Terms and Conditions of Use
BY ACCESSING AND USING THE DRIVEWIRE.COM WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE SET FORTH HEREIN, DO NOT USE THE DRIVEWIRE.COM WEB SITE AND DO NOT PLACE ORDERS THROUGH DRIVEWIRE.COM WEB SITE.
Legal and Enforceable Online Contract
By your use of this website, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH Drivewire.COM, AND ACCEPT THE TERMS AND CONDITIONS AS STATED IN THIS “CONDITIONS OF USE” TO GOVERN YOUR USE OF Drivewire.COM.
18Years of Age to Purchase
To purchase items at Drivewire.com’s Website, you must be 18 years of age or older. Any offers of sale presented on this Website or our Associates’ Website are only intended for individuals who are 18 years of age or older. By purchasing items from this Website, you affirm that you are 18 years of age or older.
Intended for Users Over 13
Drivewire.com’s Website is intended for use by individuals of at least 13 years of age or older. Drivewire.com’s Website is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this Website.
Venue and ApplicableLaw
The Drivewire.com’s Website is created, operated and controlled by Drivewire.com in the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of Riverside County, California including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State
of California will also govern the Legal Notices and Disclaimers and Privacy Policy without giving effect to any principles or conflicts of laws.
Privacy
Please review the Drivewire.com’s Privacy Policy at: http://www.drivewire.com/t-privacy.aspx for information on the privacy practices of the Drivewire.com’s Website.
Termination of Use
Drivewire.com may in its sole discretion terminate your use of the Drivewire.com’s Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Drivewire.com reserves the right to change, suspend, or discontinue all or any aspects of the Drivewire.com’s Website at any time without prior notice. Tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website
are prohibited.
Damages
In no event shall Drivewire.com, its affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DRIVEWIRE INC. OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DRIVEWIRE.COM WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR
PROFITS), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY, HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE DRIVEWIRE.COM WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE DRIVEWIRE.COM TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DRIVEWIRE.COM WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE LIABILITY OF DRIVEWIRE.COM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Copyright Notice
Copyright © 2003 DriveWire, Inc. All rights reserved.
You should assume that all of the content ("Content") you see and hear on the DriveWire.com Web site, including, without limitation, all of the images, illustrations, photographs, graphics, audio clips, video clips and text, is copyrighted under United States law and protected by worldwide copyright laws and treaty provisions, unless otherwise noted. The copyrights in the Content are owned by DRIVEWIRE Inc. or by third parties who have licensed their materials to us. The entire Content of the site is copyrighted
as a collective work under U.S. copyright laws, and DriveWire, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content, nor any portion thereof, without first obtaining written permission from DriveWire, Inc. We neither warrant nor represent that your use of the materials displayed on the DriveWire.com Web site will not infringe rights of
third parties not owned by nor affiliated with DriveWire, Inc. We hereby grants you permission to download, print and store selected portions of the Content, provided you (1) use these copies of the Content only for your own personal, noncommercial use, (2) do not copy or post the Content or any part thereof on any network computer or broadcast the Content in any media and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. We reserve complete title and full
intellectual property rights in any Content you download from the DriveWire.com Web site.
Trade Dress
The distinctive and original layout and presentation of this Web site also constitute protectable trade dress under applicable federal and state law. Unauthorized copying of the trade dress of the DriveWire.com Web site is strictly prohibited.
Trademark Notice
DriveWire, Inc. has exclusive rights to the DriveWire.com logo and any accompanying service marks and trademarks. Any additional names, service marks, logos or trademarks of third party vendors of DriveWire.com are used with permission from such vendors. The use or misuse of any of the names, service marks, logos or trademarks used on this Web site is strictly prohibited.
Framing
Any framing of the contents of this Web site without the prior written permission of DriveWire, Inc., is strictly prohibited.
Linking
Other sites may link to the DriveWire.com Web site only with the express prior written permission of DriveWire, Inc. Ordinary and automatic terms and conditions for consensual linking shall include, without limitation: (1) our right to demand that the link be removed if we believe, in our sole discretion, that the context of the link is inappropriate, inaccurate or otherwise objectionable, and (2) we determine, in our sole discretion, whether or not we want to be associated, affiliated or connected with another
Web site in any manner. Merely because a link may exist on another third-party site to this Web site, whether with or without our knowledge and/or permission, does not mean that DriveWire, Inc. or approves of, sponsors or is associated with the third-party Web site or its goods or services. Before linking, please submit requests for a link to DriveWire.com.
Submissions
We welcome your comments regarding DriveWire.com merchandise and services, including your comments regarding the DriveWire.com Web site. However, any notes, messages, ideas, suggestions or other communications sent to DriveWire.com through the DriveWire.com Web site (other than the personal information you send us when you place an order) will become the exclusive property of DriveWire, Inc. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit to us for any purpose whatsoever,
without restriction and without compensating you in any way. For this reason, we ask that you not send us any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Disclaimers
YOUR USE AND BROWSING OF THE DRIVEWIRE.COM WEB SITE IS AT YOUR OWN RISK. THE DRIVEWIRE.COM WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DRIVEWIRE Inc. DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT
THAT THE INFORMATION ON THE DRIVEWIRE.COM WEB SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE DRIVEWIRE.COM WEB SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT ENDORSE, NOR TAKE RESPONSIBILITY FOR, THE CONTENT OF THE SITES TO WHICH THE DRIVEWIRE.COM WEB SITE IS LINKED - SUCH LINKS ARE PROVIDED FOR CONVENIENCE ONLY. WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE DRIVEWIRE.COM WEB SITE IS APPLICABLE OR APPROPRIATE FOR USE
IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE ALSO ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE DRIVEWIRE.COM WEB SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE DRIVEWIRE.COM WEB SITE.
Enforcement of Terms and Conditions of Use
BY ACCESSING AND USING THE DRIVEWIRE.COM WEB SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE DRIVEWIRE.COM WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.
Modification of Terms and Conditions of Use
DRIVEWIRE.COM RESERVES THE RIGHT, AT ANY TIME, TO MODIFY OR UPDATE THESE TERMS AND CONDITIONS OF USE AND, BY ACCESSING AND USING THE DRIVEWIRE.COM WEB SITE, YOU AGREE TO BE BOUND BY ANY SUCH MODIFICATIONS OR UPDATES. THEREFORE, YOU SHOULD PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS AND CONDITIONS OF USE TO WHICH YOU ARE BOUND.
Contact Information of Drivewire.com’s Website
The mailing address for Drivewire.com is:
Drivewire.com,
18021 Sky Park Circle,
Suite K1,
Irvine CA 92614.
The telephone number for Drivewire.com is (800) 895-8910.
The fax number for Drivewire.com is: (949) 387-2020
Last revision date: March 1, 2008