Effective Date: March 1, 2014
Updates to Terms.
Tail Lights™ reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. We will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site or Services. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to such changes, you must discontinue using the Site and Service.
License to Visit the Site.
Tail Lights™ grants you a non-exclusive, non-transferable, limited and royalty free license to access and use the Site and view the content thereon solely for the purposes described in these Terms. Tail Lights™ reserves the right to terminate the aforesaid license at any time and for any reason with or without notice to you. Except for allowing you to use the Site and Services for your use as set forth in this paragraph, when you use the Site or Service, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Tail Lights™. You understand that you have no rights to the Service, the Tail Lights™ Marks or any other Tail Lights™ property except as we indicate in these Terms.
Communications from Tail Lights.
Limitations on Use of Site and Service.
You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, in any way other than as described in these Terms without Tail Lights’s™ prior written consent, or (ii) use the Service in whole or part, or any benefit thereof, for any illegal purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Service, or otherwise exceed the limited access granted to you by Tail Lights™. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
Third Party Sites.
The Tail Lights™ Service gives you access to certain services as described on the Site, including, without limitation, access to and information about third parties and networks and their respective sites (collectively, “Third Party Sites”). Any purchases you make or discounts you obtain will be through the Third Party Sites. Tail Lights™ shall have no responsibility for your actions on the Third Party Sites and you are advised to read such sites’ terms and conditions and policies, including policies regarding sales, returns, warranties, and privacy before using such sites. In addition, Tail Lights™ shall not be responsible for any inaccuracies, misrepresentations, product or service liability or products or services available (or not available) on the Third Party Sites. Further, Tail Lights™ shall have no responsibility or liability for any offensive, infringing, libelous or illegal materials on the Third Party Sites. Although Tail Lights™ makes the Third Party Sites accessible through this Site, we do not review or monitor offers on them, and thereby do not sponsor, endorse, or recommend these sites and make no representations or warranties of any kind with regard to the accuracy, timeliness or suitability of the Third Party Sites or policies.
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Tail Lights™ or its licensors (“Tail Lights Marks”) and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Tail Lights™ owns a copyright in the selection, coordination, arrangement and enhancement of the Tail Lights™ Marks and such other content on the Site and a copyright in the Site. Tail Lights™ and its logos are trademarks of Tail Lights™ and are protected by state and federal laws. All other trademarks appearing on this Site (“Third Party Marks”) are trademarks of their respective owners. Users are prohibited from using any Tail Lights Marks and Third Party Marks without the written permission of Tail Lights™ or such third party. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Tail Lights™ Marks, in whole or in part, without Tail Lights’s™ prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
You may be able to access other websites or resources through links on the Site. Because Tail Lights™ has no control over such sites and resources, you acknowledge and agree Tail Lights™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Tail Lights™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Tail Lights™, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Service and in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the Site or Services. To the extent permitted under applicable laws, you hereby release Tail Lights™ from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchants failure to comply with applicable law and/or failure to abide by the Services Terms and any conduct or speech, whether online or offline, of any other user. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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."
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY SITE INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICE), ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT TAIL LIGHTS MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT TAIL LIGHTS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TAIL LIGHTS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY SITE INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAIL LIGHTS, ITS PARENT, SUBSIDIARIES, OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICE, EVEN IF TAIL LIGHTS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TAIL LIGHTS’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TAIL LIGHTS’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
We can suspend or terminate your access to the Site or use of the Service, in whole or in part, at any time, immediately and without notice if, at Tail Lights’s sole discretion, you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this Site and the Service and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive.
Access to Services.
You understand and agree that your registration in Tail Lights™ is subject to and conditioned upon the following: Your continued adherence to and compliance with these Terms and any future modifications thereto. Your violation of these Terms, or any other agreement between you and Tail Lights ™ constitute grounds for immediate termination of your registration without further notice at our sole discretion. We may also terminate your registration at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Tail Lights™ community. Termination of your registration will result in cancellation of all rights of access and use of Services granted to Subscribers and cancelled Subscribers may be denied access to Services or re-enrollment as Subscribers. Tail Lights™ reserves the right to change, discontinue or suspend Tail Lights™ or any of the Service at any time for any reason. You may terminate your registration or use of the Service at any time by deleting your account information or sending a request to us, using the “Contact Us” button on any page of the Site. Tail Lights™ shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision Tail Lights™ makes relating to termination or suspension of any Subscriber’s account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Site or Service with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Proprietary Rights, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access To Service, Termination, Privacy, Governing Law/Disputes and Miscellaneous shall survive any such termination.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
These Terms and policies incorporated herein, are the entire agreement between you and Tail Lights™. They supersede any and all prior or contemporaneous agreements between you and Tail Lights™ relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of Tail Lights™ to partially or fully exercise any rights or the waiver by us of any breach of these Terms by you, shall not prevent a subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Copyright © 2014, Tail Lights, Inc. All rights reserved.