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Good Wheels,
Inc. Terms of Use
Thank you for
visiting the Good Wheels website (the “Site”).
By continuing use
of the Site or accessing any materials on the Site, you agree to
these Terms of Use (Terms’), as they may be updated or modified
by Good Wheels
at any time in its discretion. If you do not agree to them,
please do not use the Site or download any material from it.
Linking
policy-not a public forum
The Site is
intended for Good Wheels
to provide information relating to
Good Wheels
services, programs, objectives, missions and projects to the
public and its customers. The Site is not a forum for public
communication and debate. All decisions as to the
placement of links to external sites or pages from the Site will
be made by Good Wheels
in its sole discretion.
No guaranteed availability
Good Wheels
reserves the right at any time and from time to time to modify
or discontinue the Site (or any part thereof), temporarily or
permanently, with or without notice. You agree that Good Wheels
will not be liable to for any modification, suspension or
discontinuance of the Site.
Restrictions
on use
All materials
published on the Site, including, but not limited to,
trademarks, service marks, maps, fare information, photographs
and illustrations (collectively, the “Content”), is the property
of Good Wheels
unless otherwise indicated. Third-party trademarks are the
property of their respective owners. You may use the Content
displayed on the Site for personal, non-commercial use only,
provided that you do not remove any trademarks, copyright or any
other notice contained in such content. Any other use,
including reproduction, modification, distribution,
transmission, republication, display or performance, is strictly
prohibited without the express written consent of
Good Wheels.
Copyrights
and trademarks
All Content of
this Site is the property of Good Wheels or its content
suppliers, and is protected by copyright laws.
All images and
text on this Site are copyrighted by Good Wheels, Inc. and are
protected by applicable laws. Anyone wishing to use Good
Wheels graphics such as our logo or banners should contact Good
Wheels to obtain a license or permit.
Good Wheels
diligently protects its intellectual property and will take all
steps to prevent unpermitted use, up to, and including,
litigation.
Cookies
A Cookie, as
defined by
www.dictionary.com,
is:
"A collection of
information, usually including a username and the current date
and time, stored on the local computer of a person using the
World Wide Web, used chiefly by Web sites to identify users who
have previously registered or visited the site."
A Cookie is a
packet of information that allows the server (the computer that
houses the web site) to identify and interact more effectively
with your computer. When you use the Site or one of our
affiliated web sites, we send you a temporary Cookie that gives
you a unique identification number. A different
identification number is sent each time you use our web sites.
Cookies do not identify individual users, although they do
identify a user’s browser type and your Internet Service
Provider (ISP).
Good Wheels
website uses cookies only for analysis of this Site.
No personal information is collected. A Cookie is a
small file that your web browser places on your hard drive when
you visit our Site. When you re-visit our Site, our cookie
does not actually identify you, it just indicates that your
computer has visited our site before. By knowing how and
when guests use our site, cookies assist us in tracking user
trends and patterns to help us improve for future use.
Disclaimer
of warranties and limitation of liability
YOU AGREE THAT THE
SERVICE IS PROVIDED TO YOU AS IS AND AS AVAILABLE WITHOUT ANY
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. GOOD
WHEELS does not warrant that the Site will be available at
any given time, secure, accurate or free of error. You use the
Site at your own risk, and you assume the risk that the Site may
provide incorrect information to you or your workers, as well as
the risk that any material downloaded by you from the Site may
cause loss of data or damage to your computer system.
YOU
UNDERSTAND AND AGREE THAT IN NO EVENT WILL GOOD WHEELS BE LIABLE
FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF GOOD WHEELS IS AWARE
OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED
UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY,
OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE
OF THE SITE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD
APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL
PURPOSE.
Indemnity
You agree to indemnify, defend and hold harmless Good Wheels and
its officers, directors, and employees from and against all
fines, suits, proceedings, claims, causes of action, demands, or
liabilities of any kind or of any nature arising out of or in
connection with your use of the Site.
Severability and waiver
The invalidity of
any term or provision of these Terms will not affect the
validity of any other provision. Waiver by Good Wheels of strict
performances of any provision of these Terms will not be a
waiver of or prejudice Good Wheels’ right to require strict
performance of the same provision in the future or of any other
provision of these Terms.
Entire
agreement
These Terms
constitute the entire agreement between the parties as to their
subject matter, and there are no other terms, conditions or
obligations between the parties relating to the use of the Site,
other than those contained in these Terms. 8/1/08
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