General Usage of the Site:
This should all go without saying and probably does for most people. In fact, most of this falls into the “everything I need to know, I learned in kindergarten” category, but just to be sure, we are going to spell it all out.
You agree that you will:
You acknowledge and agree that the Company is not responsible for the conduct of users in the interactive areas of the Site. The Company specifically disclaims any responsibility or liability to any person or entity for any loss, liability, claims, suits, costs, expenses, damages (whether actual, consequential, punitive or otherwise), injury, or other cause of any kind based upon or resulting from any material or content posted in the interactive areas of the Site. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use the Site at your own risk.
Likewise, we do not and cannot review every message posted by users in the interactive areas of the Site, and we are not responsible for the content of such messages or the views or opinions expressed by the author of any message. We’ll do our best to deal with troublemakers, but we can’t monitor all the interactive areas of the Site at all times. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. You understand that any content that you post and/or upload on the Site will be considered a submission for purposes of these services. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of us or to protect the safety of our users or the public.
This Site may contain or offer rebates, contests or other promotions, which may be governed by separate rules that describe the rebates, contests or promotions and may have specific eligibility requirements, such as age or geographic area restrictions or date of purchase and installation of the goods and services. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contests, or promotions.
Ownership of Content
NOTICE: Without limiting the generality of the foregoing, the automotive images or video contained herein are owned by EVOX Productions LLC (“EVOX”) and are protected under United States and international copyright law. EVOX reserves the right to pursue unauthorized users of its individual copyrighted images contained herein, each of which have independent economic value. These and other violations of EVOX intellectual property rights may result in your liability for actual damages and loss of income to EVOX and profits you derive from this misappropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. EVOX reserves the right to pursue all legal and equitable remedies against unauthorized uses.
License of Your Submissions and Postings
If you post any materials to the interactive portions of the Site (e.g., user forums, testimonials, blog comment posts, etc.) or submit any materials to us, you hereby irrevocably grant to the Company a perpetual, worldwide, royalty-free right and license to make, use, reuse, modify, display, archive, publish, license, perform, reproduce, disclose, transmit, stream, broadcast, post, sell, offer for sale, license and sub-license through multiple layers, translate, create derivative works of, and/or distribute all such materials and portions of any materials that you submit to us or post to the Site (including, without limitation, any ideas and concepts embodied therein) in any form, media, software or technology of any kind, whether now known or developed in the future, and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing commercial products using and incorporating such information. Without limiting the foregoing, without remuneration of any kind, we may use any material that you submit locally, nationally, or globally and such use may be made in any media, information, or communication platform (including internet advertising currently in use), whether now existing or later developed. So if you aren’t okay with us using it, don’t post it to our Site.
You hereby acknowledge and agree that your relationship with the Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to the Company or to post any such information on the Site does not place the Company in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. Further, by submitting any material to the Company by way of the Site, you also hereby release and discharge the Company, its affiliates and subsidiaries and their respective employees, agents, successors, licensees and assigns from any and all claims that you might have in connection with the Company's use, publication, display, reproduction, distribution or exploitation of the submitted testimonial or product review, including, but not limited to, any claims for defamation; violation of any moral or artist rights (even if such material is altered or changed in a manner not agreeable to you); and/or any right of privacy or publicity.
The content of this Site is subject to change at any time without notice. By accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. The appearance of any link on the Site in no way constitutes an endorsement by the Company of any third-party products or services.
Disclaimer and Limitations on Liability
You understand and agree that the Site and all material contained or made available on them (including, without limitation, all user posts) are provided and made available solely “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.
You agree that the Company and its affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers, agents and directors (collectively, the “Released Parties”), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from, or in connection with, the Site, the user forums made available by the Company, and any other interactive features on the Site, the material posted and made available on the Site, or any errors or omissions in the technical operation of the Site and any materials posted or made available on the Site, even if the Released Parties have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to, the Site or any related information or programs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you.
The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by the Company. Views and opinions of users (including the weblogs of our employees) on the Site do not necessarily state or reflect those of the Company.
Despite our efforts, the fact is the Internet is inherently insecure. The Company expressly disclaims any and all liability, and you agree that the Company will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing the Company any information. The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site. The Site may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason. And one more thing totally unrelated to our Site, beware of those money scams that sometimes appear in your email. Whoever that “wealthy” guy supposedly is, he’s not going to give you a bunch of his money if you just wire him some of your money.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act, the Company has designated a Copyright Agent to receive notice of claims of copyright infringement on the website. The Copyright Agent may be reached at email@example.com or by mailing RightTurn, LLC, 3711 Chester Avenue, Cleveland, Ohio 44114, U.S.A. Attention: Copyright Agent.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide the Copyright Agent the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Thank you and happy tire shopping,
The RightTurn Team