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WholesaleWheelOutlet.com Terms of Use Agreement
Welcome to WholesaleWheelOutlet.com, the service for
adults to search for center caps, operated by
WholesaleWheelOutlet.com.
("WholesaleWheelOutlet.com"). By using the
WholesaleWheelOutlet.com Website, (the "Website") you
agree to be bound by these Terms of Use (this
"Agreement"), whether or not you register as a member of
WholesaleWheelOutlet.com ("Member"). If you wish to
become a Member and make use of the
WholesaleWheelOutlet.com service (the "Service"), please
read these Terms of Use. If you object to anything in
this Agreement or the WholesaleWheelOutlet.com
Privacy Policy, do not use the Website or the Service.
The Terms of Use are subject to change by
WholesaleWheelOutlet.com at any time, effective upon
posting on the WholesaleWheelOutlet.com website, and
your use of the Service after such posting will
constitute acceptance by you of such changes.
1. Acceptance of Terms of Use Agreement. a.
Electronic Agreement. This Agreement is an electronic
contract that sets out the legally binding terms of your
use of the Website and your membership in the
Service. This Agreement may be modified by
WholesaleWheelOutlet.com from time to time, such
modifications to be effective upon posting by
WholesaleWheelOutlet.com on the Website. This Agreement
includes WholesaleWheelOutlet.com's Acceptable Use
Policy for Content Posted on the Website,
WholesaleWheelOutlet.com's Privacy Policy,
WholesaleWheelOutlet.com's subscription policies and any
notices regarding the Website. By accessing the
Website or becoming a Member, you accept this Agreement
and agree to the terms, conditions and notices contained
or referenced herein.
b. Electronic
Form. By accessing the Website or becoming a Member, you
consent to have this Agreement provided to you in
electronic form.
c. Non-electronic Copy.
You have the right to receive this Agreement in
non-electronic form. You may request a non-electronic
copy of this Agreement either before or after you
electronically sign the Agreement. To receive a
non-electronic copy of this Agreement, please send an
e-mail to customercare@WholesaleWheelOutlet.com or a
letter and self-addressed stamped envelope to:
WholesaleWheelOutlet.com, P.O. Box 131132, Houston,
TX 77219.
d. Withdrawing Your Consent.
You have the right at any time to withdraw your consent
to have this Agreement provided to you in electronic
form.
(i) Effect. Should you choose to
withdraw your consent to have this Agreement provided to
you in electronic form, we will discontinue your
then-current username and password. This means that you
will not have the right to use the Service unless, and
until, we issue you a new username and password. We
only will issue you a new username and password after we
receive a signed copy of a non-electronic version of
this Agreement, which we will send to you upon
request.
(ii) Notice. To withdraw your
consent and/or request a non-electronic copy of this
Agreement, please send an email to
customercare@WholesaleWheelOutlet.com or a letter and
self-addressed stamped envelope to:
WholesaleWheelOutlet.com,P.O. Box 131132, Houston, TX
77219.
(iii) Prospective Nature. Your
withdrawal of consent shall be effective within a
reasonable time after we receive your withdrawal notice
described above. Your withdrawal of consent will not
affect the legal validity or enforceability of the
Agreement provided to, and electronically signed by,
you prior to the effective date of your withdrawal.
e. Access and Retention. In order to
access and retain this electronic Agreement, you must
have access to the World Wide Web, either directly
or through devices that access web-based content, and
pay any service fees associated with such access. In
addition, you must use all equipment necessary to
make such connection to the World Wide Web, including a
computer and modem or other access device. Please print
a copy of this document for your records. To retain
an electronic copy of this Agreement, you may save it
into any word processing program. Via, the Website,
we will notify you of any changes in the hardware or
software requirements needed to access and/or retain
this Agreement that create a material risk that you
will not be able to continue to access and/or retain
this electronic Agreement.
2. Eligibility.
You must be at least eighteen (18) years of age and
single or separated from your spouse to register as a
member of WholesaleWheelOutlet.com or use the
Website. Membership in the Service is void where
prohibited. By using the Website, you represent and
warrant that you have the right, authority and
capacity to enter into this Agreement and to abide by
all of the terms and conditions of this Agreement.
3. Membership and Subscription; Pricing. You may
become a Member of the Service at no cost. As a Member,
you will have the ability to participate in some,
but not all, of the features and services available
within the Service. In order to access additional
features and services, including the ability to
communicate with other Members, you must become a paying
subscriber to the Service. Please see Subscribe for
a description of the current subscription plans and
their prices. Please note that the subscription policies
that are disclosed to you in subscribing to the
service are deemed part of this Agreement. Please see
Billing Details for a description of such policies. For
purposes of this Agreement the term "Member"
includes subscribers, unless where its usage indicates
otherwise. From time to time, WholesaleWheelOutlet.com
may remove the profiles of non-subscribers.
4. Term. This Agreement will remain in full force and
effect while you use the Website and/or are a Member.
You may terminate your membership and/or
subscription at any time, for any reason,by sending
WholesaleWheelOutlet.com written notice of termination
to WholesaleWheelOutlet.com,P.O. Box 131132,
Houston, TX 77219. If you resign or cancel your
membership and/or subscription via the
WholesaleWheelOutlet.com site, to help
WholesaleWheelOutlet.com analyze and improve the
Service, you may be asked to provide a reason for your
resignation/cancellation. You may bypass this brief
resignation survey page and continue the
resignation/cancellation process by clicking the
“Continue Cancellation” or other similar button on
the page. If you terminate your subscription, your
subscription will remain active until the end of your
then-current subscription period (that is, the
subscription period through which you had paid prior to
your termination). WholesaleWheelOutlet.com may
terminate your membership and/or subscription by
sending notice to you at the email address you provide
in your application for membership, or such other
email address as you may later provide to
WholesaleWheelOutlet.com. If WholesaleWheelOutlet.com
terminates your membership in the Service because you
have breached this Agreement, you will not be
entitled to any refund of unused subscription fees. All
decisions regarding the termination of accounts
shall be made in the sole discretion of
WholesaleWheelOutlet.com. WholesaleWheelOutlet.com is
not required to provide you notice prior to
terminating your membership and/or subscription.
WholesaleWheelOutlet.com is not required, and may be
prohibited, from disclosing a reason for the
termination of your account. Even after your membership
or subscription is terminated, this Agreement will
remain in effect. All terms that by their nature may
survive termination of this Agreement shall be deemed to
survive such termination.
5. Non-commercial Use
by Members. The Website is for the personal use of
individual Members only and may not be used in
connection with any commercial endeavors.
Organizations, companies, and/or businesses may not
become Members and should not use the Service or the
Website for any purpose. Illegal and/or unauthorized
uses of the Website, including collecting usernames
and/or email addresses of members by electronic or
other means for the purpose of sending unsolicited email
and unauthorized framing of or linking to the Website
may be investigated, and appropriate legal action
will be taken, including without limitation, civil,
criminal, and injunctive redress. Use of the Website is
with the permission of WholesaleWheelOutlet.com,
which may be revoked at any time, for any reason, in
WholesaleWheelOutlet.com's sole discretion.
6.
Account Security. You are responsible for maintaining
the confidentiality of the username and password that
you designate during the Registration process, and
you are fully responsible for all activities that occur
under your username and password. You agree to (a)
immediately notify WholesaleWheelOutlet.com of any
unauthorized use of your username or password or any
other breach of security, and (b) ensure that you
exit from your account at the end of each session.
WholesaleWheelOutlet.com will not be liable for any loss
or damage arising from your failure to comply with
this provision. You should use particular caution when
accessing your account from a public or shared computer
so that others are not able to view or record your
password or other personal information. If you share
your computer with others, you may wish to consider
disabling your auto-sign in feature if you have linked
your Window's Live ID to your WholesaleWheelOutlet.com
account.
7. Your Interactions with Other
Members. You are solely responsible for your
interactions with other Members. You understand that
WholesaleWheelOutlet.com does not in any way screen its
Members, nor does WholesaleWheelOutlet.com inquire into
the backgrounds of its Members or attempt to verify
the statements of its Members. WholesaleWheelOutlet.com
makes no representations or warranties as to the conduct
of Members or their compatibility with any current
or future Members. In no event shall
WholesaleWheelOutlet.com be liable for any damages
whatsoever, whether direct, indirect, general,
special, compensatory, consequential, and/or incidental,
arising out of or relating to the conduct of you or
anyone else in connection with the use of the Service,
including without limitation, bodily injury, emotional
distress, and/or any other damages resulting from
communications or meetings with other registered users
of this Service or persons you meet through this
Service. You agree to take reasonable precautions in
all interactions with other Members of the Service,
particularly if you decide to meet offline or in
person. In addition, you agree to review
WholesaleWheelOutlet.com's Dating Safety Tips prior to
using the Service. You understand that
WholesaleWheelOutlet.com makes no guarantees, either
express or implied, regarding your ultimate
compatibility with individuals you meet through the
Service. You should not provide your financial
information (for example, your credit card or bank
account information) to other Members.
8.
Content on WholesaleWheelOutlet.com.
(a)
Proprietary Rights. WholesaleWheelOutlet.com owns and
retains all proprietary rights in the Website and the
Service. The Website contains the copyrighted
material, trademarks, and other proprietary information
of WholesaleWheelOutlet.com, and its licensors. Except
for that information which is in the public domain
or for which you have been given written permission, you
may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary
information.
(b) Reliance on Content,
Advice, Etc. Opinions, advice, statements, offers, or
other information or content made available through the
Service, but not directly by
WholesaleWheelOutlet.com, are those of their respective
authors, and should not necessarily be relied upon. Such
authors are solely responsible for such content.
WholesaleWheelOutlet.com does not: (i) guarantee the
accuracy, completeness, or usefulness of any
information on the Service, or (ii) adopt, endorse or
accept responsibility for the accuracy or reliability of
any opinion, advice, or statement made by any party
that appears on the Website. Under no circumstances will
WholesaleWheelOutlet.com or its affiliates be
responsible for any loss or damage resulting from
your reliance on information or other content posted on
the Website or transmitted to or by any Members.
9. Content Posted by You on
WholesaleWheelOutlet.com.
a. You are solely
responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to
other Members. You will not post on the Service, or
transmit to other Members, any defamatory, inaccurate,
abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, or
illegal material, or any material that infringes or
violates another party's rights (including, but not
limited to, intellectual property rights, and rights of
privacy and publicity). You will not provide
inaccurate, misleading or false information to the
Company or to any other Member. If information provided
to WholesaleWheelOutlet.com, or another Member,
subsequently becomes inaccurate, misleading or false,
you will promptly notify WholesaleWheelOutlet.com of
such change.
b. You understand and agree
that WholesaleWheelOutlet.com may review and delete any
content, messages, double-blind emails, photos or
profiles (collectively, "Content"), in each case in
whole or in part, that in the sole judgment of
WholesaleWheelOutlet.com violate this Agreement or
which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of Members.
c. By posting Content to any public area of
WholesaleWheelOutlet.com, you automatically grant, and
you represent and warrant that you have the right to
grant, to WholesaleWheelOutlet.com, its affiliates,
licensees and successors, an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use,
copy, perform, display, reproduce, adapt, modify and
distribute such information and content and to prepare
derivative works of, or incorporate into other
works, such information and content, and to grant and
authorize sublicenses of the foregoing. You further
represent and warrant that public posting and use of
your content by WholesaleWheelOutlet.com will not
infringe or violate the rights of any third party.
d. The following is a partial list of the
kind of Content that is illegal or prohibited on the
Website. WholesaleWheelOutlet.com reserves the right
to investigate and take appropriate legal action in its
sole discretion against anyone who violates this
provision, including without limitation, removing
the offending communication from the Service and
terminating the membership of such violators. It
includes, but is not limited to, Content that:
is patently offensive to the online community, such
as Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or
individual; harasses or advocates harassment of
another person; involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or
"spamming"; promotes information that you know is
false, misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene,
defamatory or libelous; promotes an illegal or
unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to
them, providing information to circumvent
manufacture-installed copy-protect devices, or providing
pirated images, audio or video, or links to pirated
images, audio or video files; contains restricted or
password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
provides material that exploits people under the age
of 18 in a sexual or violent manner, or solicits
personal information from anyone under the age of
18; provides instructional information about illegal
activities such as making or buying illegal weapons,
violating someone's privacy, or providing or
creating computer viruses; solicits passwords or
personal identifying information for commercial or
unlawful purposes from other users; and engages in
commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
e.
Your use of the Service, including but not limited to
the Content you post on the Service, must be in
accordance with any and all applicable laws and
regulations.
f. You may not include in your
Member profile any telephone numbers, street addresses,
last names, URLs or email addresses.
g. You
may not engage in advertising to, or solicitation of,
other Members. This includes but is not limited to
solicitation or advertising to buy or sell any
products or services through the Service or to attend
parties or other social functions or networking for
commercial purposes. You may not transmit any chain
letters or junk email to other Members. Although
WholesaleWheelOutlet.com cannot monitor the conduct of
its Members off the Website, it is also a violation
of these rules to use any information obtained from the
Service in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit
consent. In order to protect our Members from such
advertising or solicitation, we reserve the right to
restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number
which we deem appropriate in our sole discretion.
h. All information you include in your Member
profile must be accurate, current and complete.
10. Prohibited Activities. WholesaleWheelOutlet.com
reserves the right to investigate and terminate your
membership if you have misused the Service, or
behaved in a way which could be regarded as
inappropriate or whose conduct is unlawful or illegal.
The following is a partial list of the type of
actions that you may not engage in with respect to the
Service: You will not impersonate any person or
entity. You will not "stalk" or otherwise harass any
person. You will not express or imply that any
statements you make are endorsed by
WholesaleWheelOutlet.com without our specific prior
written consent. You will not use any robot, spider,
site search/retrieval application, or other manual or
automatic device or process to retrieve, index,
"data mine", or in any way reproduce or circumvent the
navigational structure or presentation of the Service or
its contents. You will not post, distribute or
reproduce in any way any copyrighted material,
trademarks, or other proprietary information without
obtaining the prior consent of the owner of such
proprietary rights. You will not remove any
copyright, trademark or other proprietary rights notices
contained in the Service. You will not interfere
with or disrupt the Services or the site or the servers
or networks connected to the Services or the site.
You will not post, email 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. You will not forge headers or otherwise
manipulate identifiers in order to disguise the origin
of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the
Service or the Website, without
WholesaleWheelOutlet.com's prior written authorization.
You also shall not use meta tags or code or other
devices containing any reference to
WholesaleWheelOutlet.com or the Service or the site in
order to direct any person to any other web site for
any purpose. You will not modify, adapt, sublicense,
translate, sell, reverse engineer, decipher, decompile
or otherwise disassemble any portion of the Service
or the Website or any software used on or for the
Service or cause others to do so.
11. Customer
Service. WholesaleWheelOutlet.com provides assistance
and guidance through its customer care representatives.
When communicating with our customer care
representatives, you may not to be abusive, obscene,
profane, offensive, sexist, threatening, harassing,
racially offensive, or otherwise behave
inappropriately. If we feel that your behavior towards
any of our customer care representatives or other
employees is at any time threatening or offensive, we
reserve the right to immediately terminate your
membership and you will not be entitled to any
refund of unused subscription fees. 12.
Subscriptions; Charges on Your Billing Account. (a)
General. WholesaleWheelOutlet.com bills you through an
online account (your "Billing Account") for use of the
Service. You agree to pay WholesaleWheelOutlet.com
all charges at the prices then in effect for any use of
the Service by you or other persons (including your
agents) using your Billing Account, and you
authorize WholesaleWheelOutlet.com to charge your chosen
payment provider (your "Payment Method") for the
Service. You agree to make payment using that selected
Payment Method. WholesaleWheelOutlet.com reserves the
right to correct any errors or mistakes that it
makes even if it has already requested or received
payment.
(b) Recurring Billing. Most
subscription plans to the Service consist of an initial
period, for which there is a one time charge, followed
by recurring period charges as agreed to by you. By
entering into this Agreement, you acknowledge that your
subscription has an initial and recurring payment
feature and you accept responsibility for all recurring
charges prior to cancellation. WholesaleWheelOutlet.com
MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR
NOTICE (CONFIRMED IN WRITING UPON REQUEST BY
WholesaleWheelOutlet.com) THAT YOU HAVE TERMINATED THIS
AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.
SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE
WholesaleWheelOutlet.com REASONABLY COULD ACT. TO
TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT
METHOD, GO TO ACCOUNT SETTINGS.
(c)
Current Information Required. YOU MUST PROVIDE CURRENT,
COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING
ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO
KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE
(SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD
NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU
MUST PROMPTLY NOTIFY WholesaleWheelOutlet.com IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT)
OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF
SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF
YOUR USER NAME OR PASSWORD. CHANGES TO SUCH
INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL
TO PROVIDE WholesaleWheelOutlet.com ANY OF THE FOREGOING
INFORMATION, YOU AGREE THAT WholesaleWheelOutlet.com
MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE
UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE
TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED
BY YOU IN WRITING UPON REQUEST BY
WholesaleWheelOutlet.com).
(d) Payment
Method. The terms of your payment will be based on your
Payment Method and may be determined by agreements
between you and the financial institution, credit
card issuer or other provider of your chosen Payment
Method (the "Payment Method Provider"). If
WholesaleWheelOutlet.com does not receive payment from
your Payment Method Provider, you agree to pay all
amounts due on your Billing Account upon demand.
(e) Change in Amount Authorized. If the amount
to be charged to your Billing Account varies from the
amount you preauthorized (other than due to the
imposition or change in the amount of state sales
taxes), you have the right to receive, and
WholesaleWheelOutlet.com shall provide, notice of
the amount to be charged and the date of the charge at
least 10 days before the scheduled date of the
transaction. Any agreement you have with your
Payment Method Provider will govern your use of your
Payment Method. You agree that WholesaleWheelOutlet.com
may accumulate charges incurred and submit them as
one or more aggregate charges during or at the end of
each billing cycle.
(f) Auto-renewal. Your
WholesaleWheelOutlet.com subscription will be
automatically extended for successive renewal periods of
the same duration as the subscription term
originally selected, at the then-current non-promotional
subscription rate. To change or resign your subscription
at any time, go to Account Settings. If you resign,
you may use your subscription until the end of your
then-current subscription term; your subscription
will not be renewed after your then-current term
expires. However, you won't be eligible for a prorated
refund of any portion of the subscription fee paid
for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination
or continued use of the Service reaffirms that
WholesaleWheelOutlet.com is authorized to charge
your Payment Method. WholesaleWheelOutlet.com may submit
those charges for payment and you will be responsible
for such charges. This does not waive
WholesaleWheelOutlet.com's right to seek payment
directly from you. Your charges may be payable in
advance, in arrears, per usage, or as otherwise
described when you initially subscribed to the Service.
(h) Free Trials and Other Promotions. Any
free trial or other promotion that provides
subscriber-level access to the Service must be used
within the specified time of the trial. You must cancel
your subscription before the end of the trial period in
order to avoid being charged a subscription fee. If
you cancel prior to the end of the trial period and are
inadvertently charged for a subscription, please contact
Customer Care to have the charges reversed.
13. Modifications to Service.
WholesaleWheelOutlet.com reserves the right at any time
to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without
notice. You agree that WholesaleWheelOutlet.com shall
not be liable to you or to any third party for any
modification, suspension or discontinuance of the
Service. 14. Blocking of IP Addresses. In order to
protect the integrity of the Service,
WholesaleWheelOutlet.com reserves the right at any time
in its sole discretion to block Members from certain
IP addresses from accessing the Website. 15.
Copyright Policy. You may not post, distribute, or
reproduce in any way any copyrighted material,
trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if
you believe that your work has been copied and
posted on the Service in a way that constitutes
copyright infringement, please provide our Copyright
Agent with the following information: an electronic or
physical signature of the person authorized to act on
behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has
been infringed; a description of where the material that
you claim is infringing is located on the Website;
your address, telephone number, and email address; a
written 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; a statement by
you, made under penalty of perjury, that the above
information in your notice is accurate and that you are
the copyright owner or authorized to act on the
copyright owner's behalf. WholesaleWheelOutlet.com's
Copyright Agent for notice of claims of copyright
infringement can be reached as follows:
WholesaleWheelOutlet.com Legal, PO Box 25458, Houston,
TX 77219. 16. Member Disputes. You are solely
responsible for your interactions with other
WholesaleWheelOutlet.com Members.
WholesaleWheelOutlet.com reserves the right, but has
no obligation, to monitor disputes between you and other
Members. 17. Privacy. Use of the Website and/or the
Service is also governed by our Privacy Policy. 18.
Disclaimers. WholesaleWheelOutlet.com is not responsible
for any incorrect or inaccurate Content posted on the
Website or in connection with the Service, whether
caused by users of the Website, Members or by any of the
equipment or programming associated with or utilized in
the Service. WholesaleWheelOutlet.com is not
responsible for the conduct, whether online or offline,
of any user of the Website or Member of the Service.
WholesaleWheelOutlet.com assumes no responsibility for
any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications
line failure, theft or destruction or unauthorized
access to, or alteration of, user or Member
communications. WholesaleWheelOutlet.com is not
responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems,
servers or providers, computer equipment, software,
failure of email or players on account of technical
problems or traffic congestion on the Internet or at
any Website or combination thereof, including injury or
damage to users and/or Members or to any other person's
computer related to or resulting from participating
or downloading materials in connection with the Web
and/or in connection with the Service. Under no
circumstances will WholesaleWheelOutlet.com or any of
its affiliates, advertisers, promoters or distribution
partners be responsible for any loss or damage,
including personal injury or death, resulting from
anyone's use of the Website or the Service, any Content
posted on the Website or transmitted to Members, or
any interactions between users of the Website, whether
online or offline. The Website and the Service are
provided "AS-IS" and WholesaleWheelOutlet.com expressly
disclaims any warranty of fitness for a particular
purpose or non-infringement.
WholesaleWheelOutlet.com cannot guarantee and does not
promise any specific results from use of the Website
and/or the Service. In addition to the preceding
paragraph and other provisions of this Agreement, any
advice that may be posted on the Website is for
informational and entertainment purposes only and is not
intended to replace or substitute for any professional
financial, medical, legal, or other advice.
WholesaleWheelOutlet.com makes no representations or
warranties and expressly disclaims any and all liability
concerning any treatment, action by, or effect on
any person following the information offered or provided
within or through the Website. If you have specific
concerns or a situation arises in which you require
professional or medical advice, you should consult with
an appropriately trained and qualified specialist.
19. Links. The Service may provide, or third parties
may provide, links to other World Wide Web sites or
resources. Because WholesaleWheelOutlet.com has no
control over such sites and resources, you acknowledge
and agree that WholesaleWheelOutlet.com is not
responsible for the availability of such external
sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising,
products or other materials on or available from such
sites or resources. You further acknowledge and agree
that WholesaleWheelOutlet.com shall not be
responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with the use of, or reliance upon, any
such Content, goods or services available on or through
any such site or resource. 20. Linked Accounts.
WholesaleWheelOutlet.com permits you to associate a
WholesaleWheelOutlet.com username and password with your
Window's Live ID. When you establish a linked
account, you can sign into Window's Live or AOL
ScreenName and automatically sign into
WholesaleWheelOutlet.com at the same time.
WholesaleWheelOutlet.com is not responsible for the
operation or functionality of Window's Live or AOL
ScreenName. Microsoft is a registered trademark of
Microsoft Corporation and AOL is a registered trademark
of America Online, Inc. 21. Limitation on Liability.
Except in jurisdictions where such provisions are
restricted, in no event will WholesaleWheelOutlet.com be
liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or
punitive damages, including also lost profits
arising from your use of the Web site or the Service,
even if WholesaleWheelOutlet.com has been advised of the
possibility of such damages. Notwithstanding
anything to the contrary contained herein,
WholesaleWheelOutlet.com's liability to you for any
cause whatsoever, and regardless of the form of the
action, will at all times be limited to the amount paid,
if any, by you to WholesaleWheelOutlet.com for the
Service during the term of membership. 22. U.S.
Export Controls. Software from this Website (the
"Software") is further subject to United States export
controls. No Software may be downloaded from the
Website or otherwise exported or re-exported (i) into
(or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other Country to
which the U.S. has embargoed goods; or (ii) to anyone on
the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not
located in, under the control of, or a national or
resident of any such country or on any such list.
23. Jurisdiction and Choice of Law. If there is any
dispute arising out of the Website and/or the Service,
by using the Website, you expressly agree that any
such dispute shall be governed by the laws of the State
of Texas, without regard to its conflict of law
provisions, and you expressly agree and consent to
the exclusive jurisdiction and venue of the state and
federal courts of the State of Texas, in Houston
County, for the resolution of any such dispute. 24.
Indemnity by You. You agree to indemnify and hold
WholesaleWheelOutlet.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third
party due to or arising out of your use of the
Service in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of
your representations and warranties set forth above.
25. No Third Party Beneficiaries. You agree that, except
as otherwise expressly provided in this Agreement, there
shall be no third party beneficiaries to this
Agreement. Other. This Agreement contains the entire
agreement between you and WholesaleWheelOutlet.com
regarding the use of the Website and/or the Service.
If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force
and effect. Please contact us with any questions
regarding this agreement. WholesaleWheelOutlet.com is a
trademark of WholesaleWheelOutlet.com, L.L.C.
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