|
|||||||||
|
AGREEMENT BETWEEN USER AND
MG
TECHNOLOGIES, LLC doing business as MGT MOTORSPORTS MODIFICATION OF THESE TERMS OF USE MGT MOTORSPORTS reserves the right to change the terms, conditions, and notices under which the MGT MOTORSPORTS Web Site is offered, including but not limited to the charges associated with the use of the MGT MOTORSPORTS Web Site.
The MGT MOTORSPORTS Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of MGT MOTORSPORTS and MGT MOTORSPORTS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MGT MOTORSPORTS is not responsible for webcasting or any other form of transmission received from any Linked Site. MGT MOTORSPORTS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MGT MOTORSPORTS of the site or any association with its operators.
As a condition of your use of the MGT MOTORSPORTS Web Site, you warrant to MGT MOTORSPORTS that you will not use the MGT MOTORSPORTS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MGT MOTORSPORTS Web Site in any manner which could damage, disable, overburden, or impair the MGT MOTORSPORTS Web Site or interfere with any other party's use and enjoyment of the MGT MOTORSPORTS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MGT MOTORSPORTS Web Sites.
The MGT MOTORSPORTS Web Site may contain bulletin board services, chat areas. testimonials, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and 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:
MGT MOTORSPORTS has no obligation to monitor the Communication Services. However, MGT MOTORSPORTS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MGT MOTORSPORTS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. MGT MOTORSPORTS reserves the right at all times to disclose any information as 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 MGT Motorsports’ sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MGT MOTORSPORTS does not control or endorse the content, messages or information found in any Communication Service and, therefore, MGT MOTORSPORTS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MGT MOTORSPORTS spokespersons, and their views do not necessarily reflect those of MGT MOTORSPORTS. 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.
POSTED AT
MGT MOTORSPORTS WEB SITE MOTORSPORTS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. MGT MOTORSPORTS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MGT Motorsports’ sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
By using MGT Motorsports web pages for any purpose, you assume all risks associated with the use of this site and its individual pages. This risk includes but is not limited to any risk to the user's computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a MGT Motorsports web page or the user's access to it. MGT Motorsports shall under no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this web site, or from any information, lack of information, documents, software, services, or other material obtained through any MGT Motorsports web pages. You also assume any and all risk arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even in the event that MGT Motorsports and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. To the maximum extent permitted by law, MGT Motorsports shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, procuring, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon the information or lack of information furnished. THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MGT MOTORSPORTS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MGT MOTORSPORTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MGT MOTORSPORTS WEB SITE AT ANY TIME. MGT MOTORSPORTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MGT MOTORSPORTS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MGT MOTORSPORTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MGT MOTORSPORTS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MGT MOTORSPORTS WEB SITE. YOU MAY CONTACT contact@mgtmotorsports.com FOR MORE INFORMATION.
MGT MOTORSPORTS reserves the right, in its sole discretion, to terminate your access to the MGT MOTORSPORTS Web Site and the related services or any portion thereof at any time, without notice. PURCHASER’S RESPONSIBILITY FOR SUITABILITY AND USE OF PRODUCTS PURCHASED FROM MGT MOTORSPORTS By purchasing product(s) from MGT Motorsports, you represent and warrant that you have used independent skill, expertise and judgment in selecting the products for your requirements and intended use, and that you are solely responsible for such matters. You further represent and warrant that you are familiar with the procedures for the proper and safe use, transport, storage, installation, inspection, maintenance, and handling of the products and agree to follow such procedures. MGT MOTORSPORTS CAUTIONS THE PURCHASER:
TERMS AND CONDITIONS OF SALE OF PRODUCTS These terms and conditions are subject to change without prior written notice at any time, at MGT Motorsports sole discretion. As a condition of your purchase of any products from MGT Motorsports, you agree to be bound by and accept these terms and conditions as the sole agreement applicable to your purchase of our products. Any terms and conditions printed on your purchase order will not apply. MGT Motorsports published Privacy, Shipping and Return Policies shall apply unless agreed otherwise in writing by MGT Motorsports.
Except as otherwise required by law, for any product manufactured and sold hereunder by MGT Motorsports, MGT Motorsports to the purchaser that each item purchased from MGT Motorsports will be free from defects in workmanship and materials for a period of twelve months from the date of shipment to the original purchaser. Purchaser’s exclusive remedy and MGT Motorsports’ sole obligation and liability under this warranty is to promptly replace any failed product resulting from defect in workmanship or material. MGT Motorsports does not warranty any item will be error-free or that its use will be uninterrupted. This warranty does not apply to any product that has been altered or used in conjunction with another vendor’s product resulting in the defect, or damaged or rendered unusable by improper installation, abuse, misuse, accident or negligence. Except as otherwise required by law, for any product manufactured by another vendor and sold hereunder, said product shall be sold "as is" and MGT Motorsports makes no warranty, express or implied, including but not limited to any warranty of fitness for a particular purpose or of merchantability. The purchaser is entitled to the manufacturer’s limited expressed warranty, if any, that accompanies the product as its sole and exclusive remedy. MGT Motorsports makes no additional or independent warranty. Nothing in these terms and conditions is intended to enlarge, modify, or replace the original manufacturer’s warranty and liability for defects. Except as otherwise expressly provided herein, MGT Motorsports disclaims and makes no other warranties, express or implied, including any warranty of fitness for a particular purpose or of merchantability. In no event shall MGT be liable for punitive damages, indirect, special or consequential damages such as loss of profits, even if it has been advised of the possibility of such damages, or business opportunities, and in no event shall MGT Motorsports’ liability exceed the purchase price of the product(s).
Sales of our products must follow U.S. Commerce Department Regulations and State Department Restrictions. Products purchased from this Web site may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited.
All sales of MGT Motorsports shall be deemed made in the State of California, regardless of the location of the purchaser. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Sonoma County, California, U.S.A. in all disputes arising out of or relating to the use of the MGT MOTORSPORTS Web Site. Use of the MGT MOTORSPORTS Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MGT MOTORSPORTS as a result of this agreement or use of the MGT MOTORSPORTS Web Site. MGT Motorsports’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MGT Motorsports’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MGT MOTORSPORTS Web Site or information provided to or gathered by MGT MOTORSPORTS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MGT MOTORSPORTS with respect to the MGT MOTORSPORTS Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MGT MOTORSPORTS with respect to the MGT MOTORSPORTS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be in the English language.
All contents of the MGT MOTORSPORTS Web Site are: Copyright 2008-2009 MG Technologies, LLC and/or its suppliers. All rights reserved. |
|||||||||
|
|||||||||
 |
