AGREEMENT BETWEEN USER AND DEVIATE MOTORING
The Deviate Motoring Web Site is comprised of various Web pages operated by Deviate Motoring, LLC.
The Deviate Motoring Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Deviate Motoring Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Deviate Motoring reserves the right to change the terms, conditions, and notices under which the Deviate Motoring Web Site is offered, including but not limited to the charges associated with the use
of the Deviate Motoring Web Site.
LINKS TO THIRD PARTY SITES
The Deviate Motoring Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Deviate Motoring and Deviate Motoring 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. Deviate Motoring is not responsible for webcasting or any
other form of transmission received from any Linked Site. Deviate Motoring is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Deviate
Motoring of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Deviate Motoring Web Site, you warrant to Deviate Motoring that you will not use the Deviate Motoring Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Deviate Motoring Web Site in any manner which could damage, disable, overburden, or impair the Deviate Motoring Web Site or interfere with
any other party's use and enjoyment of the Deviate Motoring 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 Deviate Motoring Web Sites.
MATERIALS PROVIDED TO DEVIATE MOTORING OR POSTED AT ANY DEVIATE MOTORING WEB SITE
Deviate Motoring does not claim ownership of the materials you provide to Deviate Motoring (including feedback and suggestions) or post, upload, input or submit to any Deviate Motoring Web Site or
its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Deviate Motoring, its affiliated companies
and necessary sublicensees 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. Deviate Motoring is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Deviate Motoring's sole discretion.
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, pricing, software, products, and services included in or available through the Deviate Motoring web site may include inaccuracies or typographical errors. Changes are periodically
made to the information herein. Deviate Motoring and/or its suppliers may make improvements and/or changes in the Deviate Motoring web site at any time. Advice received via the Deviate Motoring web
site 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.
Deviate Motoring 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 the Deviate Motoring web site 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. Deviate Motoring 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 Deviate Motoring 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 Deviate Motoring web site, with the delay or inability to use the Deviate Motoring web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Deviate Motoring web site, or otherwise arising out of the use of the Deviate Motoring web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Deviate Motoring 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 Deviate Motoring web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Deviate Motoring web site.
PRODUCT WARRANTEES
Deviate Motoring does not directly warrantee any product or service provided on this site. Most of the products sold through this site, however, do carry
manufacturer warrantees. It is the customer's responsibility to verify and accept any warranty terms prior to placing an order. Although rare, if a warranty issue does occur, Deviate
Motoring will gladly assist the customer in determining the appropriate course of action and help with manufacturer warranty claims.
TERMINATION/ACCESS RESTRICTION
Deviate Motoring reserves the right, in its sole discretion, to terminate your access to the Deviate Motoring Web Site 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 Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in
Mongomery County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Deviate Motoring Web Site. Use of the Deviate Motoring 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. You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Deviate Motoring as a result of this agreement or use of the Deviate Motoring Web Site. Deviate Motoring's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Deviate Motoring's right to comply with governmental, court and law enforcement requests or requirements relating to your use of
the Deviate Motoring Web Site or information provided to or gathered by Deviate Motoring 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 Deviate Motoring with respect to the Deviate Motoring Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Deviate Motoring with respect to the Deviate Motoring 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 expressed wish to the parties that this agreement and all related documents be drawn up in English.
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 Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.