AGREEMENT BETWEEN YOU AND ClubGP.com / FXOL ("ClubGP")
Note to Children: YOU MUST BE AT LEAST 16 YEARS OLD TO REGISTER FOR SERVICES OR TO PURCHASE PRODUCTS ON THIS SITE OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THIS SITE. REGISTRATION FOR SERVICES OR THE PURCHASE OF PRODUCTS BY ANY PERSON UNDER THE AGE OF 16 IS STRICTLY PROHIBITED.
Accounts and Passwords.
If a particular ClubGP Site, or any product or service offered on any ClubGP Site ("Service" and collectively "Services", and collectively "ClubGP Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ClubGP immediately of any unauthorized use of your account or any other breach of security. ClubGP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ClubGP or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
DISCLAIMER OF WARRANTIES.
Your use of the ClubGP Sites is at your own risk. While ClubGP uses reasonable efforts to ensure the accuracy, correctness and reliability of the ClubGP Sites’ content, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the sites. Prices and availability are subject to change without notice. Further, ClubGP makes no representation of any kind that all content, materials and services on the ClubGP Sites are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those accessing the ClubGP Sites from such locations act on their own initiative and we are not responsible for their compliance with applicable laws.
Products you purchase on the ClubGP Sites may be accompanied by a manufacturer’s warranty. This is your only warranty with respect to the products. Except as otherwise specifically provided, ClubGP does not itself warrant any of the products offered for sale on the ClubGP Sites. ClubGP is not responsible for any damage to your vehicle arising from any products sold on the ClubGP Sites.
How products affect your new vehicle warranty. Parts offered for sale on the ClubGP Sites may impact your new vehicle warranty. It is generally illegal for a dealership to void your warranty simply because you have made modifications to your vehicle. It is the dealerships responsibility to prove that your modification directly caused or affected the failure. However, some dealerships are more performance-oriented and willing to work with customers on these issues. You should consult with your local dealership regarding their warranty policies.
ClubGP DOES NOT WARRANT THAT THE ClubGP SITES WILL OPERATE ERROR-FREE OR THAT THIS ClubGP SITES AND ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE ClubGP SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ClubGP IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ClubGP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ClubGP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, AND/OR LINKS APPEARING ON THE SITE.
Limitation on Liability.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER ClubGP NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THE ClubGP SITES OR FROM ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THE ClubGP SITES, EVEN IF ClubGP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THE ClubGP SITES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE ClubGP SITES. IF YOU ARE DISSATISFIED WITH A PRODUCT PURCHASED THROUGH A ClubGP SITE, YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN OUR RETURNS POLICY.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
©ClubGP.com 1998. All rights reserved. Except where otherwise indicated, everything featured or displayed on the ClubGP Sites, including, but not limited to, text, graphics, photographs, images, moving images, sound and illustrations (the "Content"), belongs to ClubGP, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on the ClubGP Sites could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.
All of the trademarks, logos, and service marks appearing on the ClubGP Sites (the "Trademarks") are the registered and unregistered trademarks of ClubGP and other third parties, protected under the laws of the United States and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner.
Use on the ClubGP Sites of the trademark(s) of any other party is not intended to imply ClubGP’s affiliation with or endorsement of that party, or that party's sponsorship or endorsement of ClubGP, its products or services.
Links to Other Sites.
The ClubGP Sites may contain links to sites not operated or maintained by ClubGP. These links are provided solely as a convenience to you and not as an endorsement by ClubGP of the content of such third party sites. ClubGP is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against ClubGP regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies of when you access that site. ClubGP reserves the right to terminate any link or linking program at any time.
User Code of Content; Acceptable Use.
The ClubGP Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, photo albums, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
ClubGP has no obligation to monitor the Communication Services. However, ClubGP reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ClubGP reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ClubGP reserves the right at all times to disclose any information as ClubGP deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ClubGP's sole discretion.
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which is made available through the ClubGP Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
ClubGP does not control or endorse the content, messages or information found in any Communication Service and, therefore, ClubGP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
Materials Provided to ClubGP or Posted at Any ClubGP Site.
ClubGP does not claim ownership of the materials you provide to ClubGP (including feedback and suggestions) or post, upload, input or submit to any ClubGP Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ClubGP, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all ClubGP Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a ClubGP Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. ClubGP is under no obligation to post or use any Submission you may provide and ClubGP may remove any Submission at any time in its sole discretion.
Governing Law and Venue.
This Agreement shall be interpreted, construed and governed by the laws of the State of Texas, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Texas in Collin County (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, ClubGP shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of ClubGP, such action is necessary or desirable.
Notices and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ClubGP’s Designated Agent.
Other Site Policies.
ClubGP reserves the right, in its sole discretion, to terminate your access to all or part of the ClubGP Sites, with or without notice.
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