AGREEMENT BETWEEN USER AND Power Commerce & Communications Inc. ("PowComm")
This web site is offered to you, the user, conditioned on your acceptance, without modification, of the terms, conditions, disclaimers, and notices contained herein. Your use of this web site constitutes your agreement to all such terms, conditions, disclaimers, and notices.
NON-EXCLUSIVE, PERSONAL, AND NON-COMMERCIAL USE LIMITATION
This web site is for your non-exclusive, personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works herefrom, transfer, or sell any information, software, products or services obtained from use of this web site.
COPYRIGHT AND TRADEMARK NOTICES:
The copyrights to all contents of this web site are proprietary to PowComm, and all such rights thereto are reserved. No use of any contents of this web site may be had without the prior written consent of PowComm, and requests for such use may be directed to: P.O. Box 780161, Dallas, TX 75378 to the attention of Intellectual Property Department.
© 1999 Power Commerce & Communications Inc. All rights reserved.
Car Care City(SM), carcarecity.com(SM), Mayor Mechanic(SM) and other names of PowComm products and/or services referenced herein are trademarks of Power Commerce & Communications Inc. Other products and company names mentioned herein may be the trademarks of their respective owners.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POWCOMM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
POWCOMM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. POWCOMM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL POWCOMM AND/OR ITS SUPPLIERS BE LIABLE TO ANY USER OR THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR FOR INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, RELATING TO INFORMATION PROVIDED OR PUBLISHED BY POWCOMM OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE OR THE CONTENTS HEREOF, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF POWCOMM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant to PowComm that you will not use this web site for any unlawful or prohibited purpose, and that you will comply with all terms, conditions, and notices contained herein.
LINKS TO THIRD-PARTY SITES
This web site may contain hyperlinks to web sites operated by parties other than PowComm. Such hyperlinks are provided for your reference only. PowComm does not control such web sites, and is not responsible for their contents. PowComm's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEB SITE
If you do not wish to receive occasional offers for related products and services, send mail to : email@example.com
MODIFICATION OF THESE TERMS AND CONDITIONS
PowComm reserves the right, without prior notice to users, to change the terms, conditions, disclaimers, and notices under which this web site is offered.
This Agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, USA, in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
PowComm's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of PowComm's right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by PowComm 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 herein, 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.
This Agreement constitutes the entire agreement between the user and PowComm with respect to this web site, and this Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PowComm with respect to this 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved by PowComm.
The Information contained and published in the web site has been obtained by PowComm from sources believed to be reliable. The accuracy, completeness, timeliness or correct sequencing of the Information, however, is not guaranteed by PowComm.
PowComm will exercise all reasonable care and make every reasonable effort to accurately deliver email updates and reminders to user. User understands that email has inherent communication risks and further, if PowComm fails to deliver email reminders in a timely manner, due to circumstances under or beyond PowComm's control, PowComm will not be liable for any damages.
PowComm will exercise all reasonable care to maintain an accurate database of information, and to keep the database and web site available for users to access. User understands that computer equipment, web sites, and the Internet all have inherent risks that may prevent access to the site from time to time. In the event that the web site is not accessible by user, or the software running on the web site makes an error, PowComm shall not be liable for any damages.
While PowComm uses commercially reasonable efforts to guarantee the security of the information you may access from the Internet regarding your account, there is no guarantee that such information may not be intercepted by an unauthorized third-party while in transit. You agree to hold the PowComm harmless from and against any losses or damages that may be incurred by you or any third-party as a result of your accessing your account via the Internet.
While PowComm believes the information contained herein to be reliable, it does not guarantee the accuracy or completeness of any information and it makes no representation or warranty with respect thereto. The information contained herein is subject to change which may not be reflected herein and there shall be no implication that there has not been a change in the business of PowComm and its subsidiaries and affiliates since providing the information.
The information and its presentation herein shall not create any rights in favor of any user or third-party. PowComm specifically disclaims all warranties, express or implied, with respect to the use of this information or any results with respect thereto. In addition, the information contained herein shall in no way be construed to constitute a recommendation by PowComm with respect to the purchase or sale of any product or service for your automobile.
This database should not be used as a substitute for your own record keeping system.
Email Updates and Notices
User Agrees that PowComm will send no more than weekly updates to email address provided by user. Additionally, at users request, PowComm will send notices to user about scheduled maintenance due. User understands that PowComm will include reasonable amounts of advertisements and promotional messages in mailings.
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Copyright © 1999 Power Commerce &
All rights reserved.