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