Introduction
These Terms and Conditions (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the “Services”) made available in the United States and its territories and possessions by Halibrand® Wheels.
Please read these Terms carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services. If these Terms are considered an offer by Halibrand® Wheels, acceptance is expressly limited to these Terms.
Halibrand® Wheels may modify these Terms at any time without notice, and such modifications shall be effective immediately upon posting to this site. You agree to review these Terms periodically to ensure you are aware of any changes. Your continued access or use of the Services constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Services.
1. Eligibility
You must be at least 13 years of age to access or use the Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with the Services. If you are accessing or using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. Access and Use
Halibrand® Wheels hereby grants you permission to access and use the Services pursuant to the Terms set forth herein. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the permission granted herein.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. You may stop using the Services at any time. You do not need to specifically inform Halibrand® Wheels when you stop using the Services.
You agree not to access or attempt to access any part of the Services that you are not authorized to access and not to attempt to circumvent any access or use restrictions put into place to maintain the security of the Services.
Certain features of the Services may require you to open an account. You must provide accurate and complete information and keep your account information updated. You are solely responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers, and symbols. You must notify us immediately of any breach of security or unauthorized use of your account.
3. Accounts and Profiles
You may need to create an account to access certain features and functions via the Services. You are responsible for safeguarding your account access credentials and you agree not to disclose your account access credentials to any third party. You understand and agree that we cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account access credentials.
In creating an account, you represent that you are at least 18 years of age and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete or outdated information may result in immediate termination of your account.
You are solely responsible for your actions and any content, including any and all data, text, information, usernames, graphics, images, photographs, profiles, audio and video clips, links, domain names, and other content or materials (collectively, “Content”), that you submit, post or display via the Services.
You must not create an account for anyone other than yourself without permission. You must not create more than one personal profile. If we disable your account, you may not create another one without our permission.
4. User Content
We welcome your comments, suggestions, and feedback regarding the Services, including User Content contributed through message boards, chat, profile pages, blogs, and other interactive areas of the Services (“Interactive Areas”). When you submit User Content via the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, copy, publicly perform, publicly display, modify, create derivative works based upon, and otherwise exploit in any manner, the User Content that you submit, in all media formats and channels now known or hereafter developed.
You are solely responsible for all User Content that you make available via the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases necessary to grant Halibrand® Wheels the license to the User Content as set forth above; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or control and take no responsibility for any User Content submitted by you or any third party to the Services. You use Interactive Areas at your own risk.
We may remove or modify any User Content submitted at any time, without notice and at our sole discretion. We have no obligation to retain or provide you with copies of any User Content you submit.
5. Acceptable Use Policy
You agree not to use the Services to:
- Upload, transmit or distribute any User Content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Halibrand® Wheels, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose Halibrand® Wheels or its users to any harm or liability of any type.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- Violate any applicable local, state, national or international law, or any regulations having the force of law.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Solicit personal information from anyone under the age of 18.
- Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
Halibrand® Wheels has no obligation to monitor any Interactive Areas and content submitted by users. However, we reserve the right, and have absolute discretion, to monitor any Interactive Areas at any time and to remove any material that breaches this Acceptable Use Policy.
6. Rights We Grant You
Halibrand® Wheels grants you a personal, limited, revocable, nonexclusive, nonassignable, and nontransferable license to access and make personal, non-commercial use of the Services conditioned on your continued acceptance of and compliance with these Terms. You may use the Services for your noncommercial personal use and for no other purpose.
The license granted to you does not include any resale or commercial use of the Services or its contents; collection and use of any product listings, pictures or descriptions; derivative use of any portion of the Services, use of any data mining, robots, or similar data gathering and extraction tools; downloading (other than the page caching) of any portion of the Services, except as expressly permitted on the Services; or any use of the Services other than for its intended purpose.
Any use of the Services or the content therein other than as specifically authorized herein, without the prior written permission of Halibrand® Wheels, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Halibrand® Wheels at any time without notice and with or without cause.
The content layout, formatting, and design of the Services and the content therein, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Halibrand® Wheels and is protected by United States and international copyright laws. The compilation of all content of the Services is the exclusive property of Halibrand® Wheels and protected by U.S. and international copyright laws. All software used in the Services is the property of Halibrand® Wheels and is protected by United States and international copyright laws.
7. Indemnification
You agree to indemnify, defend and hold harmless Halibrand® Wheels and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your: (a) use of the Services in violation of these Terms or in violation of applicable law; (b) User Content; or (c) infringement upon or violation of the rights of any third party, including any intellectual property rights or any rights of publicity or privacy.
We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters at your sole cost and expense, and you agree to cooperate with us upon our request.
8. Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. HALIBRAND® WHEELS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE HALIBRAND® WHEELS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED FROM THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. HALIBRAND® WHEELS WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE USE OF THE SERVICES.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HALIBRAND® WHEELS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF HALIBRAND® WHEELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL HALIBRAND® WHEELS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO HALIBRAND® WHEELS FOR USE OF THE SERVICES IN THE PAST TWELVE MONTHS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HALIBRAND® WHEELS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Third Party Content and Services
The Services may include hyperlinks to websites and services operated by third parties including advertisers, partnerships, and social media platforms (collectively, “Third Party Content”). These linked sites are not under our control, and we are not responsible for the content of any Third Party Content. Third Party Content may be provided to you as a convenience, and the inclusion of any Third Party Content does not imply endorsement by us. You access and use Third Party Content at your own risk.
11. Copyright Complaints
Halibrand® Wheels respects the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. When we receive proper written notice that any content posted on the Services infringes on another person’s intellectual property rights, we will promptly remove or disable access to the allegedly infringing content.
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of the location on the Services of the material that you claim is infringing.
- Your address, telephone number, and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent
Halibrand® Wheels
[email protected]
Please note that this procedure is exclusively for notifying Halibrand® Wheels that your copyrighted material has been infringed.
12. Privacy
We take your privacy seriously and any information you provide to us is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms.
13. Dispute Resolution
You agree that any dispute arising out of or relating in any way to these Terms, the Services, your use of the Services, or any products, services, or information you received through the Services shall be resolved solely through confidential, binding arbitration. The arbitration shall be conducted before a single, neutral arbitrator in accordance with the rules of the American Arbitration Association. Arbitration proceedings shall be held in English in the United States at a location to be agreed upon by the parties or, if no agreement can be reached on location, at a location determined by the arbitrator. The arbitrator’s award shall be final and binding. The parties agree that the arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of these Terms and of any claim that all or part of these Terms are void or voidable.
14. U.S. Export Controls
The Services and any software programs available on or through the Services are subject to United States export controls. No software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
15. Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services. We are not responsible for any loss or harm related to your inability to access or use the Services.
16. Severability
If it turns out that a particular term is not enforceable, the term will be modified such that it is enforceable and this will not affect any other terms contained herein.
17. Variation
Halibrand® Wheels may revise these Terms from time to time and will always post the most current version on the Services. If a revision meaningfully reduces your rights, we will notify you. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
18. Governing Law
These Terms and your access to and use of the Services will be governed by and construed and enforced in accordance with the laws of the United States and the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, will be resolved in the state or federal courts of the United States in and for Santa Clara County, California, USA, and the parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts.
19. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void. We may freely assign these Terms.
20. No Waivers
The failure by Halibrand® Wheels to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by Halibrand® Wheels must be unequivocal and in writing to be effective.
21. No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
22. Notices
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
23. Entire Agreement
These Terms constitute the entire agreement between you and Halibrand® Wheels relating to your access to and use of the Services. These Terms supersede and replace any prior agreements between you and Halibrand® Wheels relating to your access to and use of the Services.
24. Contact Us
If you have any questions about these Terms, please contact us at:
Halibrand® Wheels
Attn: Legal
1801 Russellville Rd
Bowling Green, KY 42101
United States
Email: [email protected]