The Site may provide you with the option of making certain Content that you submit to the Site as private or available only to select users of the Site. If, upon submission of Content to the Site, you initially elect to mark such Content as private or available for a limited group of users, Wheelwell will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, Wheelwell can not and does not guarantee the privacy of such Content.
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to Wheelwell a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Wheelwell any Feedback that you do not wish to license to us as set forth above.
DISCLAIMER OF WARRANTIES
Wheelwell, Inc. provides all Wheelwell products AND CONTENT ON AN "AS IS" BASIS. Wheelwell, Inc. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, CONTENT PROVIDERS AND THE LIKE (TOGETHER, "AFFILIATES") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO Wheelwell OR THE CONTENT NOR TO THE UNINTERRUPTED AND ERROR-FREE USE OF Wheelwell. Wheelwell AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, ACCURACY, TIMELINESS, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Wheelwell AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES THAT Wheelwell WILL BE AVAILABLE OR UNINTERRUPTED, THAT THE CONTENT IS ACCURATE, RELIABLE OR TIMELY, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT Wheelwell IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY ASSUME THE RISK AS TO YOUR USE OF Wheelwell AND THE ACCURACY AND COMPLETENESS OF THE CONTENT.
LIMITATION ON LIABILITY
IN NO EVENT SHALL Wheelwell, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF Wheelwell OR ANY LINKED SITES, EVEN IF Wheelwell, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright and other relevant intellectual property rights exists on all text, imagery, and software processes relating to the Company’s services and the full content of this product. This Company’s logo is a registered trademark of this Company in the United States. All vehicle names, brand names, and part model names are copyrights of their respective owners and are not affiliated with Wheelwell, Inc. unless stated otherwise.
You agree to indemnify, defend and hold harmless Wheelwell, Inc. and its Affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on Wheelwell, any activity related to your account by you or any other person, any material that you submit to, or transmit through Wheelwell, your violation of this Agreement, your infringement or violation of any rights of another, or Wheelwell’s termination of your access to Wheelwell.
You agree that Wheelwell may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Site. Termination of your account may include (x) removal of access to all offerings within the Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in Wheelwell’s sole discretion and that Wheelwell shall not be liable to you or any third party for any termination of your account or access to the Site.
This Site is controlled by Wheelwell from its offices within the United States of America. Wheelwell makes no representation that the Content in the Site or the Site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the Site, the Content or the Terms shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.
By accessing this product you consent to these Terms and Conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Support and Questions
If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org.
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