ClubGP - Terms of Use <% StartTimer=TIMER HostURL = Request.ServerVariables("HTTP_HOST") %>
 
   

ClubGP Terms of Use

Last Updated: February 2004

AGREEMENT BETWEEN YOU AND ClubGP.com / FXOL ("ClubGP")

Note to Children: YOU MUST BE AT LEAST 16 YEARS OLD TO REGISTER FOR SERVICES OR TO PURCHASE PRODUCTS ON THIS SITE OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THIS SITE. REGISTRATION FOR SERVICES OR THE PURCHASE OF PRODUCTS BY ANY PERSON UNDER THE AGE OF 16 IS STRICTLY PROHIBITED.

The ClubGP Site is made up of various Web sites and Web pages operated by ClubGP, 508 Spinnaker Dr, Allen, TX 75013 (collectively, the "ClubGP Sites"). This Terms of Use applies to the ClubGP Sites and does not apply to the content of third parties.

The ClubGP Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ClubGP Sites constitutes your agreement to all such terms, conditions, notices and all applicable laws. ClubGP reserves the right to change the Terms of Use at any time without prior notice and by using the ClubGP Sites subsequent to any revision of the Terms of Use, you agree to be bound by such changes.

Accounts and Passwords.

If a particular ClubGP Site, or any product or service offered on any ClubGP Site ("Service" and collectively "Services", and collectively "ClubGP Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ClubGP immediately of any unauthorized use of your account or any other breach of security. ClubGP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ClubGP or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

DISCLAIMER OF WARRANTIES.

Your use of the ClubGP Sites is at your own risk. While ClubGP uses reasonable efforts to ensure the accuracy, correctness and reliability of the ClubGP Sites’ content, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the sites. Prices and availability are subject to change without notice. Further, ClubGP makes no representation of any kind that all content, materials and services on the ClubGP Sites are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those accessing the ClubGP Sites from such locations act on their own initiative and we are not responsible for their compliance with applicable laws.

Products you purchase on the ClubGP Sites may be accompanied by a manufacturer’s warranty. This is your only warranty with respect to the products. Except as otherwise specifically provided, ClubGP does not itself warrant any of the products offered for sale on the ClubGP Sites. ClubGP is not responsible for any damage to your vehicle arising from any products sold on the ClubGP Sites.

How products affect your new vehicle warranty. Parts offered for sale on the ClubGP Sites may impact your new vehicle warranty. It is generally illegal for a dealership to void your warranty simply because you have made modifications to your vehicle. It is the dealerships responsibility to prove that your modification directly caused or affected the failure. However, some dealerships are more performance-oriented and willing to work with customers on these issues. You should consult with your local dealership regarding their warranty policies.

ClubGP DOES NOT WARRANT THAT THE ClubGP SITES WILL OPERATE ERROR-FREE OR THAT THIS ClubGP SITES AND ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE ClubGP SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ClubGP IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ClubGP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ClubGP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, AND/OR LINKS APPEARING ON THE SITE.

Limitation on Liability.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER ClubGP NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THE ClubGP SITES OR FROM ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THE ClubGP SITES, EVEN IF ClubGP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THE ClubGP SITES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE ClubGP SITES. IF YOU ARE DISSATISFIED WITH A PRODUCT PURCHASED THROUGH A ClubGP SITE, YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN OUR RETURNS POLICY.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Ownership; Copyright.

©ClubGP.com 1998. All rights reserved. Except where otherwise indicated, everything featured or displayed on the ClubGP Sites, including, but not limited to, text, graphics, photographs, images, moving images, sound and illustrations (the "Content"), belongs to ClubGP, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on the ClubGP Sites could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

The Content may not be used except as provided in these Terms of Use or without the written permission of ClubGP. ClubGP authorizes you to copy materials on this site to a hard drive solely for the purpose of viewing and using the ClubGP Sites on your computer. You may also print portions of the ClubGP Sites in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the ClubGP Sites. ClubGP neither warrants nor represents that your use of the Content or the ClubGP Sites will not infringe rights of third parties. You may not sell or modify the Content or reproduce, republish, display, publicly perform, distribute, or otherwise use the Content or the ClubGP Sites in any way for any public or commercial purpose. Unauthorized use of the Content or the ClubGP Sites on any other web site or in a networked computer environment for any purpose is prohibited.

Trademarks.

All of the trademarks, logos, and service marks appearing on the ClubGP Sites (the "Trademarks") are the registered and unregistered trademarks of ClubGP and other third parties, protected under the laws of the United States and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner.

Use on the ClubGP Sites of the trademark(s) of any other party is not intended to imply ClubGP’s affiliation with or endorsement of that party, or that party's sponsorship or endorsement of ClubGP, its products or services.

Links to Other Sites.

The ClubGP Sites may contain links to sites not operated or maintained by ClubGP. These links are provided solely as a convenience to you and not as an endorsement by ClubGP of the content of such third party sites. ClubGP is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against ClubGP regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies of when you access that site. ClubGP reserves the right to terminate any link or linking program at any time.

User Code of Content; Acceptable Use.

The ClubGP Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, photo albums, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

ClubGP has no obligation to monitor the Communication Services. However, ClubGP reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ClubGP reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ClubGP reserves the right at all times to disclose any information as ClubGP deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ClubGP's sole discretion.

ClubGP does not control or endorse the content, messages or information found in any Communication Service and, therefore, ClubGP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

Materials Provided to ClubGP or Posted at Any ClubGP Site.

ClubGP does not claim ownership of the materials you provide to ClubGP (including feedback and suggestions) or post, upload, input or submit to any ClubGP Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ClubGP, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all ClubGP Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a ClubGP Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. ClubGP is under no obligation to post or use any Submission you may provide and ClubGP may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Governing Law and Venue.

This Agreement shall be interpreted, construed and governed by the laws of the State of Texas, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Texas in Collin County (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, ClubGP shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of ClubGP, such action is necessary or desirable.

Enforcement.

Should any clause of these Terms of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. ClubGP’s failure to expressly enforce any provision of these Terms of Use does not waive its rights to enforce that or any other provision.

Modification/Integration.

We reserve the right to change these Terms of Use, and other information available on the ClubGP Sites, without notice. These Terms of Use set out the entire agreement between ClubGP and you relating to your use of this the ClubGP Sites.

Notices and Procedure for Making Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ClubGP’s Designated Agent.

Other Site Policies.

Termination.

ClubGP reserves the right, in its sole discretion, to terminate your access to all or part of the ClubGP Sites, with or without notice.

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