MyWeels Website Terms of Use
These Website Terms of Use (the “Website Terms”) between you and Wheels, LLC, its parents,
subsidiaries, representatives, affiliates, officers and directors (collectively, “MyWeels,” “we,”
“us” or “our”) governing your use of the MyWeels Website(s) and applications.
PLEASE DO NOT ACCESS OR USE MYWEELS WEBSITE OR APPLICATION IF YOU DO
NOT AGREE TO BE BOUND BY THESE WEBSITE TERMS, OUR TERMS AND
CONDITIONS, OR OUR PRIVACY POLICY.
1. User Conduct. You agree that you will comply with these Website Terms and that you
will not engage in conduct or communications with or with respect to the Website that: (1) are
obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others; (2)
contain viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other
harmful component that may damage, intercept, expropriate or interfere with any system, data, or
personal information; (3) advocate or encourage any illegal activity; (4) infringe on the
copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or
proprietary right of any third party; (5) violate the privacy of individuals, including, but not
limited to, other users of the Website; or (6) violate any applicable local, state, national or
international law. You also agree that you will not: (1) attempt to gain unauthorized access to any portion or feature
of the Website or our systems, networks or servers by hacking, password “mining” or any other
illegitimate means, or (2) access, acquire, copy, monitor or circumvent any portion of our
Website, systems, networks or servers to obtain or attempt to obtain any Content, materials,
documents, or information through any means not purposely made available through the
Website. We reserve the right to bar any such activity or use at our sole discretion.
2. Website Content. The entire content of the Website, including but not limited to text,
graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music,
artwork, and computer code, and the design, structure, selection, coordination, expression, “look
and feel” and arrangement of such content (collectively, “Content”) is owned controlled, or
licensed by or to MyWeels.
The Website and the Content, except for that in the public domain, is protected from
unauthorized copying and dissemination the United States and Canadian laws for copyright,
trademark, trade dress, unfair competition, as well as international conventions and other
intellectual property laws.
All page headers, custom graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress of MyWeels or its licensors and may not be copied, imitated, or used, in whole
or in part, without our prior written permission.
MyWeels will grant you permission to use portions of the Website, provided that you do not
change or delete any proprietary notices from downloaded or printed materials; copy or post such
information on any networked computer; broadcast it in any media; or make any representations
or warranties relating to such documents or the Content. Other than this limited permission, you may not copy, reproduce, republish, upload, post,
publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to
any other computer, server, Website, medium or commercial enterprise, any part of the Website
or any Content without our express prior written consent.
Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use the Website or the Content except permitted or consented by these
Terms.
3. Digital Millennium Copyright Act Notice. MyWeels respects the intellectual property
rights of others and expects users of the MyWeels Website to do the same. We will investigate
reports of alleged infringement and will take appropriate action to remove or disable access to
any material found likely to be infringing.
If you believe our Website infringes your copyright, please provide the following information:
• A physical or electronic signature of the person authorized to act on behalf of the
owner of an exclusive copyright that has allegedly been infringed;
• A description of the copyrighted work that you believe has been infringed;
• The location on the website of this allegedly infringing material;
• Your address, telephone number and email address and any other pertinent
information sufficient to allow MyWeels to contact you;
• 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;
• 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 are authorized to act on the
copyright owner’s behalf.
Notices of claimed copyright infringement should be sent to the email address or the office
address listed on MyWeels’ website.
4. NO WEBSITE WARRANTIES.
THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE
UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON
THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS
THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON
THE WEBSITE OR THE CONTENT.
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WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING
THE WEBSITE OR THE CONTENT, WHETHER EXPRESS OR IMPLIED, ORAL OR
WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY,
TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR
FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT
AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NONINFRINGEMENT WITH RESPECT TO THE WEBSITE OR THE CONTENT.
OUR CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE
INFORMATION CONTAINED ON THE WEBSITE DOES NOT CONSTITUTE THE
RENDERING OF LEGAL, ACCOUNTING, TAX OR OTHER SUCH PROFESSIONAL
ADVICE.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MYWEELS, ITS AFFILIATES OR ITS
SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, OR
INFORMATION CONTAINED WITHIN THE WEBSITE, EVEN IF YOU HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES
WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP
USING THE WEBSITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY
UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY
YOUR USE OF THE WEBSITE, IF ANY, OR $500, WHICHEVER IS LESS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS
BARRED, AND ANY CLAIM BY YOU IS SUBJECT TO THE LIMITATION OF LIABILITY
SET FORTH ABOVE. CLAIMS RELATED TO THE TERMS, CONDITIONS AND
WARRANTIES OF ACTUAL PURCHASED GOODS AND SERVICES ARE NOT SUBJECT
TO THIS LIMITATION.
6. Governing Law. These Website Terms are governed by the same law and DISPUTE
RESOLUTION provisions found in our Terms and Conditions