Terms and Conditions
Glen Products Inc. ("Company") www.myeasyparts.com website (the "Site")
is currently provided free–of–charge to users who agree to abide by the terms
and conditions of this Agreement. Company reserves the right to change the
nature of this relationship at any time, and to revise these guidelines and
Terms and Conditions from time to time as Company sees fit. Users who violate
the terms of this Agreement will have their access canceled and they may
permanently be banned from using the Site and any interactive services. Users
should check these terms and conditions periodically. By using the Site after we
post changes to these Terms and Conditions, you agree to accept those changes,
whether or not you actually reviewed them
Cookies
"Cookies" are small encrypted data files
(containing references to user ID information supplied by the user and stored on
our secure server) that may write to your hard drive once you have accessed a
site. Company uses cookies to enhance your shopping experience with us. Cookies
are used to keep track of your shopping cart and to save your password so you do
not have to re–enter it each time you visit the Site. To learn more about how we
protect customer information, please review our Privacy
Statement.
TRADEMARKS, COPYRIGHTS &
RESTRICTIONS
This Site and all materials on the Site,
including, but not limited to, images, illustrations, posts, audio clips, video
clips (the "Materials") is the property of Company and its affiliates and
licensors and are protected from unauthorized copying and dissemination by
copyrights that are owned or licensed by the Company and by copyright law,
trademark law, international conventions and other intellectual property laws.
You may not reproduce, perform, create derivative works from, republish, upload,
post, transmit, or distribute in any way whatsoever any Materials from www.myeasyparts.com, or any other web
site owned or operated by the Company without the prior written permission of
the Company. However, you may download or make one copy of the Materials and
other downloadable items displayed on the Site, provided that the same are not
used for any commercial purpose, distributed to third parties or offered for
sale to third parties, and further provided that all copyright and other notices
contained in the Materials are left intact. Any modification of the Materials,
or any portion thereof, or use of the Materials for any other purpose
constitutes an infringement of the Company's copyrights and other proprietary
rights. Use of these Materials on any other web site or other networked computer
environment is prohibited without prior written permission from the
Company.
Nothing contained on this Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use this Site or
any information displayed on this Site, through the use of framing or otherwise,
except: (a) as expressly permitted by these terms and conditions; or (b) with
the prior written permission of Company or such third party that may own the
trademark or copyright of information displayed on this Site.
Links
The Company is not responsible for the content of
any sites that may be linked to or from www.myeasyparts.com or any bulletin
board associated with the Company. These links are provided for your convenience
only and you access them at your own risk. Any other web site accessed from this
Site is independent from Company, and Company has no control over the content of
that other web site. In addition, a link to any other web site does not imply
that Company endorses or accepts any responsibility for the content or use of
such other web site.
In no event shall any reference to any third party
or third party product or service be construed as an approval or endorsement by
Company of that third party or of any product or service provided by a third
party.
Product and Services
Information
Prices and availability may vary. Prices shown on
the Site apply to the products and services on the Site and may change at any
time without notice.
The freight charges listed on any orders or
quotations are estimates only and may change based on our actual charges for
your order. If any changes are needed, you will be be notified for approval
prior to shipment. We reserve the right to change shipping methods.
We attempt to display all products shown on the
Site in an accurate manner, however, because of the technical differences in the
equipment of our customers, we cannot be responsible for photographic
differences in size, shape and color of the products.
The receipt of an
email order confirmation is simply a recognition that we have received your
requested order, and does not constitute an offer to sell. We reserve the right
to limit the quantity of any item sold, or prohibit a sale altogether, including
but not limited to prohibiting sales to resellers.
Conduct of users
You are entirely responsible and liable for all
activities conducted by you. In addition to the guidelines listed above, below
are some, though not all, violations that may result in the termination of your
access. By using the Site, you are agreeing to the following rules of conduct as
well as the guidelines set forth above. You agree not to do any of the following
actions while using the Site:
(1) harass, stalk, threaten, embarrass or
cause distress or discomfort upon another participant, user, or other individual
or entity;
(2) transmit via or through the Site any information, data,
text, files, links, software, chat, communication or other materials ("Content")
that is or which Glen Products Inc. considers to be unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, racially or
ethnically hateful or otherwise objectionable;
(3) attempt to transmit
any "virus","trojan horse" or other software destruction or disruption
device;
(4) impersonate any other person, including but not limited to, a
Glen Products Inc. official, expert or bulletin board leader, guide or
host;
(5) post or transmit any unsolicited advertising, promotional
materials, or any other forms of solicitation on our bulletin boards. This shall
also prohibit the following: solicitation of credit card numbers, solicitations
for sponsors, or promotion of raffles, contests, or multi–level marketing or
pyramid schemes. Our bulletin board is a forum for information and ideas
exchange only.;
(6) intentionally or unintentionally violate any
applicable local, state, national or international law, including but not
limited to any regulations having the force of law while using or accessing the
Site or in connection with your use of the Site, in any manner;
(7)
invade the privacy or violate any personal or proprietary right (including
intellectual property rights) of any person or entity; and
(8) infringe
the intellectual property rights or similar rights, including but not limited to
copyrights and trademarks, of any person or entity.
Notice and Take Down
Procedures
If you believe any content present on this Site
infringes your copyright, you may request such content to be removed from this
Site by following the notice and take down procedures of the Digital Millennium
Copyright Act. To follow those procedures, contact Company's copyright agent
(identified below) and provide the following information: – A clear
statement identifying the works, or other materials believed to be
infringed. – A statement from the copyright holder or authorized
representative that the materials are believed to be infringing. – Sufficient
information about the location of the allegedly infringing materials so that
Company can find and verify its existence. – Your name, telephone number and
e–mail address. – A statement from you under penalty of perjury that the
information supplied is accurate, and that you are authorized to act on the
copyright owner's behalf. – A signature or the electronic equivalent from the
copyright holder or authorized representative. Company's agent for copyright
issues relating to this Site is David Varela.
Disclaimer and
Indemnity
By using the Site and/or posting Materials, you
agree to indemnify the Company, its officers, directors, employees, successors,
agents, distributors, and affiliates for any and all claims, damages, losses,
and causes of action (including attorneys' fees) arising out of or relating to
your breach or alleged breach of this agreement (including without limitation,
claims made by third parties for infringement of intellectual property rights),
or for any content that is provided by you (or through your user I.D. and/or
password). You agree to cooperate as fully as reasonably required in the defense
of any claim. Company reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
The
information contained in this Site is for general guidance on topics selected by
Company. Such information is provided on a blind–basis, without any knowledge as
to your industry, identity or specific circumstances. The application and impact
of relevant laws will vary from jurisdiction to jurisdiction. There may also be
delays, omissions, or inaccuracies in information contained in this Site. The
information on this Site is provided with the understanding that Company and
various authors and publishers' providing such information are not engaged in,
and that providing such information does not constitute the rendering of legal,
accounting, tax, career or other professional advice or services. As such,
information on this Site should not be relied upon or used as a substitute for
direct consultation with professional advisors.
THIS SITE CONTAINS FACTS,
VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD–PARTY INDIVIDUALS AND
ORGANIZATIONS. NONE OF THEM OR Glen Products Inc. (AND ITS AFFILIATED ENTITIES,
TOGETHER "THE COMPANY") REPRESENTS OR ENDORSES THE ACCURACY, CURRENTNESS, OR
RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED,
UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON
ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.
THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON
THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AS TO THE QUALITY,
ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE, AND NO
WARRANTY THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR
ERROR–FREE, OR THAT DEFECTS WILL BE CORRECTED.
Where applicable law does
not allow the exclusion of implied warranties, the foregoing exclusions may not
apply to you. This Disclaimer applies to all content, merchandise and services
available through this site
Limitation of
Liability
NEITHER THE COMPANY, NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD
PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION
CONTAINED ON THIS SITE, EVEN IF COMPANY (OR ANY THIRD PARTY POSTING INFORMATION
ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL COMPANY'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY
PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR
(US$1.00).
Termination
The Company may, in its sole discretion, terminate
or suspend your access to all or part of the Site, including, but not limited
to, any message boards on the Site, for any reason, including without
limitation, breach of this Agreement. In the event this Agreement is terminated,
the restrictions regarding Materials appearing on the Site, and the
representations and warranties, indemnities, and limitations of liabilities set
forth in this Agreement will survive termination. In the event that you are
unsatisfied with the services provided by Company, your sole remedy is to
terminate this Agreement.
Jurisdiction
The Company operates the Site from its offices
within the United States. Company makes no representations that content and
materials on the Site are legal or appropriate for use from outside the United
States. If you choose to access the Site from other locations, you do so at your
own risk and are responsible for compliance with any and all local laws. You may
not use the Site in violation of U.S. export laws and regulations.
This
Agreement will be governed by and construed in accordance with the laws of the
State of California, as it is applied to agreements entered into and performed
therein, and excluding (i) the United Nations Convention on Contracts for the
International Sale of Goods; (ii) the 1974 Convention on the Limitation Period
in the International Sale of Goods; and (iii) the Protocol amending the 1974
Convention, done at Vienna April 11, 1980. Any action brought to enforce this
Agreement or matters related to the Site will be brought in either the State or
Federal Courts of the State of California; provided, however, that
notwithstanding anything contained in this Agreement to the contrary, Company
shall have the right to institute judicial proceedings against you or anyone
acting by, through or under you, in order to enforce Company's rights hereunder
through reformation of contract, specific performance, injunction or similar
equitable relief. Any claim or cause of action you have with respect to use of
the Site must be commenced within one (1) year after the claim arises. If any
provision of this Agreement is deemed void, unlawful, or otherwise unenforceable
for any reason, that provision will be severed from this Agreement and the
remaining provisions of this Agreement will remain in force. This Agreement
constitutes the entire agreement between you and the Company concerning your use
of the Site, and the Agreement will not be modified, except in writing, signed
by both parties.
Comments, Complaints and
Questions
We welcome your feedback about the Site. However,
any comments, ideas, notes, messages, suggestions or other communications sent
to the Site shall be and remain the exclusive property of Company, and we may
use all such communications in any manner, including reproducing, disclosing and
publishing such communications, all without compensation to you. Should you have
any questions or complaints regarding violations of this Agreement, please
contact us.
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