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AGREEMENT BETWEEN USER AND MyBushings.com
MyBushings.com is an online site comprised of various
Web pages, operated by MyBushings.com.
MyBushings.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of MyBushings.com constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
MyBushings.com reserves the right to change the
terms, conditions, and notices under which MyBushings.com is offered,
including but not limited to the charges associated with the use of the
MyBushings.com Web Site.
LINKS TO THIRD PARTY SITES
MyBushings.com may contain links to other
Web Sites not under the control of MyBushings.com and MyBushings.com is
not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. MyBushings.com is not responsible for webcasting or
any other form of transmission received from any Linked Site. MyBushings.com
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by MyBushings.com of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MyBushings.com
Web Site, you warrant to MyBushings.com that you will not use MyBushings.com
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use MyBushings.com in any manner which could
damage, disable, overburden, or impair MyBushings.com or interfere with
use by any other party and enjoyment of the MyBushings.com Web Site. You
may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the
MyBushings.com Web Sites.
USE OF COMMUNICATION SERVICES
MyBushings.com may contain bulletin board
services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are
proper and 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:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
• Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another computer.
• Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
• Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication
Services.
• Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
• Violate any applicable laws or regulations.
MyBushings.com has no obligation to monitor the Communication Services.
However, MyBushings.com reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion.
MyBushings.com reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason
whatsoever.
MyBushings.com reserves the right at all
times to disclose any information as 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 the sole discretion of MyBushing.com.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. MyBushings.com does not control or endorse the content, messages
or information found in any Communication Service and, therefore, MyBushings.com
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized MyBushings.com spokespersons,
and their views do not necessarily reflect those of MyBushings.com.
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 MyBushings.com OR
POSTED AT ANY MyBushings.com WEB SITE
MyBushings.com does not claim ownership
of the materials you provide to MyBushings.com (including feedback and
suggestions) or post, upload, input or submit to any MyBushings.com Web
Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting MyBushings.com, its affiliated companies and
necessary sub licensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect
to the use of your Submission, as provided herein. MyBushings.com is under
no obligation to post or use any Submission you may provide and may remove
any Submission at any time in the sole discretion of MyBushing.com.
By posting, uploading, inputting, providing
or submitting your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH MyBushings.com MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. MyBushings.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN MyBushings.com AT ANY TIME. ADVICE RECEIVED VIA MyBushings.com
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Other than the very limited parts replacement warranty
specifically defined in our Guarantee
page MyBushings.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON MyBushings.com FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND, other than the very specific limited parts replacement warranty
recorded in our Guarantee
page. MyBushings.com does not manufacture the products sold on the
MyBushings.com website, and is purely a third party distributor for the
products sold on the Mybushings.com website. As such, MyBushings.com cannot,
does not and never will, guarantee the suitability of any products sold
or supplied on the MyBushings.com website, for the use to which they will
be put by any purchaser or user of any such products, and will not be
responsible for any claims whatsoever, arising out of their use, however
occasioned. By purchasing or using any products from the MyBushings.com
website, the purchaser unequivocally agrees to this, and MyBushings.com
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MyBushings.com AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE MyBushings.com WEB SITE, WITH THE DELAY OR INABILITY
TO USE MyBushings.com OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE MyBushings.com WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE MyBushings.com WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF MyBushings.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE MyBushings.com WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MyBushings.com
WEB SITE.
SERVICE CONTACT: provided at this
link
TERMINATION/ACCESS RESTRICTION
MyBushings.com reserves the right, in its
sole discretion, to terminate your access to MyBushings.com and the related
services or any portion thereof at any time, without notice. GENERAL To
the maximum extent permitted by law, this agreement is governed by the
laws of the State of Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the MyBushings.com
Web Site. Use of MyBushings.com is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
MyBushings.com as a result of this agreement or use of the MyBushings.com
Web Site. The performance of this agreement by MyBushings.com is subject to
existing laws and legal process, and nothing contained in this agreement
is in derogation of the right of MyBushings.com to comply with governmental,
court and law enforcement requests or requirements relating to your use
of MyBushings.com or information provided to or gathered by MyBushings.com
with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and MyBushings.com with
respect to MyBushings.com and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and MyBushings.com with respect to the MyBushings.com Web Site.
A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent an d subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of MyBushings.com are: Copyright
2009 by MyBushings.com, and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products,
people and events depicted herein are fictitious. No association with
any real company, organization, product, person, or event is intended
or should be inferred.
Any rights not expressly granted herein
are reserved.
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
under United States copyright law should be sent to a Service Provider
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringements.
Last Updated May 31, 2009
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