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.
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.
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.
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:
Notices of claimed copyright infringement should be sent to the email address or the office address listed on MyWeels’ website.
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.
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 NON-INFRINGEMENT 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.
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.
Governing Law. These Website Terms are governed by the same law and DISPUTE RESOLUTION provisions found in our Terms and Conditions.
413 Wacouta Street Suite 540 Saint Paul MN 55101