The Product Registration portions of the Site are provided to register products that You have purchased at an authorized Del-Nat Dealer for warranty and other product related purposes. The Del-Nat Dealer Services portions of the Site are for the exclusive use of current Del-Nat dealers to assist them in their interactions with Del-Nat and their use is prohibited by any other individual, entity or for any purpose not set forth herein. In particular, access to any and all inventory information, information regarding the status of orders, account information, order placement services and product advertising images may be used only by current Del-Nat dealers. This Site is not a manner through which Del-Nat receives and accepts information regarding product and/or service ideas, methods or concepts for new or existing products and/or services. Any such information submitted to Del-Nat through this Site is not confidential or protected in any way and Del-Nat will be entitled to use, exploit, communicate, dispense and dispose of such information in any manner it so chooses. The use of automated dial-in or inquiry devices in an effort to obtain information through the Site is prohibited. This Agreement is void where prohibited by law, and the right to access the Site and information thereon is revoked in such jurisdictions.
TERM AND TERMINATION
This Agreement is effective as of the date You first use the Site and continues in full force and effect until terminated in accordance with this Section. The Site and its contents, i.e., the materials, products, information, graphics, functions, features, services and links (collectively "Content") may be changed, updated, revised or deleted at any time without notice and Del-Nat may discontinue, modify or suspend the Site at any time without notice, and may terminate, modify or suspend Your access to the Site at any time without notice in its sole discretion. You may terminate this Agreement at any time upon written, telephone or email notice to Del-Nat. Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, You shall cease to access or to use any Content obtained through Del-Nat or the Site and immediately return any materials that are the property of Del-Nat. The limitations and disclaimers of warranties, the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive the termination of this Agreement.
LIMITED COPYRIGHT LICENSE
The Site and its Content are protected by United States and international copyright, trademark, and other laws. © 2004 Del-Nat® Tire Corporation. All rights reserved. Any unauthorized use of the Content or other matter on this Site may violate such laws. Except as expressly provided herein, Del-Nat does not grant any express or implied right to You under any patents, copyrights, trademarks, rights in trade secrets or other intellectual property rights with respect to the Content, materials, services and other matter on the Site.
USE OF MATERIALS
Except as otherwise indicated elsewhere on this Site, You may view, download and print the Content available on this Site subject to the following conditions:
The rights specified above to view, download, and print the Content available on this Site are not a right to copy or reproduce the design, layout or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress, copyright and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password and other protections Del-Nat puts in place to restrict access to certain parts of the Site.
- Except as expressly permitted, the documents, data and other information may not be modified or altered in any way.
- You may not remove any copyright, trademark or other proprietary notices contained in the Content.
- Del-Nat reserves the right to revoke the authorization to view, download and print the Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Del-Nat.
- The rights granted to You constitute a limited license and not a transfer of title.
USE BY DEALERS
ALTHOUGH THIS DATA IS BELIEVED TO BE ACCURATE, NEITHER WE NOR THE SOURCE FROM WHICH WE HAVE OBTAINED THIS DATA MAKE ANY WARRANTY OR GUARANTEE REGARDING THE COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS OF ANY OF THIS DATA FOR ANY PARTICULAR PURPOSE. YOUR USE OF THIS DATA IS AT YOUR SOLE RISK.
WARRANTIES AND DISCLAIMERS
At Del-Nat's option and request, You shall, at Your own expense, indemnify, defend and hold Del-Nat and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers or associates harmless from and against any losses, costs, damages, liabilities and expenses (including reasonable attorneys' fees), arising out of Your use of the Site or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between You and any third party, (b) based on or caused by unauthorized access to the Site through Dealer's account, (c) is based on facts or alleged facts that would constitute a breach of any of Your representations, warranties or covenants under this Agreement, or (d) arising out of a request for Del-Nat to remove or disable access to any Content in or on the Site. You shall not enter into a settlement of the foregoing without Del-Nat's prior written consent, and shall not incur expenses and fees in defending the above claims, actions or allegations without prior approval from Del-Nat.
LINKS TO OTHER INTERNET WEB SITES
This Site may contain links to third-party Web sites that are not under the control of Del-Nat. Del-Nat makes no representations or warranties whatsoever about any other Web site You may have access to through this Site. When You access a non-Del-Nat Web site, You do so at Your own risk and Del-Nat is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site or its resource. Del-Nat provides these links merely as a convenience and the inclusion of such links does not imply that Del-Nat endorses or accepts any responsibility for the content or use of such Web sites.
EXPORT, IMPORT AND OTHER REGULATIONS
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access the Site regarding access, use, export, re-export and/or import of any Content appearing on or available through this Site. You acknowledge and agree that You will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Del-Nat's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. Del-Nat will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of Del-Nat including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war or act of God; or any acts of governmental bodies or authorities.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Del-Nat from its offices within the state of California, United States of America. By accessing this Site, You and Del-Nat agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to Your access to, or use of, this Site and any Content. You and Del-Nat also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Southern District of California with respect to such matters. Del-Nat makes no representations or warranties that Content available on this Site is appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
ACCEPTABLE USE POLICY
You agree to not use the Site to:
- harm minors in any way.
- upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- upload, post or otherwise transmit any material 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.
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
- collect or store personal data about other users.
- use Your project hosting site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site.