Terms of Service
Effective Date: October 12, 2010
Welcome to the Mega Motors, Inc. website, which is located at www.megamotorsdallas.com (the "Website"). This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the Mega Motors, Inc. Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the Mega Motors, Inc. Service. Use of the Mega Motors, Inc. Website constitutes your acceptance of and agreement to this TOS.
Mega Motors, Inc. reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Mega Motors, Inc. Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the Mega Motors, Inc. Service. Your continued use of the Mega Motors, Inc. Website following posting of a change notice or new TOS on the Mega Motors, Inc. Website will constitute binding acceptance of the changes.
1. The Mega Motors, Inc. Service.
Mega Motors, Inc. provides a number of Internet-based services through the Website (all such services, collectively, the " Mega Motors, Inc. Service"). One such service enables users to make payments on their accounts (collectively, "Payments"). Mega Motors, Inc. users may look at inventory on the website. You must call Mega Motors, Inc. to see if a vehicle in inventory is available to purchase. Mega Motors, Inc. may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the Web Site and Mega Motors, Inc.
2.1 Eligibility. Mega Motors, Inc. will only knowingly provide the Mega Motors, Inc. Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Mega Motors, Inc. Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Mega Motors, Inc. Service is not intended for children under the age of 13. 2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Mega Motors, Inc. Service and the Website.
3. General Rules.
4. Reservation of Rights.
4.1 Monitoring. Mega Motors, Inc. reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Mega Motors, Inc. determines, in its sole and absolute discretion, that you or another Mega Motors, Inc. user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Mega Motors, Inc. may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. 4.2 Modification of the Service. Mega Motors, Inc. reserves the right to modify the organization, structure or "look and feel" of the Mega Motors, Inc. Service or the Website, and may change, suspend, or discontinue any aspect of the Mega Motors, Inc. Service at any time without any liability to you or any third party Mega Motors, Inc. shall have complete discretion over the features, functions, prices and other terms and conditions on which the Mega Motors, Inc. Service is offered to Mega Motors, Inc. users.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Mega Motors, Inc. permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Mega Motors, Inc. will have no obligation to keep any Submissions confidential. You will not bring a claim against Mega Motors, Inc. based on "moral rights" or the likes arising from Mega Motors, Inc.'s use of a Submission. This Section does not apply to your Content that you use in connection with the Create & Buy Service or COS.
6. Representations and Warranties.
6.1 Mutual Representations and Warranties. You represent and warrant to Mega Motors, Inc. and Mega Motors, Inc. represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions. 7.2 By You. You represent and warrant to Mega Motors, Inc. that, in your use of the Mega Motors, Inc. Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors. You further represent and warrant to Mega Motors, Inc. that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Mega Motors, Inc. will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Mega Motors, Inc. incurs in providing the Mega Motors, Inc. Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
7. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. Mega Motors, Inc. PROVIDES THE WEBSITE AND Mega Motors, Inc. SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mega Motors, Inc. DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, Mega Motors, Inc. SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Mega Motors, Inc. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Limitation of Liability.
LIMITATION OF LIABILITY. Mega Motors, Inc. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Mega Motors, Inc. SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY CAFEPRESS TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You hereby indemnify and hold Mega Motors, Inc. and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission, including without limitation monetary damages incurred Mega Motors, Inc. due to any breach of this Agreement or violation of any policy. If you have to indemnify Mega Motors, Inc. under this Section, Mega Motors, Inc. will have the right to control the defense, settlement, and resolution of any Claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any Claim without Mega Motors, Inc. 's express written permission.
10.1 Termination. In its sole discretion, with or without notice to you, Mega Motors, Inc. may: (i) suspend, limit your access to or terminate your use of the Website and/or the Mega Motors, Inc. Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Mega Motors, Inc.'s servers and directories and (iv) prohibit you from using the Mega Motors, Inc. 's Service and/or the Website. 11.2 Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until Mega Motors, Inc. chooses to terminate this TOS. 11.3 Effect of Termination. If you or Mega Motors, Inc. terminates your use of the Website or the Mega Motors, Inc. Service, Mega Motors, Inc.. may delete any Content or other materials relating to your use of the Mega Motors, Inc. Service on Mega Motors, Inc. 's servers or otherwise in its possession and Mega Motors, Inc. will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Mega Motors, Inc., you must use the following addresses: PO Box 171509, Dallas, TX 75217 or firstname.lastname@example.org. If Mega Motors, Inc. provides notice to you, Mega Motors, Inc. will use the contact information provided by you to Mega Motors, Inc. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
12. Dispute Resolution.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Mega Motors, Inc. Service will be exclusively resolved under confidential binding arbitration held in Dallas County, Texas, before and in accordance with the Rules of JAMS, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Los Angeles County, California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and California State courts in Los Angeles County. Notwithstanding anything to the contrary in this Section 13, Mega Motors, Inc. may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of Mega Motors, Inc. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Mega Motors, Inc. are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.
Personal Information. We collect Personal Information that you provide to us, such as your name, mailing address, phone number, email address, credit card number, and financial information.
Non-Personal Information. We also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address ("Non-Personal Information"). Non-Personal Information cannot be easily used to personally identify you.
Providing Information to Us. We collect Personal Information from you when you provide it to us. For example, if you purchase a product, we may collect your name, mailing address, telephone number, credit card number, and email address. If you sign up to receive a newsletter, we will collect your email address.
Communications With Us. If you communicate with us regarding the Website or the Mega Motors Inc.. Services, we will collect any information that you provide to us in any such communication.
Analytic and Reporting Technologies. Like the operators of most websites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, clickstream patterns, and the dates and times that the Website and the Mega Motors Inc. Services are accessed. We also contract with several online partners to help manage, monitor and optimize our Website and the Mega Motors Inc. Services and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. To do this, we may use web beacons and cookies.
Disclosure to Successors. We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event Mega Motors Inc. goes through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred. You will be notified via email or by a notice on our Website of any such change in ownership or control of your Personal Information.
Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). In particular, if you are a Content Owner, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights through the products sold through your Shop. Similarly, if you allege that a Content Owner is infringing upon your intellectual property rights, we may disclose your information to that Content Owner.
Disclosure to Third Party Service Providers and Online Partners. We may contract with various third parties who help us provide, maintain and improve the Website and the Mega Motors Inc. Services. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, analytics, reporting or other operations. We also contract with several online partners to help manage, monitor and optimize our Website and the Mega Motors Inc. Services and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information. Mega Motors Inc. does not share, rent or trade your Personal Information with third parties for their promotional purposes.
Disclosure to Content Owners. If you make a payment on our Website, megamotorsdallas.com may provide your name, and the city and state information provided by you to the Content Owner. In the Content Owner Agreement, Mega Motors Inc. contractually obligates each Content Owner not to use or disclose this information for any purposes other than internal record keeping, and for marketing their Shops, only if you have opted in to receive marketing material directly from the Content Owner. We cannot guarantee all Content Owners will comply with this obligation.
Disclosure of Non-Personal Information. We will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information. However, it cannot be easily used to identify you personally.
Internet Advertising. We may use third party service providers to serve ads on our behalf across the Internet and sometimes on the Website. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major websites.
We provide you the opportunity to opt-out of having your Personal Information used for certain purposes. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.
If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at email@example.com. We also offer you an opportunity to opt-out of certain communications through the account management screen. If you need assistance you may contact us at firstname.lastname@example.org; or via mail sent to PO Box 171509, Dallas, TX 75217.