R+S Website Terms of Service
1. Basic Terms
You are responsible for your use of the Website and for any consequences thereof. You may use the Website only if you can form a binding contract with us and are not a person barred from accessing the Website under the laws of the United States or other applicable jurisdiction. You may only use the Website if you are over 18 years of age. Anyone under 18 years of age may not use or access the Website for any reason. Please contact us if you are aware that a person under 18 is using the Website. You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Website is always evolving and the form and nature of the Website may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Website may include advertisements, which may be targeted to information on the Website, queries made through the Website, or other information. The types and extent of advertising on the Website is subject to change. In consideration for granting you access to and use of the Website, you agree that we, third party providers and partners may place such advertising on the Website.
2. Privacy
Any information that you provide to R+S Entities are subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website, which you may not be able to opt-out from receiving.
3. R+S Rights
All right, title, and interest in and to the Website will remain the exclusive property of R+S Automotive USA and/or R+S and its licensors. The Website is protected by copyright, trademark, and other laws of Germany, the United States and other countries foreign countries. Written permission from the author or creator concerned is required to copy, process, distribute or profit from the content outside the limits of copyright law. Downloads and copies of these pages are only permitted for private, non-commercial purposes, unless the downloads provided by us under “Downloads”. These downloads are permitted for commercial purposes, but are subject to clause 6. of this Terms. Content on these pages not created by the operator is subject to the copyright of the third party concerned. Third party content is identified as such. If you nonetheless become aware of a breach of copyright we ask that you inform us. If we become aware of any breach of copyright we will immediately remove the content concerned.
We reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding R+S Entities, or the Website is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
4. Restrictions on Use Of The Website
We reserve the right to access, read, preserve, and disclose any information you provide on the Website as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety us, our users and the public. We do not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us (NOTE: scraping the Website without the prior consent of us is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website.
You may not use the contact information available on the Website to send unsolicited advertisements or information. Please be advised that we will take all appropriate legal action to prevent the receipt of unsolicited advertising material.
5. Ending These Terms
The Terms will continue to apply until terminated by either you or us as follows.
You may terminate this legal agreement with us at any time for any reason by discontinuing your use of the Website.
We may suspend or terminate your access to all or part of the Website at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Website to you is no longer commercially viable.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Website, except those sections you would expect to survive termination.
Nothing in this section shall affect our rights to change, limit or stop the provision of the Website without prior notice, as provided above in section 1.
6. Disclaimers, Limitations Of Liability and Indemnity
A. The Website is Available “AS-IS”
Your access to and use of the Website or any information you access or view on or through the Website is at your own risk. You understand and agree that the Website and any information thereon is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, R+S ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
R+S Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website or any information you access or view on or through the Website; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website; (iii) the deletion of, or the failure to store or to transmit, any communications maintained by the Website; and (iv) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from R+S Entities or through the Website, will create any warranty not expressly made herein.
B. Links
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Website on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the R+S Entities of such websites or resources or the content, products, or Website available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE R+S ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT, ADVICE OR INFORMATION OBTAINED FROM THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE R+S ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE WEBSITE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE R+S ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the R+S Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms and (2) any activity in which you engage on or through the Website.
7. GENERAL TERMS. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
The services, products and information appearing on this Website are intended for the NAFTA countries, in particular the USA. These Terms and any action related thereto will be governed by the laws of Michigan without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the Kent County (Grand Rapids), Michigan, USA, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
B. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between us regarding the Website (excluding any services for which you have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between us regarding the Website.
We may revise these Terms from time to time, the most current version will always be at the Website. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Website. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth above. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us: info[at]rsautomotive.us.
Effective: 12 July 2017.