The following terms and conditions (collectively, the “Terms”) govern your access to and use of all websites owned or operated by the Company, including the website currently located at www.wheeljunkies.com or www.thewheeljunkies.com (the “Site”), which contains select Brands and products that the Company sells, and any other content, functionality, interactive features, and services offered on or through www.wheeljunkies.com or www.thewheeljunkies.com via traditional Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “Services”). By using the Site or Services, you agree to these Terms.
You must be at least 18 years old to use the Site or the Services. By using the Site, you represent that you are 18 years of age or older. If you are younger than 18, you must be visiting the Site under the supervision of a parent or guardian.
2. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. The identification / log in information will be used by you to gain access to certain password protected ‘member’ areas of wheeljunkies.com or thewheeljunkies.com. Our terms and conditions will apply during these time periods as well.
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 Site or portions of it using your user name, password or other security information. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You are solely responsible for all access to, and use of, this site by anyone using the identification information created and assigned solely to you for your account. This includes, but is not limited to, all communications, financial obligations and transmissions during such use. It is imperative you protect your account information for your own security.
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.
For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately at firstname.lastname@example.org if you receive such a request, or if you believe your account has been compromised in any way.
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 or your password is being used without permission or otherwise in a manner that may disrupt the Site.
3. Use of the Site and Services – Prohibited Uses
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At the Company and on our websites, including wheeljunkies.com or thewheeljunkies.com, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Site or Services, you agree not to:
- Violate any applicable federal, state, local or international law or regulation;
- Exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below in these Terms;
- Send unsolicited or unauthorized advertising or commercial communications, such as “spam,” “junk mail,” or any other similar solicitation;
- Transmit any malicious or unsolicited software;
- Stalk, harass, or harm another individual;
- Impersonate or attempt to impersonate or misrepresent the Company, a Company employee, your affiliation with someone else, or another user;
- Use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site (although the Company may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials);
- Use automated methods to use the Site or Services in a manner that sends more requests to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
- Interfere with or disrupt the Site or Services or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
4. User Content
You own all content and information you post or share using the Site or Services (referred to as “User Content”), such as posting or sharing product reviews, recommendations, messages, bulletin boards or comments, photos, and profile information and other interactive features (“Interactive Services”).
Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you give the Company permission to use your User Content as follows: you grant to the Company and its affiliates and service providers, and each of their and our respective licensees, successors and assigns, a license to use, copy, modify, display, distribute, perform and otherwise disclose to third parties your User Content in connection with the Site and Services for any purpose. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote the Company, the Site or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes, or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Lastly, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You represent and warrant that:
- You own or control all rights to your User Content or, alternatively, that you have the right to give the Company the rights described above 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;
- You have paid, and will pay in full, any fees or other payments that may be related to the use of your User Content;
- Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party and complies with all of these Terms; and
- We may refuse to accept or transmit User Content. We may remove User Content from the Site or Services for any reason.
In addition, when you post a review or any other comments regarding a product, you agree to disclose all material connections you may have with the manufacturer of such product or a competing manufacturer. A “material connection” is one that could influence the weight or credibility another person would give to the communications or messages made by you.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
5. Content Standards
These content standards apply to any and all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Content violates your copyright, please see our Copyright terms below 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.
6. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, audio and video, graphics, 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.
Permission is granted to electronically copy, and print in hard copy, portions of this Site for the sole purpose of placing an order with the Company. You must not reproduce, distribute, sell, lease, display or create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- 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.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
You must not access or use for any commercial purposes any part of the information provided on the Site for the benefit of another business unless permission is expressly given by the Company in advance of any such use. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, creation of derivative work or republication, without the prior written permission of the Company, is strictly prohibited. If you wish to make use of any materials on this Site other than what is allowed by this section, please address your request to email@example.com.
Unless indicated otherwise, the products in our assortment, and on this Site, are not manufactured by, or on behalf of, DaimlerChrysler®, Ford®, General Motors®, Honda®, Isuzu®, Jeep®, Mazda®, Mitsubishi®, Nissan®, Toyota®, or any other name brands the Company may carry or supply information regarding. No affiliation or connection with, or sponsorship or approval by, any of these organizations is intended.
The entire content included in this Site, including but not limited to text, graphics, logos or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Company and its affiliates. The collective work includes works that are licensed to the Company.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site 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 Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company.
7. Trademarks and Patents
The Company name, the terms, and all related names, service marks, logos and product names of the Company used on this Site, 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 Site are the trademarks of their respective owners.
Select Company products are covered by one or more U.S. patents and/or are patent pending. The Company vigorously protects and defends its patents.
8. Product Reviews
We make no claims or promises about the quality, accuracy, or reliability of any recommendations, reviews, comments or other content available on or through the Site or the Services. The Company is not liable for any loss or damage that might arise from your reliance on any recommendations or other content available on, or through, the Site or Services.
We welcome and appreciate your feedback and suggestions about the Company, and this Site and Services. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.
10. Digital Millennium Copyright Act
The Company respects the intellectual property rights of others. Upon proper notice, the Company will remove User Content or other applicable content that violates copyright law, and will terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, the Company has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send the Company (address listed below) a notification of claimed infringement with all of the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a list of such works;
- Identification of the claimed infringing material and information reasonably sufficient to permit the Company to locate the material on the Site;
- Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an 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 notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your physical or electronic signature.
Please send all of the above information to the following address:
Wheel Junkies, Inc.
Attn: Intellectual Property
375 Jalappa Rd.
Hamburg, PA 19526
Please do not send notices or inquiries unrelated to alleged copyright infringement to the Company.
13. Changes and Corrections to the Site or Services
The Company enhances and updates its Site and Services often. We may change or discontinue the Site or any Services, with, or without, notice to you. The Company reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing or availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability.
14. Termination; Monitoring and Enforcement
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
In addition, we have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
- 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.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
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 Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY, ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site, 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.
15. Disclaimer and Limitations on our Liability
Your use of the Site, its content and any Services or items obtained through the Site is at your own risk. The Site, its content and any Services and all products obtained through the Site are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Company, its affiliates, licensors and service providers, and its and their respective officers, employees, managers, members, parents, subsidiaries, corporate affiliates, agents, and licensors (referred to collectively as “affiliates”) disclaim all warranties of any kind, express or implied, with respect to the Site, its content and any services and products obtained thereby (including the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).
The Company and its affiliates make no representations or warranties about the accuracy or completeness of content available on, or through, the Site or Services (including, without limitation, any reviews, recommendations, comments or other content available on, or through, the site or services) or the content of any websites or resources linked to the Site or Services. The Company and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to, or use of, the Site or Services; (c) any unauthorized access to, or use of, our servers or of any personal or financial information; (d) any interruption of transmission to or from the Site or Services; (e) any bugs, viruses, Trojan horses, or the like which may be transmitted on, or through, the Site or Services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available on, or through, the Site or Services.
Except as expressly provided in these Terms, or in any applicable additional terms, the Company and its affiliates do not warrant, endorse, guarantee, or assume responsibility for any third party product or service recommended, advertised or offered for sale on, or through, the Site or Services or any linked website.
To the fullest extent permitted by applicable law, neither the Company, nor its affiliates, will be liable for damages of any kind, under any theory of liability, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any Services or items obtained through the Site or such other websites, including, for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for personal injury, pain and suffering, emotional distress, loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of, the possibility of such damages) and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Some jurisdictions do not allow the exclusion of certain warranties, or the limitation or exclusion of liability, for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company’s liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless the Company and its affiliates from, and against, any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from, or relating to: (a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the Company in such defense.
17. Other Provisions
Under no circumstances will the Company be held liable for any delay or failure in performance due in whole, or in part, to any acts of nature or other causes beyond its reasonable control.
18. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws, rules or provisions.
Any controversy, claim, or dispute arising out of, or related to, these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Berks County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By entering into these terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with, these terms must be asserted individually. The arbitrator shall not have the power to award punitive damages against any party.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of the Company to enforce any right or provision of these Terms will not prevent the Company from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
19. Changes to these Terms
From time to time, we may update and change these Terms in our sole discretion. If we change these Terms, we will inform you by posting the revised Terms on the Site. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. By continuing to use our Site or Services following any posting of revised Terms, you agree to and accept the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services. You are expected to check this page from time to time so you are aware of any changes. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by the Company without notice at any time for any reason. The provisions relating to Limitation of Liability and Indemnification shall survive any termination.
These Terms were last modified on April 3, 2018.
20. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms 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 shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 will continue in full force and effect.
All Product Warranties are limited and subject to the Manufactures and or Suppliers specific warranty instructions, published or unpublished, on any and all products or services purchased from the Company and cannot be changed or altered in anyway. The Company shall not be held responsible for any and all unresolved Warranty claims by you or any other third party or parties involved.