Last Modified:8/29/2023
TERMS OF USE
I. Acceptance of the Terms of Use
A. These terms of use are entered into by and between You and Summit Racing ("Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of https://www.summitracing.com, including any content, functionality and services offered on or through https://www.summitracing.com (the "Website"), whether as a guest or a registered user.
B. Please read the Terms of Use carefully before You start to use the Website. By using the Website, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.summitracing.com/privacy, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Website.
II. Changes to the Terms of Use
A. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
B. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on you.
III. Accessing the Website and Account Security
A. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
B. You are responsible for both:
1. Making all arrangements necessary for You to have access to the
Website.
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
C. To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information You provide on the Website is correct, current
and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy found at https://www.summitracing.com/privacy, and, as applicable, our Code of Conduct found at https://www.summitracing.com/codeofconduct, and You consent to all actions we take with respect to your information consistent with our Privacy Policy and Code of Conduct.
D. If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that You exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
E. We have the right to disable any user name, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.
IV. Intellectual Property Rights
A. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
B. These Terms of Use permit You to use the Website for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
4. If we provide desktop, mobile or other applications for download, You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
C. You must not:
1. Modify copies of any materials from this site.
2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
D. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
E. If You wish to make any use of material on the Website other than that set out in this section, please address your request to: mygarageadmin@summitracing.com.
F. If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
V. Trademarks
A. The Company name, any trademarks listed https://help.summitracing.com/app/answers/detail/a_id/3734/session/L2F2LzEvdGltZS8x NjQyNzg0NzMzL2dlbi8xNjQyNzg0NzMzL3NpZC9mVWphYVN4SVN1aGlQUG1Xcl 9GUlFxYmkyaGtsVTh6bkxNVHpEaDd6amN5WmMwampXSlFIczklN0VNeiU3RTdya 0VNRUd5T0FqNW9HemN6TWhGR1I1bFRoc0JtVzJ6UXdrS1N3SXFMTEZRTmFIcW
k3YlVhYWJKYlNaMDh3JTIxJTIx, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission
of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
VI. Prohibited Uses
A. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
5. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
B. Additionally, You agree not to:
1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
4. Use any device, software or routine that interferes with the proper working of the Website.
5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
8. Otherwise attempt to interfere with the proper working of the
Website.
VII. User Contributions
A. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, My Garage, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
B. All User Contributions must comply with the Content Standards set out in these Terms of Use.
C. All User Contributions must comply with the Code of Conduct provided
below.
D. By submitting User Contributions to the Website, You automatically grant, or represent or warrant that the owner has expressly granted, to us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Contributions (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and
(2) in connection with the businesses of our affiliates, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Contributions.
E. We reserve the right to display advertisements in connection with your User Contributions and to use your User Contributions for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Contributions may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
F. The Website provides You with the option of making certain User Contributions You submit private or available only to select users of the site. If, upon submission of the User Contribution, You initially elect to mark such User Contribution as private or available for a limited group, the Website will maintain the privacy of such User Contribution in accordance with your privacy setting. However, if You do not mark your User Contribution as private or available for a limited group of users, or later change such designation to allow such User Contribution to be made generally available, your User Contribution will be visible to all users of the Website and will become searchable both on-site and by Google or other search engines. Any time User Contributions are viewable by other users of the Website, it is possible that the other users may reproduce the User Contributions.
G. You represent and warrant that:
1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
2. All of your User Contributions do and will comply with these
Terms of Use.
H. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
I. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website.
VIII. Monitoring and Enforcement; Termination
A. We have the right to:
1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
3. Disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
B. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
C. However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
IX. Content Standards
A. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our {Invalid hyperlink URL}.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote or assist any
unlawful act.
7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
X. Copyright Infringement
A. If You believe that any User Contributions violate your copyright, please go to https://www.onallcylinders.com/summit-racing-ip-intellectual-property-claim-form for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
XI. Reliance on Information Posted
A. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
B. This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
XII. Changes to the Website
A. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
XIII. Information About You and Your Visits to the Website
A. All information we collect on this Website is subject to our {Invalid hyperlink URL}. By using the Website, You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
XIV. Online Purchases and Other Terms and Conditions
A. Risk of loss - You acknowledge and agree theat all purchases and products from Autosales Incorporated are made pursuant to a shipment contract. This means that the risk of loss and title for such items and products passes to you upon delivery to the carrier by Autosales Incorporated of such items and products.
B. Please note: We reserve the right to limit quantities..
C. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
XV. Linking to the Website and Social Media Features
A. You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part
B. This Website may provide certain social media features that enable You
to:
1. Link from your own or certain third-party websites to certain content on this Website.
2. Send e-mails or other communications with certain content, or links to certain content, on this Website.
3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
C. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not:
1. Establish a link from any website that is not owned by you.
2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
D. The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
E. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
F. We may disable all or any social media features and any links at any time without notice in our discretion.
XVI. Links from the Website
A. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
XVII. Geographic Restrictions
A. The owner of the Website is based in the State of Ohio in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.
XVIII. Disclaimer of Warranties
A. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
B. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
C. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
D. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XIX. Limitation on Liability
A. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
B. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XX. Indemnification
A. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
XXI. Governing Law and Jurisdiction
A. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
B. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Tallmadge and County of Summit, although we retain the right to bring any suit, action or proceeding against You for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
XXII. Arbitration
A. At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.
XXIII. Limitation on Time to File Claims
A. ANY CAUSE OF ACTION OR CLAIM You MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
XXIV. Waiver and Severability
A. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
B. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
XXV. Entire Agreement
A. The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between You and My Garage with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
XXVI. Your Comments and Concerns
A. This website is operated by Summit Racing, 1200 Southeast Avenue, Tallmadge, Ohio 44278..
B. All notices of copyright infringement claims should be sent to the copyright agent designated in our https://www.onallcylinders.com/summit-racing-ip- intellectual-property-claim-form/in the manner and by the means set forth therein.
C. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: mygarageadmin@summitracing.com.
CODE OF CONDUCT
I. Purpose
The Interactive Services allow automotive, powersports, and motorsports enthusiasts to post, submit, publish, display or transmit to other users their User Contributions. We value the participation of every user of these Interactive Services. Accordingly, all users of the Interactive Services are expected to show respect and courtesy to all other users of the Interactive Services at all times. In order to make clear what kind of conduct will not be tolerated, we provide the following Code of Conduct.
II. Code of Conduct
A. An Inclusive Community. The Website is dedicated to providing a harassment-free environment for automotive, powersports, and motorsports enthusiasts to interact regardless of gender, sexual orientation, disability, physical appearance, body size, race, or religion. Our users span many different locations and come from all different backgrounds. Therefore, there are certain kinds of behavior that simply will not be tolerated.
B. General Considerations. Just as in any community, certain basic courtesies should be observed at all times:
1. Be considerate, respectful, and kind.
2. Refrain from demeaning, discriminatory or harassing speech. Harassment includes offensive verbal comments related to gender, sexual orientation, disability, physical appearance, body size, race, religion, posting sexual images, or making sexual comments or innuendos, deliberate intimidation, stalking, engaging in unwanted photography or recording, inappropriate comments, and unwelcome sexual attention.
3. Do not post commercial messages via the Interactive Services. The Interactive Services are not offered as a sales channel. If You believe that a product that You sell will benefit another user, You must contact them directly by means other than the Website or Interactive Services.
4. Do not engage in politically divisive comments or threads.
5. Do not engage in any of the Specifically Prohibited Behaviors provided in Section VI of the Terms of Use.
6. Always observe the Content Standards provided in Section IX of the Terms of Use.
C. Other Considerations.
1. Do not spam the forums or any other Interactive Services. Place your posts only in the location that makes the most sense. Creating multiple threads or discussions on the same topic is not allowed.
2. We do not control, are not responsible for and make no representations or warranties with respect to any user, user conduct, or User Contribution. You are solely responsible for your interaction with or reliance on any user, user conduct, or User Contribution. You are also responsible for your own conduct and activites on, through or related to the Website and Interactive Services, and, if You create an account on our Website or Interactive Services, You are responsible for all conduct or activities on, through or by use of your account.
3. We have the right, but not the obligation, to monitor user conduct and User Contributions. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Contributions. We may, in our sole discretion and without notice, start, stop, or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of this Code of Conduct or other Terms of Use by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation. You also understand and agree that any action or inaction by the Company, its employees, or site moderators (collectively, "ourrepresentatives" and individually "our representative") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, user conduct or User Contributions is undertaken voluntarily and in good faith, and You expressly agree that neither we nor any of our representatives will be liable to You or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content or user conduct.
4. You must refrain from sharing other User Contributions anywhere else other than as part of the Interactive Services.
D. Enforcement.
1. If You are asked to stop engaging in a particular behavior, You are expected to comply immediately.
2. Failure to follow this Code of Conduct may result in any response the moderates of the Website and Interactive Services deem appropriate, including warning the offender all the way to immediate termination of the offenders account.
3. If You feel someone is violating this Code of Conduct You can contact the moderates of the Website or Interactive Services at mygarageadmin@summitracing.com
E. Questions. If You have any questions concerning this Code of Conduct, You can contact us at mygarageadmin@summitracing.com. Any communication sent to this email address will be treated as confidential.
TERMS OF USE
I. Acceptance of the Terms of Use
A. These terms of use are entered into by and between You and Summit Racing ("Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of https://www.summitracing.com, including any content, functionality and services offered on or through https://www.summitracing.com (the "Website"), whether as a guest or a registered user.
B. Please read the Terms of Use carefully before You start to use the Website. By using the Website, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.summitracing.com/privacy, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Website.
II. Changes to the Terms of Use
A. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
B. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on you.
III. Accessing the Website and Account Security
A. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
B. You are responsible for both:
1. Making all arrangements necessary for You to have access to the
Website.
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
C. To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information You provide on the Website is correct, current
and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy found at https://www.summitracing.com/privacy, and, as applicable, our Code of Conduct found at https://www.summitracing.com/codeofconduct, and You consent to all actions we take with respect to your information consistent with our Privacy Policy and Code of Conduct.
D. If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that You exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
E. We have the right to disable any user name, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.
IV. Intellectual Property Rights
A. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
B. These Terms of Use permit You to use the Website for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
4. If we provide desktop, mobile or other applications for download, You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
C. You must not:
1. Modify copies of any materials from this site.
2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
D. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
E. If You wish to make any use of material on the Website other than that set out in this section, please address your request to: mygarageadmin@summitracing.com.
F. If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
V. Trademarks
A. The Company name, any trademarks listed https://help.summitracing.com/app/answers/detail/a_id/3734/session/L2F2LzEvdGltZS8x NjQyNzg0NzMzL2dlbi8xNjQyNzg0NzMzL3NpZC9mVWphYVN4SVN1aGlQUG1Xcl 9GUlFxYmkyaGtsVTh6bkxNVHpEaDd6amN5WmMwampXSlFIczklN0VNeiU3RTdya 0VNRUd5T0FqNW9HemN6TWhGR1I1bFRoc0JtVzJ6UXdrS1N3SXFMTEZRTmFIcW
k3YlVhYWJKYlNaMDh3JTIxJTIx, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission
of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
VI. Prohibited Uses
A. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
5. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
B. Additionally, You agree not to:
1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
4. Use any device, software or routine that interferes with the proper working of the Website.
5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
8. Otherwise attempt to interfere with the proper working of the
Website.
VII. User Contributions
A. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, My Garage, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
B. All User Contributions must comply with the Content Standards set out in these Terms of Use.
C. All User Contributions must comply with the Code of Conduct provided
below.
D. By submitting User Contributions to the Website, You automatically grant, or represent or warrant that the owner has expressly granted, to us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Contributions (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and
(2) in connection with the businesses of our affiliates, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Contributions.
E. We reserve the right to display advertisements in connection with your User Contributions and to use your User Contributions for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Contributions may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
F. The Website provides You with the option of making certain User Contributions You submit private or available only to select users of the site. If, upon submission of the User Contribution, You initially elect to mark such User Contribution as private or available for a limited group, the Website will maintain the privacy of such User Contribution in accordance with your privacy setting. However, if You do not mark your User Contribution as private or available for a limited group of users, or later change such designation to allow such User Contribution to be made generally available, your User Contribution will be visible to all users of the Website and will become searchable both on-site and by Google or other search engines. Any time User Contributions are viewable by other users of the Website, it is possible that the other users may reproduce the User Contributions.
G. You represent and warrant that:
1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
2. All of your User Contributions do and will comply with these
Terms of Use.
H. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
I. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website.
VIII. Monitoring and Enforcement; Termination
A. We have the right to:
1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
3. Disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
B. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
C. However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
IX. Content Standards
A. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our {Invalid hyperlink URL}.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote or assist any
unlawful act.
7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
X. Copyright Infringement
A. If You believe that any User Contributions violate your copyright, please go to https://www.onallcylinders.com/summit-racing-ip-intellectual-property-claim-form for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
XI. Reliance on Information Posted
A. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
B. This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
XII. Changes to the Website
A. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
XIII. Information About You and Your Visits to the Website
A. All information we collect on this Website is subject to our {Invalid hyperlink URL}. By using the Website, You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
XIV. Online Purchases and Other Terms and Conditions
A. Risk of loss - You acknowledge and agree theat all purchases and products from Autosales Incorporated are made pursuant to a shipment contract. This means that the risk of loss and title for such items and products passes to you upon delivery to the carrier by Autosales Incorporated of such items and products.
B. Please note: We reserve the right to limit quantities..
C. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
XV. Linking to the Website and Social Media Features
A. You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part
B. This Website may provide certain social media features that enable You
to:
1. Link from your own or certain third-party websites to certain content on this Website.
2. Send e-mails or other communications with certain content, or links to certain content, on this Website.
3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
C. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not:
1. Establish a link from any website that is not owned by you.
2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
D. The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
E. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
F. We may disable all or any social media features and any links at any time without notice in our discretion.
XVI. Links from the Website
A. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
XVII. Geographic Restrictions
A. The owner of the Website is based in the State of Ohio in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.
XVIII. Disclaimer of Warranties
A. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
B. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
C. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
D. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XIX. Limitation on Liability
A. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
B. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XX. Indemnification
A. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
XXI. Governing Law and Jurisdiction
A. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
B. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Tallmadge and County of Summit, although we retain the right to bring any suit, action or proceeding against You for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
XXII. Arbitration
A. At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.
XXIII. Limitation on Time to File Claims
A. ANY CAUSE OF ACTION OR CLAIM You MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
XXIV. Waiver and Severability
A. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
B. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
XXV. Entire Agreement
A. The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between You and My Garage with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
XXVI. Your Comments and Concerns
A. This website is operated by Summit Racing, 1200 Southeast Avenue, Tallmadge, Ohio 44278..
B. All notices of copyright infringement claims should be sent to the copyright agent designated in our https://www.onallcylinders.com/summit-racing-ip- intellectual-property-claim-form/in the manner and by the means set forth therein.
C. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: mygarageadmin@summitracing.com.
CODE OF CONDUCT
I. Purpose
The Interactive Services allow automotive, powersports, and motorsports enthusiasts to post, submit, publish, display or transmit to other users their User Contributions. We value the participation of every user of these Interactive Services. Accordingly, all users of the Interactive Services are expected to show respect and courtesy to all other users of the Interactive Services at all times. In order to make clear what kind of conduct will not be tolerated, we provide the following Code of Conduct.
II. Code of Conduct
A. An Inclusive Community. The Website is dedicated to providing a harassment-free environment for automotive, powersports, and motorsports enthusiasts to interact regardless of gender, sexual orientation, disability, physical appearance, body size, race, or religion. Our users span many different locations and come from all different backgrounds. Therefore, there are certain kinds of behavior that simply will not be tolerated.
B. General Considerations. Just as in any community, certain basic courtesies should be observed at all times:
1. Be considerate, respectful, and kind.
2. Refrain from demeaning, discriminatory or harassing speech. Harassment includes offensive verbal comments related to gender, sexual orientation, disability, physical appearance, body size, race, religion, posting sexual images, or making sexual comments or innuendos, deliberate intimidation, stalking, engaging in unwanted photography or recording, inappropriate comments, and unwelcome sexual attention.
3. Do not post commercial messages via the Interactive Services. The Interactive Services are not offered as a sales channel. If You believe that a product that You sell will benefit another user, You must contact them directly by means other than the Website or Interactive Services.
4. Do not engage in politically divisive comments or threads.
5. Do not engage in any of the Specifically Prohibited Behaviors provided in Section VI of the Terms of Use.
6. Always observe the Content Standards provided in Section IX of the Terms of Use.
C. Other Considerations.
1. Do not spam the forums or any other Interactive Services. Place your posts only in the location that makes the most sense. Creating multiple threads or discussions on the same topic is not allowed.
2. We do not control, are not responsible for and make no representations or warranties with respect to any user, user conduct, or User Contribution. You are solely responsible for your interaction with or reliance on any user, user conduct, or User Contribution. You are also responsible for your own conduct and activites on, through or related to the Website and Interactive Services, and, if You create an account on our Website or Interactive Services, You are responsible for all conduct or activities on, through or by use of your account.
3. We have the right, but not the obligation, to monitor user conduct and User Contributions. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Contributions. We may, in our sole discretion and without notice, start, stop, or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of this Code of Conduct or other Terms of Use by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation. You also understand and agree that any action or inaction by the Company, its employees, or site moderators (collectively, "ourrepresentatives" and individually "our representative") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, user conduct or User Contributions is undertaken voluntarily and in good faith, and You expressly agree that neither we nor any of our representatives will be liable to You or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content or user conduct.
4. You must refrain from sharing other User Contributions anywhere else other than as part of the Interactive Services.
D. Enforcement.
1. If You are asked to stop engaging in a particular behavior, You are expected to comply immediately.
2. Failure to follow this Code of Conduct may result in any response the moderates of the Website and Interactive Services deem appropriate, including warning the offender all the way to immediate termination of the offenders account.
3. If You feel someone is violating this Code of Conduct You can contact the moderates of the Website or Interactive Services at mygarageadmin@summitracing.com
E. Questions. If You have any questions concerning this Code of Conduct, You can contact us at mygarageadmin@summitracing.com. Any communication sent to this email address will be treated as confidential.