TERMS & CONDITIONS
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Equipment Tool & Supplies, Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Equipment Tool & Supplies, Inc. on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
II. Memberships & Orders
Equipment Tool & Supplies, Inc. confirm that the information and/or pricing as typographical errors may occur. Equipment Tool & Supplies, Inc. cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Equipment Tool & Supplies, Inc. shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Equipment Tool & Supplies, Inc. may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
III. Warranty Disclaimer
THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRUPOSE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. MCLEOD DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL INACCURACIES. MCLEOD PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS, OR THAT THE SITE=S SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE MCLEODRACING.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IV. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL EQUIPMENT TOOL & SUPPLIES, INC. OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MCLEOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL MCLEOD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE WHICH THE CLAIM AROSE.
V. Third Party Links
The links from the Equipment Tool & Supplies, Inc. website to the World Wide Web provide access to information from a variety of sources. The presence of these links is not an endorsement of any product or information available from other sources. Equipment Tool & Supplies, Inc. disclaims any and all responsibility for the information which is accessible through this web site, and assumes no liability associated therewith. We make no warranty, guarantee, or representation, express or implied, with respect to the accuracy, effectiveness, or usefulness of any information, methods, or materials that are available, or described herein. Equipment Tool & Supplies, Inc. does not assume any liability for the use of any information, methods, or materials found herein or for damages arising from such use, nor assume any responsibility for any injury to individuals or property, or for any financial loss, sustained as a result of the use or application of the information, methods, or materials that are available, or described, in our links to other sites. Equipment Tool & Supplies, Inc. has no control over the resources that can be accessed from our website.
VI. User Input
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on this Site, shall be deemed to be non-confidential and Equipment Tool & Supplies, Inc. shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.
Registered users may post reviews, comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information. Users are not permitted to post content that is illegal, false, misleading, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, violates any local, state, or Federal law, or any form of user initiated submission as set forth in Section 1 above. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or submit material, and unless we indicate otherwise, you grant Equipment Tool & Supplies, Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Equipment Tool & Supplies, Inc. and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and defend Equipment Tool & Supplies, Inc. for all claims resulting from content you supply; the duty to defend is distinct from the indemnity obligation. Equipment Tool & Supplies, Inc. has the right, but not the obligation, to monitor and edit or remove any activity or content. Equipment Tool & Supplies, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
VII. Trademarks and Copyrights
All trademarks relating to the Site, including but not limited to "Equipped Pneumatic ", “Equipment Tool & Supplies, Inc.” or etsmotorsports.com” is the sole property Equipment Tool & Supplies, Inc. In addition, other names, logos, characters and images on the Site are the trademarks of Equipment Tool & Supplies, Inc., or their respective owners. You agree not to use any trademark located on the Site for any purpose without the prior written consent of or the appropriate trademark owner. All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of Equipment Tool & Supplies, Inc.
You agree to defend, indemnify, and hold harmless Equipment Tool & Supplies, Inc. and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You acknowledge that the duty to defend is distinct from the indemnity obligation.
X. Jurisdictional Issues
This agreement shall be governed by, construed and enforced according to the laws of the state of California. You expressly consent to the venue and jurisdiction of state courts located within Oglethorpe County, GA
XI. Severability, Integration and Amendment
If any provision of the Terms and Conditions shall be held to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and Equipment Tool & Supplies, Inc, its affiliates or related entities. The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein. These Terms and Conditions may not be amended, waived, modified. Equipment Tool & Supplies, Inc. may terminate this agreement at any time without notice, and deny access to Site by any subsequent action unless set forth in a revised Terms and Conditions posted on this Site by Equipment Tool & Supplies, Inc.