This Meguiar's Terms of Use Agreement (the "Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of you ("you" and/or "user(s)") and Meguiar's, Inc. ("Meguiar's"), concerning your access to and use of the Meguiar's website located at URL: www.meguiars.com ("Website"). The Website allows you to: (a) become a registered user and use certain interactive features that Meguiar's may make available from time to time; or (b) simply view the Website (collectively, the "Meguiar's Services").

In order to become a registered user you must first register with Meguiar's through Meguiar's online registration process. Regardless of how you decide to use the Website and the Meguiar's Services, your conduct on the Website is governed by this Agreement. The Meguiar's Services are hosted in the United States.

1. Eligibility. By using the Meguiar's Services, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of your contact information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Meguiar's may terminate this Agreement and your use of the Website if Meguiar's believes, in its sole discretion, that you are under 13 years of age.

2. User Representations and Warranties.You are entirely responsible for the content of, and any harm resulting from, any materials you post, submit or upload to the Website (collectively, "Contribution"). When you create a Contribution, you thereby represent and warrant that:

(a) you own the Contribution submitted or uploaded by means of the Meguiar's Services;

(b) the posting of your Contribution by means of the Meguiar's Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;

(c) you have fully complied with any third-party licenses relating to your Contribution, agree to pay for all royalties, fees and any other monies owing any person by reason of any Contribution posted by you to or through the Meguiar's Services;

(d) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

(e) your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

(f) your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

(g) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;

(h) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Meguiar's or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

(i) your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

(j) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation;

(k) your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Meguiar's in its sole discretion;

(l) your Contribution does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual; and

(m) your Contribution does not contain content that discriminates, incites harassment or advocates harassment of any group or individual.

3. Prohibited Activities.You may not access or use the Website for any other purpose other than that for which Meguiar's makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions and Website use, as determined by Meguiar's in Meguiar's sole discretion. Prohibited activity includes, but is not limited to:

(a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

(b) using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

(c) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

(d) attempting to impersonate another user, person or entity;

(e) using a false email address;

(f) using any information obtained from the Website in order to harass, abuse, or harm another person;

(g) using the Website in a manner inconsistent with any and all applicable laws and regulations;

(h) providing material support or resources (or concealing or disguising the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

(i) advertising to, or solicitation of, any user to buy or sell any products or services;

(j) transmitting chain letters or junk email to other users; and

(k) providing material support or resources (or concealing or disguising the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

4. Intellectual Property Rights.The content on the Website, except for all Contributions, including without limitation, the text, software, scripts, graphics, photos, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Meguiar's, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Meguiar's reserves all rights not expressly granted in and to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Meguiar's, including any use, copying, or distribution of third parties' materials obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.

5. Passwords.When you create an account with the Website, you will be asked to supply a password. You must keep your password confidential, and you are responsible for all use of your password and account.

6. Grant of License to Meguiar's.You will retain ownership of the Contributions that you post, contribute and upload to the Website. By making a Contribution to the Website, you hereby grant to Meguiar's a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell and distribute such Contribution through the Website, in all media now known or hereafter created and in any other manner in Meguiar's sole discretion subject to the condition that Meguiar's will provide you with worldwide attribution.

7. Meguiar's Right to Manage the Website and Terminate Users.

7.1 Meguiar's Website Management. Meguiar's reserves the right but does not have the obligation to: (a) monitor the Website for violations of this Agreement; (b) refuse, restrict access to or the availability of any user's Contribution or any portion thereof that may violate this Agreement or any Meguiar's policy; (c) remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Meguiar's systems; (d) take appropriate legal action against anyone who, in Meguiar's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; and (e) otherwise manage the Website in a manner designed to protect the rights and property of Meguiar's and others and to facilitate the proper functioning of the Website.

7.2 Meguiar's Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, MEGUIAR'S RESERVES THE RIGHT TO, IN MEGUIAR'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

7.3 Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Website and that you give to other Website users. You are discouraged from posting the following information on the Website: telephone numbers, street addresses, last names and any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable matter. Despite this prohibition, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Website. We expect that you will use caution and common sense when using the Website.

7.4 Website Errors. The Website may contain inaccuracies or typographical errors. Meguiar's makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or any content thereon. The use of the Website is at your own risk. Changes are periodically made to the Website and may be made at any time.

7.5 No Guarantee. Meguiar's cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by you from Meguiar's or the Website shall create any warranty not expressly stated herein.

8. Term.This Agreement shall remain in full force and effect while you use the Meguiar's Services. You may terminate your use or participation at any time by ceasing to use the Meguiar's Services. Meguiar's may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, certain provisions of this Agreement will remain in effect, including: Section 1 ("Eligibility"); Section 2 ("User Representations and Warranties"); Section 3 ("Prohibited Activities"); Section 4 ("Intellectual Property Rights"); Section 6 ("Grant of License to Meguiar's"); Section 7 ("Meguiar's Right to Manage the Website and Terminate Users"); Section 8 ("Term"); Section 9 ("Modifications"); Section 10 ("Third Party Websites"); Section 11 ("Choice of Law, Forum and Injunction"); Section 12 ("Disclaimers"); Section 13 ("Limitation on Liability"); Section 14 ("Indemnity"); Section 15 ("Non-commercial Use by Users"); and Section 16 ("Miscellaneous").

9. Modifications.Meguiar's may modify this Agreement from time to time. Meguiar's will alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Any and all changes to this Agreement will also be reflected on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.

10. Third Party Websites.The Website may contain links to third party websites ("Third Party Website"). Meguiar's does not own or operate the Third Party Websites, and Meguiar's has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Websites. The availability of these links on the Website does not represent, warrant or imply that Meguiar's endorses any Third Party Websites or any materials, opinions, goods or services available thereby. Third-Party materials accessed through or used by means of the Third Party Websites may also be protected by copyright and other intellectual property laws.

THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY WEBSITES. BEFORE VISITING A THIRD PARTY WEBSITE BY MEANS OF THE WEBSITE OR A LINK LOCATED ON THE WEBSITE, USERS SHOULD REVIEW THE THIRD PARTY WEBSITE'S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER WEBSITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF SUCH THIRD PARTY WEBSITES.

11. Choice of Law, Forum and Injunction.You and Meguiar's agree to submit to the exclusive jurisdiction of the appropriate state or federal court where subject matter jurisdiction and venue is proper in Orange County, California. You and Meguiar's agree that any disputes shall be resolved under the substantive law of the state of California (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply. Meguiar's will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.

12. Disclaimers.YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, CONTRIBUTIONS AND WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEGUIAR'S DOES NOT REPRESENT THAT IT ENDORSES ANY CONTENT, WEBSITES OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, MEGUIAR'S, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MEGUIAR'S SERVICES, THE WEBSITE AND YOUR USE THEREOF.

MEGUIAR'S MAKES NO WARRANTY THAT (A) THE SERVICE PROVIDED BY OR THROUGH THIS WEBSITE OR ITS SERVICE PROVIDERS OR LINKED WEBSITES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE PROVIDED BY OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (E) ANY ERRORS IN THE SOFTWARE RELATING TO THIS WEBSITE WILL BE CORRECTED, OR (F) THAT THIS WEBSITE OR ANY SERVICES PROVIDED BY OR THROUGH IT WILL BE FREE FROM VIRUSES, HARMFUL SOFTWARE OR OTHER DEFECTS.

ANY MATERIAL OBTAINED THROUGH THE USE OF THIS WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEGUIAR'S OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

MEGUIAR'S DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEGUIAR'S WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS OR PORTIONS OF THEM MAY NOT APPLY TO YOU. YOUR LEGAL RIGHTS MAY VARY FROM STATE TO STATE.

13. Limitation on Liability.IN NO EVENT SHALL MEGUIAR'S BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR THE MEGUIAR'S SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MEGUIAR'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100.

14. Indemnity.You agree to indemnify and hold Meguiar's, its subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website and/or Meguiar's Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

15. Non-commercial Use by Users.The Meguiar's Services are for the personal use of users only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Meguiar's. You shall not do the following without the express written consent of Meguiar's: (a) make any unauthorized use of the Meguiar's Services; and (b) engage in unauthorized framing of or linking to the Website.

16. Miscellaneous.

16.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Meguiar's regarding the use of the Website.

16.2 Non-Waiver.The failure of Meguiar's to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

16.3 Section Titles.The section titles in this Agreement are for convenience only and have no legal or contractual effect.

16.4 Assignment.This contract is personal to you. You may not assign your rights under this Agreement to any third party. Meguiar's may assign its rights under this Agreement without condition.

16.5 Severability.This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

16.6 Third Party Beneficiaries.This Agreement will be binding upon and will inure to the benefit of the parties' permitted successors and/or assignees.

This Agreement is effective as of and was last updated on November 24, 2008

 

 

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