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Wheelie Wash Disclaimer
Revised Terms and Conditions
July 2001
Terms and Conditions
Please take a few minutes to read these Terms and Conditions before using any Wheelie Wash Materials. If you are a minor (generally less than 18 years of age), you must ask your parent or guardian to approve your use of Wheelie Wash materials. By continuing to access or use any of these materials, you, as a user, signify that you have read and accepted these Terms and Conditions, and, if you are a minor, that your parent or guardian has approved your use of these materials and has read and accepted these Terms and Conditions.
General Conditions.
I agree (a) to comply with U.K. law, any other applicable law, and these Terms and Conditions ("Terms"), regarding your use of any data or other materials that are part of the Wheelie Wash Materials, (b) not to use any Wheelie Wash Materials for any illegal purpose or in a manner not authorized by these Terms, and (c) not to interfere with or disrupt networks connected to, or hosting, Wheelie Wash Materials.
Intellectual Property.
Wheelie Wash Materials are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.K. and other countries. Wheelie Wash Materials are also protected as a collective work or compilation under U.K. copyright and other laws and treaties. You acquire no rights or licenses in or to any Wheelie Wash Materials other than the limited right to use these materials in accordance with these Terms. You agree to abide by all posted copyright notices or restrictions relating to Wheelie Wash Materials.
Restrictions on Use.
YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE Wheelie Wash MATERIALS, EXCEPT THAT YOU MAY DOWNLOAD Wheelie Wash MATERIALS AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, IF YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
Disclaimers of Warranties.
Wheelie Wash materials are provided "AS IS," and you agree to use Wheelie Wash Materials and the sites hosting those materials at your sole risk. Neither Advanced nor any Wheelie Wash participant or contributor to Wheelie Wash Materials (a) makes any warranty to you of any kind, express or implied, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use, or (b) guarantees the accuracy, completeness, usefulness or adequacy of any Wheelie Wash Materials.
(b) Neither Advanced, nor any Wheelie Wash participant or contributor warrants that Wheelie Wash Materials are compatible with your equipment or are free of errors or viruses, worms or "Trojan Horses," and neither Advanced nor any Wheelie Wash participant or contributor shall be liable for any damage you may suffer as a result of your access to or use of Wheelie Wash Materials.
(c) Advanced does not maintain or control the content of other web sites that may be linked to the Wheelie Wash site. Advanced is not responsible for the availability or content of any other sites, services or goods that may be linked to Wheelie Wash Materials. Advanced does not (1) make any warranty, express or implied, concerning the links available from Wheelie Wash Materials, or (2) endorse any other web site that may be linked to the Wheelie Wash Materials.
Limitation of Liability.
Neither Advanced nor any Wheelie Wash participant or contributor shall be responsible or liable to you or any other person using Wheelie Wash Materials for any injury or damage, whether caused by the negligence of Advanced or any contributor to Wheelie Wash Materials or its or their employees, subcontractors, agents, or otherwise arising in connection with Wheelie Wash Materials, and none of them shall be liable for any lost profits, revenue, or business, or for punitive, direct, indirect, incidental, consequential, special, or exemplary damages or any claim against any party. Additionally, neither Advanced nor any Wheelie Wash participant or contributor shall be liable to you or any person for any fault or other failure of Wheelie Wash Materials that damages any of your property.
Indemnification.
You agree, at your own expense, to indemnify, defend, and hold harmless Advanced and the Wheelie Wash participants against any claim, suit, action, or other proceeding brought against one or more of Advanced and/or said participants and its and/or their employees, representatives, suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding is, in whole or in part, based on or arises in connection with your use of or contributions to Wheelie Wash Materials.
Governing Law & Arbitration.
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without giving effect to conflicts of law principles thereof. Any unresolved dispute, controversy, or claim arising out of or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of either party, be submitted to and settled by arbitration, unless otherwise agreed in writing by the parties. Any award or other determination rendered shall be final and conclusive upon the parties. The expenses of the arbitration shall be borne equally by the parties, but each party shall pay for the costs of its own counsel, witnesses and other personal expenses.
Access Outside the United Kingdom.
If you access the Wheelie Wash Materials from outside the United Kingdom, you are responsible for complying with non-U.K. and local laws and with United Kingdom export laws.
Modification of Terms.
Advanced reserves the right to modify these Terms at any time within its sole discretion. You accept these modifications by continuing to use any Wheelie Wash Materials after these modifications have been posted on the Wheelie Wash Program site. If, at any time, you do not accept these Terms, you may no longer use the Site.
Severability.
If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.
Entire Agreement. These Terms constitute the entire agreement between you and Advanced concerning the subject matter of this agreement.
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