TERMS OF SERVICE
These Terms of Service may be amended from time to time. You agree to check back periodically for new information and terms that govern your use of the Services. We reserve the right to modify the Terms of Service at any time. Revisions to terms affecting existing Services shall be effective five (5) days after they have been posted at our Website. Terms for new Services are effective immediately upon posting. Your continued use of the Website following such changes signifies your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the Website. If you breach any of the Terms of Service or Official Rules of any game offered on the Website, your authorization to use this Website automatically terminates.
1. Privacy and Data Collection
“Content” within our Services may include software, technology, text and other audio visual material, and the design and appearance of our Website. We do not endorse, approve, or prescreen any Content others may contribute, and are not responsible for the accuracy or inaccuracy of the Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
We reserve the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.
3. Intellectual Property Rights
A. Copyright Information
Content within the Services is owned and/or licensed by us and is protected by copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Service unless you are authorized to do so in writing by us.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. We reserve all rights in the Content that are not expressly granted to you in this Terms of Service.
Making unauthorized copies of Content found in Services may result in the termination of your Account(s), prohibition on use of Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless us from any unauthorized or illegal conduct by you, or through the use of your Account, on Services.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe your copyrighted work has been copied without your authorization and is available on this Web sites in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent listed below. For your notice to be effective, it must include the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Designated Agent is:
Peterbilt Truck Parts & Equipment, LLC
Attn: __IT DEPARTMENT
2272 Larkin Circle
Sparks, NV 89431
The Designated Agent should be contacted only if you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
The PETERBILT trademarks are owned by PACCAR Inc. and used under license. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
4. Termination of Service
We may terminate any Service at any time. You acknowledge that we are not required to provide you notice before terminating Service. If we terminate Service, you may not participate in a Service again without our express permission.
5. Rules of Conduct
You may violate the Terms of Service if you:
• Post, transmit, promote, or distribute Content that is illegal.
• Harass, threaten, embarrass, or do anything else to another member that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
• Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech will not be tolerated.
• Impersonate another person (including celebrities), indicate falsely that you are an employee or a representative of the company, or attempt to mislead users by indicating that you represent the company or any of its partners or affiliates.
• Attempt to get account information or other private information from anyone else using the Services.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
• Upload files that contain a virus or corrupted data.
• Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. Improperly use support or complaint buttons or make false reports to our staff.
• Modify any part of the Service that we do not specifically authorize you to modify.
• Post or communicate any person and/or member’s real-world personal information using our Service.
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for our Service.
• Interfere with the ability of others to enjoy the Service or take actions that interfere with or materially increase the cost to provide a Service for the enjoyment of all our users and/or members.
We reserve the right to your use of any and all Services if you engage in illegal activity in connection with this Website or to violate these Terms of Service.
6. Software, Utilities and Tools
Services may require or allow you to download software, software updates or patches, or other utilities and tools from us or our licensors onto your computer (“Software”). We grant to you a non-exclusive, limited license to use the Software solely for the purpose stated at the time the Software is made available to you. You may not sublicense, or charge others to use or access the Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Software. You may not modify the Software or use it in any way not expressly authorized in writing by us. You understand that the introduction of various technologies may not be consistent across all platforms and that the performance of the Software and related Services may vary depending on your computer and other equipment.
From time to time, we may provide you with updates or modifications to the Software. You understand that certain updates and modifications may be required in order to continue use the Software and Services.
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Service, the Service offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant authorities.
7. Limitations on Warranty and Liability
You expressly agree that use of the Website and Service is at your sole risk. Neither we nor any of our officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by us (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. We make no warranty as to the results that may be obtained from the use of the Website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, we shall not be responsible for any opinions, views, advice or statements by any person or entity other than from our authorized spokesperson. Advertisers, content providers, other users, guests, independent writers and experts are not our authorized spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, other users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND THE SOFTWARE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOTH WE AND OUR AFFILIATES (DEFINED BELOW) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS.
BOTH WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT AND/OR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
B. Limitation of Liability
WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, OR DIRECTORS (COLLECTIVELY, “PETERBILT AFFILIATES”) WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR SERVICES, FROM INABILITY TO USE OUR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of the Services and/or Website, your sole and exclusive remedy is to discontinue your use of the Services and this Website.
You agree to defend, indemnify and hold us and our affiliates, employees, contractors, officers, directors, vendors, and content providers harmless from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Services. You agree that you will be personally responsible for your use of Services and for all of your communication and activity in connection with our Services, including any Content you provide us, and that you will indemnify and hold us and our affiliates, employees, officers, and directors harmless from any liability or damages arising from your conduct in connection with our Services, including any Content you provide to us.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to us in that matter. This Section shall survive termination of this Terms of Service.
9. Links to Third-Party Sites
10. General Terms
B. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect.
C. Waiver. Any failure on our part to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by us.
D. Governing Law. This Agreement is governed by and is to be construed in accordance with the laws of the State of Nevada and each party submits to the exclusive jurisdiction of the courts of the County of Washoe, State of Nevada and any court which may hear appeals from those courts in relation to any disputes arising out of or in connection with this Agreement.
11. Entire Agreement
Visit this site regularly for updates to our Terms of Service.
You are reminded to print a copy of these Terms of Service in order to avoid misunderstandings at a later time.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Date Last Modified: January 13, 2016.
These Terms of Service may be changed at any time, without prior notice.