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Web Site Agreement
NAPA Tools & Equipment Rewards website (the
"Service") is an online information service provided by
TheAwardZone.com, a division of Todd
Wenzel, Inc., subject to your compliance with the terms and
conditions set forth below including, all exhibits hereto. Please read
this document carefully before accessing or using the service. By accessing or
using the service, you agree to be bound by the terms and conditions set forth
below. If you do not wish to be bound by these terms and conditions, you may
not access or use the service. TheAwardZone.com may modify this agreement
at any time, and such modifications shall be effective immediately upon posting
of the modified agreement. You agree to review the agreement periodically to be
aware of such modifications and your continued access or use of the service
shall be deemed your conclusive acceptance of the modified agreement.
- Operating
Policies. You agree to comply with the
Operating Policies set forth in Exhibit A which are the rules that govern your activity in
connection with the Service as they may be amended by TheAwardZone.com
from time to time. TheAwardZone.com has the right but not the
obligation to remove any communications and materials that
TheAwardZone.com believes, in its sole discretion, that violate the
Operating Policies.
- Copyright,
Licenses and Idea Submissions. The
entire contents of the Service are copyrighted under the
United States
copyright laws.
The owner of the copyright is TheAwardZone.com. Any copying, redistribution,
retransmission or publication of any downloaded material, is strictly
prohibited without the express written consent of TheAwardZone.com or any
third party information provider to the Service. You agree not to change
or delete any notices from materials downloaded from the Service.
- Use
of the Service. You understand that,
except for information, products or services clearly identified as being
supplied by TheAwardZone.com, TheAwardZone.com does not operate, control
or endorse any information, products or services on the Internet in any
way. Except for TheAwardZone.com-identified information, products or
services, all information, products and services offered through the
Service or on the Internet generally are offered by third parties that are
not affiliated with TheAwardZone.com. You also understand that The
AwardZone.com cannot and does not guarantee or warrant that the Service
will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Service for the reconstruction of any
lost rp_data. You assume total responsibility and risk for your use of the
service and the Internet. TheAwardZone.com does not make any express or
implied warranties, representations or endorsements whatsoever (including
without limitation warranties of title or non- infringement, or the
implied warranties of merchantability or fitness for a particular purpose)
with regard to the service, any merchandise, information or service
provided through the service or on the Internet generally, and The
AwardZone.com shall not be liable for any cost or damage arising either
directly or indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and usefulness of
all opinions, advice, services, merchandise and other information provided
through the service or on the Internet generally. TheAwardZone.com does
not warrant that the service will be uninterrupted or error-free or that
defects in the service will be corrected. The service and the software are
provided on an "as is, as available" basis.
You understand further
that the Internet contains unedited materials some of which are sexually
explicit or may be offensive to you. You access such materials at your risk. The
AwardZone.com has no control over and accepts no responsibility whatsoever for
such materials. In no event will The
AwardZone.com be liable for (I) any incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of profits, business
interruption, loss of programs or information, and the like) arising out of the
use of or inability to use the service, or any information, or transactions
provided on the service or downloaded from the service, even if The
AwardZone.com or its authorized representatives have been advised of the
possibility of such damages, or (II) any claim attributable to errors,
omissions, or other inaccuracies in the service and/or materials or information
received through the service. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you. In such states, TheAwardZone.com liability is
limited to the greatest extent permitted by law.
- Indemnification.
You agree to indemnify, defend and hold harmless
TheAwardZone.com,
Todd Wenzel,
Inc., theirs officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement or any activity
related to your account (including negligent or wrongful conduct) by you
or any other person accessing the Service using your Service account.
- Third
Party Rights. The provisions of paragraphs 3 (Use of the Service),
and 4 (Indemnification) are for the benefit of TheAwardZone.com and
Todd
Wenzel, Inc., and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly on its own
behalf.
- Term:
Termination. This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3
(Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of this Agreement.
- Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of the State of
Georgia applicable to agreements made and
to be performed in
Georgia
.
You agree that any legal action or proceeding between TheAwardZone.com
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in the state of
Georgia
. Any cause of action
or claim you may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. TheAwardZone.com's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. TheAwardZone.com may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
OPERATING POLICIES
(l)
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You may not
post or transmit any message anonymously or under a false name.
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(ll)
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You may not
post or transmit any message which is libelous, defamatory or which discloses
private or personal matters concerning any person. You may not post or
transmit any message, data, image or program which is indecent, obscene or
pornographic.
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(lll)
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You may not
post or transmit any message, data, image or program that would violate the
property rights of others, including unauthorized copyrighted text, images or
programs, trade secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing fashion.
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(lV)
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You may not
interfere with other users use of the Service.
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(V)
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You may not
post or transmit any file which contains viruses, worms, "Trojan
horses" or any other contaminating or destructive features.
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(Vl)
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The
AwardZone.com reserves the right to take such action as it deems appropriate
in cases where the Service is used for immoral or improper purposes.
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(VII)
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You may not use
the facilities and capabilities of the Service to conduct any activity or
solicit the performance of any illegal activity or other activity which
infringes the rights of others.
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