TCS Automotive Performance® User Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND ANY MATERIALS CONTAINED HEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH WWW.TCSAutomotive.COM AND RELATED WEBSITES (THE "WEBSITE"). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE WWW.TCSAutomotive.COM .
The following User Agreement ("Agreement") governs your ("you" or "your") use of WWW.TCSAutomotive.COM ("Website"), as provided by TCS Automotive Performance, a North Carolina corporation ("TCS," "we," "us" or "our").
The Agreement may be modified from time to time; the date of the most recent revisions will appear on the Website or through a notification to you through the e-mail address you provided to TCS for the establishment of your user account. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow the terms of this Agreement may result in suspension or termination of your access to the Website, without notice, in addition to TCS’s other remedies.
1. TCS Services.
TCS provides an online service (the "Service") in which you can purchase after-market automotive parts and other automotive related products, obtain information related to automobiles and the products TCS sells and installs and correspond with TCS representatives. TCS does not manufacture automotive parts. TCS sells and installs automotive parts and products ("Products") manufactured by other parties ("Vendors"). TCS makes no representation, warranty or guaranty regarding any Vendor or Product and by using the Website you agree that TCS bears no liability in regards to any such Vendor or Product. Various third party consumers may comment on or make certain statements regarding a particular Product or Vendor. TCS makes no representation, warranty or guaranty regarding any such statement and/or the veracity thereof; any such statements are the statements of the third party consumer and not a statement by or on behalf of TCS. The use of any Vendor or Product or any statement regarding the same placed on the Website by a third party is undertaken at your own risk.
2. Website Registration.
To use the Website, you may be required to complete a registration form. Upon submission, all registrations become the exclusive property of TCS. Registered users (each, a "Registered User") are permitted only one (1) account. Registered Users with more than one account are subject to immediate account termination. TCS, at its sole discretion, may suspend or revoke the registration of any Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Website or otherwise made known by TCS is subject to immediate disqualification and revocation of their registration. TCS reserves the right to cancel, terminate or discontinue the sale of any Product at any time.
3. TCS Advertisers on Website.
TCS, in its sole discretion, may post the advertisements of third parties on the Website. Your correspondence or dealings with advertisers found on the Website are solely between you and such advertiser. You agree that TCS shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Website. Moreover, TCS shall not be responsible or liable for the statements or conduct of any third party on the Website, including, but not limited to advertisers.
4. No Agency; Third-Party Beneficiary.
TCS is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of TCS, Vendors and you.
5. Reliance on TCS Supplied Information.
Information available through the Website or other communications with you is for promotional and/or informational purposes only. While we make efforts to ensure that information provided by us is accurate, we do not represent or warrant that any Website content is accurate, complete or current, including any user alerts sent by us to you via e-mail. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website content and other information and opinions expressed through our Website or our communications with you. For instance, ratings and reviews may be informative but are not provided as a guaranty or prediction of the level of performance you may experience with the applicable product, service, merchant, Vendor or other third party. You are solely responsible for the actions or decisions you take based on materials and information available through the Website and should carry out your own research and investigation as appropriate.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Website to foster compliance with this Agreement. All users of the Website hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guaranties that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use; (2) apparent statements of fact will be authenticated; or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.
7. Registration Information.
TCS may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available.
8. Use of User ID/Password.
A. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information) you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website.
9. Use of the Website by You.
A. The Website is not intended for users under the age of 18, and TCS does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required.
B. Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
C. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week, if functions of the Website would otherwise allow you to do so.
D. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Website.
E. You further agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
F. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
G. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
H. The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.
I. The Website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by TCS or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the Website, and advertising thereon ("Website Content"). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of TCS or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
J. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, TCS or the Website.
K. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
L. Other than connecting to TCS’s servers by http requests using a Web browser, you may not attempt to gain access to TCS’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
M. You acknowledge that TCS has not reviewed and does not endorse the content of all sites linked to or from this Website and is not responsible for the content or actions of any other sites linked to or from this Website. Your linking to any service or site is at your sole risk.
10. Comments by Others are not Endorsed by TCS.
TCS does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise that may be contained in the Website or added in the future. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of TCS. You agree that TCS is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
11. Use of Material Supplied by You.
TCS Automotive Performance®, TCSAutomotive® and all other TCS product names, service names, slogans or logos referenced in Website or any other materials are trademarks or registered trademarks of TCS Automotive, a North Carolina corporation doing business. All other company, product or service names referenced in Website are used for identification purposes only and may be trademarks of their respective owners.
Copyright © 2006-2014, TCS Automotive. All rights reserved. Original user content submitted by users or providers to the Website or where expressly provided otherwise by TCS is proprietary to the submitting users and/or providers, is protected by copyright law and is subject to the usage restrictions set forth herein. TCS respects the intellectual property of others and we ask our users to do the same. TCS may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify TCS by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512) to our Copyright Agent set forth below:
A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TCS to locate the material;
D. Information reasonably sufficient to permit TCS to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
F. 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.
TCS Copyright Agent
14. Merchandise Sold on or through the Website.
TCS does not make any warranties with respect to any of the merchandise, products and/or services featured, mentioned or sold on or through the Website, whether now exiting or in the future. You agree that TCS is not responsible, and shall have no liability to you, with respect to merchandise, products and/or services featured, mentioned, sold or distributed on or through the Website.
15. Shipping and Handling.
TCS is not responsible for any Products lost or damaged during the shipping process.
16. Return Policy.
All return requests must be made within thirty (30) days of the date of purchase with documentation related to said purchase as requested by TCS in its sole discretion. Absolutely no credits or refunds are available for electronic Products, custom Products or Products modified in any way at your request. TCS reserves the right to charge you a restocking fee of up to twenty-five percent (25%) of the purchase price of any Product. TCS will only allow you to maintain a credit balance on your account at your request. Any credit balances on your account with TCS will be remitted to you within seven (7) days of TCS’s receipt of your written request to remit such balance. If you fail to request the return of your credit balance within one (1) year of the creation of said credit balance, said balance shall terminate and TCS may retain any and all such balances.
You agree to indemnify TCS and its affiliates, employees, agents and/or representatives and to defend and hold each of them harmless from any and all claims and liabilities (including attorneys fees) which may arise from your use of Products or Services purchased from the Website, from your unauthorized use of material obtained through the Website or from your breach of this Agreement or from any such acts through your use of the Website or Products or Services offered through the Website.
18. Editing and Deletions.
TCS reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website including any material provided by any user, in its sole discretion, without notice.
19. Disclaimer of Warranty and Limitation of Liability.
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AND ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITE, INCLUDING THE INSTALLATION OF ANY SUCH PRODUCTS, AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND TCS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. TCS DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
TCS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, THE PROVISION OF PROMOTIONAL MATERIALS, OFFERS, COUPONS OR REBATES, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE TCS AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
BECAUSE TCS PROVIDES NO WARRANTY IN TRANSACTIONS BETWEEN BUYERS AND VENDORS OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE AND COVENANT NOT TO SUE TCS (AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU SHOULD CONTACT AN APPLICABLE VENDOR REGARDING ANY WARRANTY ISSUES RELATED TO ANY PRODUCTS OFFERED THROUGH THE WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT SOME PRODUCTS MAY NOT BE LAWFUL FOR USE ON PUBLIC ROADWAYS. NO WARRANTY IS MADE OR IMPLIED REGARDING THE LEGALITY OF ANY PRODUCTS OFFERED THROUGH THE WEBSITE OR BY TCS. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER YOUR AUTOMOBILE OR ANY ALTERATIONS MADE IN CONNECTION WITH PRODUCTS OFFERED THROUGH THE WEBSITE ARE LEGAL IN ANY STATE(S) IN WHICH THE AUTOMOBILE WILL BE OPERATED.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INSTALLATION OF PRODUCTS OFFERED THROUGH THE WEBSITE OR CERTAIN MODIFICATIONS MADE TO YOUR AUTOMOBILE MAY VOID WARRANTY COVERAGE ON SAID AUTOMOBILE AND THAT TCS BEARS NO LIABILITY FOR ANY SUCH MATTER.
Motor vehicles are inherently dangerous objects. The modification of a vehicle to attain certain levels of performance outside of what was intended by the original manufacturer of the vehicle can make a vehicle more dangerous. You fully and unconditionally accept all risks associated with the PURCHASE AND/OR INSTALLATION OF ANY PRODUCTS OR SERVICES PURCHASED BY TCS AND THE operation and testing of YOUR AUTOMOBILE and agree to defend, indemnify and hold TCS harmless from the same. Except for the gross negligence or willful misconduct of TCS, you agree to defend, indemnify and hold TCS harmless from any claims related to the PURCHASE AND/OR INSTALLATION OF ANY PRODUCTS OR SERVICES PURCHASED BY TCS AND THE operation and testing of YOUR AUTOMOBILE, including but not limited to claims of ownership, bodily injury, breach of manufacturer warranty, property damage or death.
20. No Class Actions.
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT OR OTHER PROCEEDING AGAINST US.
21. Export Controls.
This Website and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the United States of America and any amendment thereof. You acknowledge that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If you have any questions regarding your obligations under the United States of America Export Regulations, you should contact legal counsel of their choosing.
22. Purchase Terms.
You agree to pay to TCS the fees and costs stated or as specified from time to time for various Products and services available by or through TCS and you are responsible for promptly paying TCS for any Products or Services. Failure to pay fees may result in the initiation of legal action against you. Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent (1.5%) per month. Fees may be prorated for portions of months. Fees and payment terms are subject to change upon notice by TCS to you. Products, once purchased, are subject to TCS’s Return Policy, as defined in this Agreement. Absolutely no credits or refunds are available for custom or electronic Products. Once a charge has been processed to your credit card, you shall not request your credit card company to reverse the charge or charge it back to TCS. If you have a legitimate basis to request a credit for a charge previously processed against your credit card account, you shall request a credit from TCS by written notice and resolve the issue directly with TCS. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against TCS shall be reimposed by TCS upon you. Such costs may exceed the cost of the reversed item or charge back by many times. Should a dispute arise between you and TCS, TCS, if the prevailing party, shall be entitled to its costs and attorneys’ fees incurred therein, regardless of whether formal litigation is initiated. You shall not be entitled to any award of attorneys’ fees in any circumstance.
TCS makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of North Carolina applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Greensboro, North Carolina. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
24. Termination or Suspension of Access to the Website.
TCS has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
25. ENTIRE AGREEMENT.