User agreement & terms of
Welcome to www.my365ast.com(the “Website“). The
Website is owned and operated by “NATIONAL AUTOMOTIVE RESOURCES, LLC“, “us”
THE WEBSITE. By using the Website, you signify your agreement to these Terms of
addition, when you use any of our current or future services, you will also be
subject to our guidelines, terms, conditions and agreements applicable to those
2. PRIVACY AND YOUR ACCOUNT
governs your visit to the Website, to understand our privacy practices.
We may sell products for children, but sell them to
adults who can purchase with a credit card or other permitted payment method.
If you are under 18, you may use the Website only with the involvement of a
parent or guardian. We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
reasonable and valuable consideration, the receipt and adequacy of which you
hereby acknowledge, including, without limitation, your access to and use of
the Website and data, materials and information available at or through the
4. RESTRICTIONS ON USE; LIMITED
All content contained on the Website (collectively, “Content“),
such as text, graphics, logos, icons, images, audio and video clips, digital
downloads, data compilations, and software, is our property or the property of
our licensors or licensees, and the compilation of the Content on the Website
is our exclusive property, protected by United States and international
copyright laws, treaties and conventions. All software used on the Website is
our property or the property of our software suppliers and protected by United
States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page
headers, icons, scripts and trade names (each, a “Mark“) contained on
the Website are proprietary to us or our licensors or licensees. Our Marks may
not be used in connection with any product or service that is not ours in any
manner that is likely to cause confusion among users or that disparages or
discredits us or anyone else. All other Marks not owned by us that appear on
the Website are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make
personal use of the Website. No Content of the Website or any other Internet
site owned, operated, licensed, or controlled by us may be copied, reproduced,
republished, downloaded (other than page caching), uploaded, posted,
transmitted or distributed in any way, or sold, resold, visited, or otherwise
exploited for any commercial purpose, except that you may download one (1) copy
of the Content that we make available to you for such purposes on a single
computer for your personal, noncommercial, business use only, provided that
you: (a) keep intact all copyright, trademark and other proprietary rights
notices; (b) do not modify any of the Content; (c) do not use any Content in a
manner that suggests an association with any of our products, services or
brands; and (d) do not download Content so as to avoid future downloads from
the Website. Your use of Content on any other website or computer environment
is strictly prohibited.
The license granted to you does not include, and
specifically excludes, any rights to: resell or make any commercial use of the
Website or any Content; collect and use any product listings, descriptions, or
prices; make any derivative use of the Website or Content; download or copy
account information for the benefit of anyone else; or use any form of data
mining, robots, or similar data gathering and extraction tools. You may not
frame, or utilize framing techniques to enclose, any Mark, Content or other
proprietary information, or use any meta tags or any other “hidden text”
utilizing any such intellectual property, without our and each applicable
owner’s express written consent. Any unauthorized use automatically terminates
the license granted to you hereunder. You are granted a limited, revocable, and
non-exclusive right to create a hyperlink only to our home page provided that
the link does not portray us or our licensors or licensees, or their respective
products or services, in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any of our or any such party’s intellectual
property as part of the link without our and each such party’s express written
5. USE AND PROTECTION OF
PASSWORD AND ID.
NATIONAL AUTOMOTIVE RESOURCES, LLC will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and NATIONAL AUTOMOTIVE RESOURCES, LLC shall have no obligation to investigate the authorization or source of any such access or use. YOU
ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND NATIONAL AUTOMOTIVE RESOURCES,
LLC, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY
ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO
AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL
COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL
OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS
You are solely responsible for protecting the security
and confidentiality of the password and ID assigned to you. You shall
immediately notify NATIONAL AUTOMOTIVE RESOURCES, LLC of any unauthorized use
of the assigned password or ID, or any other breach or threatened breach of the
Website’s security of which you are aware. You will be responsible for any
activity conducted under your assigned password or ID.
6. SYSTEM REQUIREMENTS.
Use of the certain areas of the Website requires
Internet access, audio manager software or other software allowing the
downloading and storing of audio and audio-visual files in MP3 or other digital
format (the “Software“), and,
for certain downloadable content, a compatible player device (the “Device“). NATIONAL AUTOMOTIVE
RESOURCES, LLC may, at any time and from time to time, in its sole discretion,
modify, revise, or otherwise change the system requirements for the Website and
the format of any downloadable content, in whole or in part, without notice or
liability to you.
Internet access, use of the Software, or use of a
Device may result in fees in addition to any fees incurred on the Website.
Software and Devices may require you to obtain updates or upgrades from time to
time. Your ability to use the Website may be affected by the performance of the
Software, the Device, or your Internet connection. You acknowledge and agree
that it is your sole responsibility to comply with the system requirements of
your Software and Device, as in effect from time to time, and to maintain,
update, and upgrade your Software and Devices, including the payment of all
Internet access, Software, and Device fees without recourse to NATIONAL
AUTOMOTIVE RESOURCES, LLC.
You may post reviews, comments, photographs, and other
content; send communications; and submit suggestions, ideas, comments,
questions, or other information, so long as none of these materials are
illegal, obscene, threatening, defamatory, invasive of privacy, infringing on
intellectual property rights, or otherwise injurious to third parties or
objectionable and do not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of “spam.” You may not use a
false e-mail address, impersonate anyone, or otherwise mislead as to the origin
of any content. We reserve the right (but not the obligation) to remove or edit
any such content, but we do not regularly review posted content.
Please do not send us any material that you do not
intend to be subject to the User-Generated Content License described in this
paragraph. All content described in the immediately preceding paragraph and any
and all other information, content or materials that you post or send to us
hereinafter collectively is referred to as “User-Generated Content.” If you post or send any
User-Generated Content to us, intentionally or unintentionally, we (and such
others as we may designate from time to time) shall have the unrestricted
rights to the use thereof for any and all purposes whatsoever, commercial or
otherwise, without any further permission from, or any payment to, you or
anyone else. We and our designees also shall have the right (but no obligation)
to use the name that you submit, as well as any other name by which you are or
may be known, in connection with User-Generated Content. Without limiting the generality
of the foregoing, you hereby unconditionally grant to us a perpetual,
non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and
transferable universal license to use, re-use, reproduce, transmit, print,
publish, display, exhibit, distribute, re-distribute, copy, host, store, cache,
archive, index, categorize, comment on, broadcast, stream, download, edit,
alter, modify, adapt, translate, create derivative works based upon and
publicly perform User-Generated Content, in whole or in part, by all means and
in all media now known or hereafter devised for any and all purposes without
further notice to you and with or without attribution (the “User-Generated Content License“).
You agree to the User-Generated Content License whether or not your
User-Generated Content is used by us.
have the right (but no obligation) to monitor, edit or remove any activity or
content involving you. We have no responsibility, and assume no liability, for
any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be
subject to any expectation of trust or confidence between us and that no
confidential or fiduciary relationship is intended or created between you and
us. To the extent that any so-called “moral
rights,” “neighboring rights”
or similar or analogous rights apply to any User-Generated Content and which
are not exclusively owned by us, you agree not to enforce or assign, or permit
any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or
submit User-Generated Content, you agree that the User-Generated Content
License is ratified and confirmed with respect to such User-Generated Content
and all User-Generated Content previously posted or submitted by you.
Terms and Conditions for
Submission of Comments
THE FOLLOWING DESCRIBES THE TERMS AND
CONDITIONS APPLICABLE TO YOUR USE OF THE “COMMENTS” SUBMISSION SERVICE AT THE NATIONAL
AUTOMOTIVE RESOURCES, LLC WEB SITE.
BY CLICKING THE “PUBLISH” BOX FOR YOUR COMMENT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR COMMENT TO NATIONAL AUTOMOTIVE RESOURCES, LLC WEB SITE.
1. National Automotive Resources, LLC owns and
operates the MY365AST.COM site (the “Site”). Your use of the features on the
Site allowing for submission of a “Submission” is subject to the following
terms and conditions (the “Terms”). National Automotive Resources, LLC may
modify these Terms at any time without notice to you by posting revised Terms
on the Site. Your submission of a “Submission” to the Site following the
modification of these Terms shall constitute your binding acceptance of an
agreement to be bound by those modified Terms.
2. You must be 18 years of age or older to
submit a “Submission” to the Site. By submitting a “Submission” or “Submitting
Content” and accepting these Terms through your clicking of the “Submit” box,
you represent that you are at least 18 years old.
3. National Automotive Resources, LLC has the
right, but not the obligation, to take any of the following actions, in National
Automotive Resources, LLC’s sole unfettered discretion, at any time, and for
any reason or no reason, without providing any prior notice:
a. Restrict, suspend or terminate your ability to submit “Comments,” or any other content, to the Site;
b. Change, suspend or modify all or any part of the Site or the features thereof;
c. Refuse or remove any material posted on, submitted to or communicated through the Site by you;
d. Deactivate or delete any screen names, profiles or other information associated with you; or
e. Alter, modify, discontinue or remove any content of the Site.
4. You agree that, when using or accessing the
Site or any of the features thereof, you will not:
a. Violate any applicable law or regulation;
b. Interfere with or damage the Site;
c. Transmit or introduce to the Site or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
d. Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
e. Transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
f. Transmit or submit any unsolicited advertising, promotional materials, or spam;
g. Stalk or harass any user or visitor to the Site; or
h. Use the content or information available on the Site for any improper purpose.
5. You retain the Copyright in any “Submission”
you submit to National Automotive Resources, LLC. By submitting a “Submission”
to National Automotive Resources, LLC, you agree to grant National Automotive
Resources, LLC a irrevocable, non-exclusive, royalty-free, perpetual license to
use the material or commentary that you have submitted, in any medium and in
any manner that National Automotive Resources, LLC may, in its sole unfettered
6. By submitting a “Submission” to National
Automotive Resources, LLC, you agree to comply with the following rules
concerning such submissions:
a. You agree not to include in your “Submission”:
i) Any false, defamatory, libelous, abusive,
threatening, racially offensive, sexually explicit, obscene, harmful, vulgar,
hateful, illegal, or otherwise objectionable content;
ii) Any content that may be harassing of any
other Site contributors or other third parties;
iii) Any content that personally attacks an
individual whose identity can be easily learned from what you post (An example
of a personal attack is posting negative comments about an individual in a way
meant to demean that person. Note that posting your opinion about someone’s
ideas or actions is not a personal attack);
iv) Any content that discloses private or
personal matters concerning any person;
v) Any content that you know to be false,
misleading, or fraudulent;
vi) Any content that violates the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
vii) Any use of profanity;
viii) Any content including advertisements or otherwise focused on the promotion of commercial events or businesses, or any request for or solicitation of money, goods, or services for private gain;
ix) Any content that you do not have a right
to make available under any law or under contractual or fiduciary relationships
(such as inside information or proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
x) Any content that 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; or
xi) Any content directly or indirectly
soliciting responses from minors (defined as anyone under 18 years of age).
b. You assert that the information, pictures,
music and other files you contribute are your own, are licensed to be uploaded
and downloaded by other participants, are in the public domain, or are
otherwise free of copyright or other restrictions. If any part of the “Submission”
is not your original work, it is your responsibility to obtain permission from
the copyright owner before making that “Submission” available on the Web Site.
c. You are solely responsible for “Submission” you upload, post, transmit or otherwise make available to others using this Web Site. Under no circumstances will National Automotive Resources, LLC be liable in any way for any “Submission” posted on or made available through this Site by you or any third party.
d. You understand that National Automotive Resources, LLC does not generally pre-screen “Comments” posted on or available through the Web Site by individual authors, and that it has no obligation to do so. National Automotive Resources, LLC and its designees have the right (but not the obligation) in their sole unfettered discretion to remove any “Submission” that is posted on or available through the Site. Without limiting the foregoing, National Automotive Resources, LLC and its designees will have the right to remove any “Submission” that violates these Terms or is otherwise deemed objectionable by National Automotive Resources, LLC in its sole discretion.
7. When submitting a “Comment,” you will be
asked to provide your name and your email address. While National Automotive
Resources, LLC does not object to your use of a pseudonym instead of your
actual name, National Automotive Resources, LLC reserves the right, but not the
obligation, to reject, change, disallow, or discontinue at any time any
submission name that, in National Automotive Resources, LLC’s sole unfettered
discretion, is objectionable or inappropriate for any reason. National
Automotive Resources, LLC requires the submission of your email address, but National
Automotive Resources, LLC warrants that it will not intentionally publish your
email address to an outside third party, apart from National Automotive
Resources, LLC’s own affiliates or subcontractors, without your consent.
8. National Automotive Resources, LLC does not
sell or rent your personal information to third parties for their marketing
purposes without your consent. Periodically, National Automotive Resources, LLC
or its affiliates may contact you via email concerning the promotion of their
products or services on the Site. Notwithstanding the foregoing, you
acknowledge and understand that the “Comments” feature of the Site is designed
to permit users to post information and commentary for public review and
comment and thus you hereby waive any expectation of privacy you may have
concerning any likeness or information provided to the Site by you.
9. You are solely responsible for your
interactions with other users of or visitors to the Site.
a. National Automotive Resources, LLC shall have the right, but not the obligation, to monitor interactions utilizing the facilities of the Site, including any email functionality thereof, between you and other users of or visitors to the Site or any third parties. You acknowledge and agree that National Automotive Resources, LLC, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.
b. National Automotive Resources, LLC does not verify any information posted to or communicated via the “Comments” sections of the Site by users and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that National Automotive Resources, LLC does not assume, and shall not have, any responsibility for the content of messages or other communications sent or received by users of the Site.
10. The Site contains content created by or on
behalf of National Automotive Resources, LLC as well as content provided by
a. National Automotive Resources, LLC does not control, and makes no representations or warranties about, any third party content, including such content that may be accessible directly on the Site or through links from the Site to third party sites.
b. You acknowledge that, by viewing the Site or communications transmitted through the Site, you may be exposed to third party content that is false, offensive or otherwise objectionable to you or others, and you agree that under no circumstances shall National Automotive Resources, LLC be liable in any way, under any theory, for any third party content.
c. You acknowledge and agree that the Site, and the contents thereof, is proprietary to National Automotive Resources, LLC and is or may be protected by copyright, trademark, patent and other intellectual property rights and laws. You agree that you will not access or use the Site or any of the content thereof for any reason or purpose other than your personal, non-commercial use. You agree that you will not systematically retrieve data or other content from the Site by any means, and you will not compile a database or directory of information extracted from the Site.
d. You agree that you will not reproduce, distribute or make derivative works of the Site or any of the contents thereof without the express consent of National Automotive Resources, LLC.
11. You hereby agree to indemnify, defend and
hold harmless National Automotive Resources, LLC, its affiliates and licensees,
and all of their officers, directors, employees, agents and representatives from
and against any and all liabilities, losses, claims, damages, and expenses
(including reasonable attorneys’ fees) in connection with any claim arising out
of your use of the Site or violation of any of these Terms.
Millennium Copyright Act, 17 U.S.C. § 512:
13. DISCLAIMER OF WARRANTY/LIMITATION OF
a. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER NATIONAL AUTOMOTIVE RESOURCES, LLC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
b. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMLPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NATIONAL AUTOMOTIVE RESOURCES, LLC SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
d. IN NO EVENT WILL NATIONAL AUTOMOTIVE RESOURCES, LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATING TO OR CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS.
14. These Terms constitute the entire
agreement between National Automotive Resources, LLC and you with respect to
the subject matter hereof, and supersede any previous oral or written agreement
between us with respect to such subject matter. These Terms shall be construed
in accordance with the laws of the State of Texas, without regard to the
conflicts of law provisions thereof.
8. CONTENT LINKED TO THE
You should be aware that when you visit the Website,
you could be directed to other sites beyond our control including links to or
from affiliates and content partners that may use our Marks as part of an
affiliate relationship. When you click on a link that directs you away from the
Website, the site to which you are directed may not be controlled by us and
carefully read and evaluate. You acknowledge that we are not responsible for
examining or evaluating, and that we do not warrant the offerings of, any such
third party or the content of their sites. We do not assume any responsibility
or liability for the actions, products, or content of any third party or any
third party site. We reserve the right to disable links from or to third-party
sites, although we are under no obligation to do so.
9. DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF
ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE
NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY
CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR
OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY
THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO
REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE
ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS
FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL
BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY
WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT
OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE
MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS
OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON
ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO
THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT
LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED
TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE
ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND
MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION,
USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND
MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING,
WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY
ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE
BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON
ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE
PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE
CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY
LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO
REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY
CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR
PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A
SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD
CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A
LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD
THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL,
OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED
WITHIN OR THROUGH THE WEBSITE.
BECAUSE ANY WEIGHT LOSS OR HEALTH MODIFICATION PLAN
CAN RESULT IN SERIOUS INJURY, NATIONAL AUTOMOTIVE RESOURCES, LLC URGES YOU TO
OBTAIN A PHYSICAL EXAMINATION FROM A DOCTOR BEFORE USING ANY WEIGHT LOSS
PRODUCTS OR SERVICES. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO
SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION FOR CHANGES IN DIET INCLUDING
THE USE OF FOOD SUPPLEMENTS, WEIGHT REDUCTION AND/OR BODY BUILDING ENHANCEMENT
PRODUCTS ARE ENTIRELY YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN
PRIOR TO UNDERGOING ANY DIETARY OR FOOD SUPPLEMENT CHANGES. YOU AGREE THAT YOU
ARE VOLUNTARILY PURCHASING PRODUCTS OR SERVICES, PARTICIPATING IN RECOMMENDED
ACTIVITIES, AND USING THIS WEBSITE AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE
AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL
CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY
WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION
AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You hereby agree to indemnify, defend, and hold us,
and our licensors, licensees, successors, distributors, agents, representatives
and other authorized users, and each of their respective officers, directors,
owners, managers, members, employees, agents, representatives and assigns
(collectively, the “Indemnified
Parties“), harmless from and against any and all loss, cost, damage,
liability and expense (including, without limitation, settlement costs and
legal or other fees and expenses) suffered or incurred by any of the
Indemnified Parties arising out of, in connection with or related to any breach
to cooperate with us in the defense of any claim. We reserve the right, at our
own expense, to employ separate counsel and assume the exclusive defense and
control of the settlement and disposition of any claim that is subject to
indemnification by you.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING
DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR
RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY
CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF
ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR
ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND
COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED
THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR
PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE
INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER
CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD,
WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR
FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF
LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC
OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE
NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY
INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR
HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION
OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND
APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE
EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS
OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
12. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure
for Making Claims of Copyright Infringement.
We reserve the right, in our sole discretion, to
time by discontinuing your access to and use of the Website and destroying all
materials obtained from the Website and all related documentation and all
notice of such termination by certified United States mail, postage pre-paid
National Automotive Resources, LLC.
1605 Highland Oaks
Keller, Texas 76248
access to and use of the Website) without cause and without notice to you, in
our sole discretion. Upon termination, you must cease any access to or use of
the Website and destroy all materials obtained from the Website and all related
documentation and all copies and installations thereof, whether made under
provides for the termination, in appropriate circumstances, of users who are
repeat infringers of copyright.
15. APPLICABLE LAW AND
will be governed by the laws of the United States of America and the State of
Texas, without regard to principles of conflicts of law and as if these Terms
of Use were a contract wholly entered into and wholly performed within the
Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to the
Website or to products you purchase through the Website shall be submitted to
confidential binding arbitration in Tarrant County, Texas, United States of
America, except that, to the extent you have in any manner violated or
threatened to violate our intellectual property rights, we may seek injunctive
or other appropriate relief in any state or federal court in Tarrant County, Texas,
United States of America, and you consent to exclusive jurisdiction and venue
in such courts.
conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined
Arbitration Rules and Procedures in effect at the time of filing of the demand
The arbitrator’s award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
shall be joined to an arbitration involving any other party subject to these
16. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you
are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on the Website. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
17. MISCELLANEOUS LEGAL
We may discontinue the Website at any time and for any
reason, without notice. We may change the contents, operation, or features of
the Website at any time for any reason, without notice.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and us as a result of
of Use is in derogation of our right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the Website or
information provided to or gathered by us with respect to such use. A printed
be admissible in judicial or administrative proceedings based upon or relating
other business documents and records originally generated and maintained in
Our failure to enforce any provision of these Terms of
Use or respond to a breach by you or others shall not constitute a waiver of
breach or any other.
unenforceable under applicable law, the remaining provisions will continue in
full force and effect, and the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision.
between you and us regarding the Website and supersedes any prior or
contemporaneous agreement regarding that subject matter.
Updated July 2016
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide our copyright agent the
written information specified below. Please note that this procedure is
exclusively for notifying us that your copyrighted material has been infringed.
· 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
· A description
of where the material that you claim is infringing is located on the Website
· Your address,
telephone number, and e-mail 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, under penalty of perjury, that the foregoing information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.