Terms
and Conditions of Use
This
web site, including any subsite accessible through the homepage,
(collectively, the "Site") is published and maintained
by subsidiaries, affiliates and/or related entities of EAGLE WAX™
("EAGLE WAX"). Please note that when you enter any subsite
accessible through the homepage, such subsite may have its own terms
and conditions of use that are specific to such subsite. When you
access, browse or use this Site you accept, without limitation or
qualification, the terms and conditions ("Terms and Conditions")
set forth below and any additional terms and conditions set forth
in any subsite. EAGLE WAX reserves the right to modify, change,
alter or otherwise edit these Terms and Conditions at any time by
updating this posting and such changes will become immediately effective
upon such posting. Your continued use of the Site will bind you
to such revisions and you should therefore periodically visit this
page to review the then current Terms and Conditions. If you do
not agree to these Terms and Conditions, please do not use the Site.
For your information, this page was last updated on January 15,
2003.
USE
OF THE SITE:
This
Site is only for your personal use. You may not distribute, exchange,
modify, sell, or transmit anything you copy from this Site, including
but not limited to any text, images, audio or video, for any business,
commercial or public purpose. As long as you comply with these Terms
and Conditions, EAGLE WAX grants you a non-exclusive, non-transferable,
limited right to enter, display and use the Site. You agree not
to interrupt or attempt to interrupt the operation of this Site
in any manner whatsoever.
OWNERSHIP:
Copyright: All
materials on the Site, including but not limited to images, audio,
text and video clips (the "Content"), are protected by
copyright under U.S. copyright law, international conventions and
other copyright laws. All Content is owned or licensed by EAGLE
WAX. You cannot use the Content, except as specified herein. Any
unauthorized use of the Content may violate, without limitation,
copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes. You may view and download
the Content for your own personal, non-commercial use, provided
that you retain all copyright and other proprietary notices contained
in the Content or on any copies of the Content. You may not change
the Content in any way or reproduce, publicly display, distribute
or otherwise use the Content for any public or commercial purpose.
Any use of the Content on any other web site or networked computer
environment for any purpose is prohibited.
Trademarks:
EAGLE WAX trademarks, logos, and service marks and those trademarks,
logos, and service marks licensed to EAGLE WAX by Jane Labrador
(collectively, the "Trademarks") displayed on the Site
are registered and unregistered marks of EAGLE WAX and Jane Labrador,
as the case may be. Nothing contained on this Site should be construed
as granting, by implication, estoppel, or otherwise, any license
or right to use any Trademark displayed on the Site without the
written permission of EAGLE WAX or such third party that may own
other trademarks displayed on the Site.
Communications
and Submissions:
User Communications:
Other than Personally Identifiable Information, which is defined
and covered in the EAGLE
WAX's Online Privacy Statement, any material, information
or other communication you send or post to this Site will be considered
non-confidential and non-proprietary ("Communication").
EAGLE WAX will have no obligations with respect to the Communications.
EAGLE WAX and its designees have the right to edit, alter, broadcast,
post, publish, copy, disclose, distribute, incorporate and otherwise
use the Communication and images, sounds, text, and other things
embodied therein for any and all commercial purposes throughout
the world in any medium. Furthermore, EAGLE WAX is free to use,
without any compensation to you whatsoever, any concepts, ideas,
know-how or techniques contained in any Communication for any purpose
whatsoever, including but not limited to developing, manufacturing,
and marketing products using such information. However, you agree
that EAGLE WAX has no obligation to use any idea or material contained
in a Communication and you have no right to compel such use. You
are prohibited from posting or otherwise transmitting to or from
this Site unlawful, threatening, libelous, defamatory, obscene,
pornographic, or other material that may violate any law.
Internet transmissions are never completely private or secure. You
understand that any Communication that you send to this Site may
be read or intercepted by others unless there is a special notice
that a particular message (for example, credit card information)
is encrypted. Sending a Communication to EAGLE WAX does not cause
EAGLE WAX to have any special responsibility to you.
User
Submissions:
EAGLE WAX maintains a strict policy of not accepting or considering
any creative ideas, suggestions or materials from the public ("Submissions")
and therefore you should not make any Submissions to EAGLE WAX in
any Communications through this Site or otherwise. EAGLE WAX and
its parent company, subsidiaries and affiliates have been actively
engaged in research and development in diversified scientific and
business areas for many years. In order to protect EAGLE WAX's,
its parent company, affiliates' and subsidiaries' interests in the
ideas and information which have been conceived or developed internally,
and to avoid possible future misunderstandings with you or others,
EAGLE WAX does not solicit Submissions or agree to receive any confidential
information from persons or entities outside the EAGLE WAX group
of companies. We can only accept ideas from the public if the proposed
idea is already covered by a United States patent,
or if not issued as a United States patent, is public information.
Nonetheless, if you do send EAGLE WAX a Submission that has not
been patented or is not public information, it immediately becomes
the property of EAGLE WAX and EAGLE WAX shall exclusively now and
hereafter own all rights, title and interest therein. Furthermore,
EAGLE WAX is free to use, without any compensation to you whatsoever,
any concepts, ideas, know-how or techniques contained in any such
Submission for any purpose whatsoever, including but not limited
to developing, manufacturing, and marketing products using such
information. EAGLE WAX shall not be liable for such use or disclosure
of such Submission or for any similarities in the Submission and
any future EAGLE WAX uses or activities. If you are uncertain as
to the meaning or implication of the terms and conditions concerning
Submissions, consult your attorney.
LINKS:
This Site may contain links to other Internet sites on the World
Wide Web. EAGLE WAX provides such links for your convenience only,
and is not responsible for the content of any site linked to or
from this Site. Links from this Site to any other site do not mean
that EAGLE WAX approves, or endorses or recommends that site. EAGLE
WAX disclaims all warranties, express or implied, as to the accuracy,
legality, reliability or validity of any content on any other site.
Viewing of all other sites is at your own risk.
CONTESTS,
SWEEPSTAKES AND OTHER PROMOTIONS:
This Site may contain contests, sweepstakes or other promotions
("Promotions") that offer prizes or require you to send
in material or information about yourself. Each Promotion has its
own rules, which you must read and agree to before you may enter.
Please also see EAGLE WAX's
Online Privacy Statement for further information concerning
contests administered by EAGLE WAX, its parent, subsidiaries or
affiliates which may include children under the age of 13.
RULES
FOR KIDS (UNDER THE AGE OF 16)
If you are under 16, you must ask your parents or guardian before
you:
• E-mail the Site, or ask us to e-mail anything
to you;
• Send in any information;
• Enter any contest, sweepstakes or game
that requires information about you or offers a prize; or
• Buy anything online.
AVAILABILITY
OF PRODUCTS AND SERVICES:
The products and services displayed on this Site are intended for
sale in the United States or Canada only may not be available for
purchase in your particular country or locality. The reference to
such products and services in the Site does not imply or warrant
that these products or services will be available at any time in
your particular location.
SITE INFORMATION REGARDING EAGLE WAX PRODUCTS AND SERVICES, INCLUDING
THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT
TO CHANGE WITHOUT NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A
REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY EAGLE WAX WITH RESPECT
TO ANY PRODUCT OR SERVICE AND EAGLE WAX HEREBY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE ACCURACY SUITABILITY FOR ANY PURPOSE
OR COMPLETENESS THEREOF.
DISCLAIMER:
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. THIS SITE (INCLUDING
ALL CONTENT AND FUCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS
SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, EAGLE WAX MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR
THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH
THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS
FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE
DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU
ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO EAGLE WAX'S
NEGLIGENCE, WILL EAGLE WAX, OR ANY OTHER PARTY INVOLVED IN CREATING,
HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER
ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF EAGLE
WAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE
NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS
REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. EAGLE WAX ALSO ASSUMES
NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR
ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE
OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT SHALL
EAGLE WAX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
INDEMNIFICATION:
You agree to indemnify, defend and hold EAGLE WAX and all of its
agents, directors, employees, information providers, licensors and
licensees, officers and parent, (collectively "Indemnified
Parties") harmless from and against any and all liability and
costs (including, without limitation attorneys' fees and costs),
incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of these Terms and Conditions of
the foregoing representations, warranties and covenants. You will
cooperate as fully as reasonably required on EAGLE WAX's defense
of any such claim. EAGLE WAX reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you will not in any event
settle any matter without the written consent of EAGLE WAX.
APPLICABLE LAWS:
This Site is administered by EAGLE WAX from its office in Los Angeles,
California, United States America and is intended for use by residents
of the United States of America only. These Terms and Conditions
are governed and interpreted under the laws of the State of California,
United States of America, without giving any effect to principles
of conflicts of law.
GENERAL PROVISIONS:
These Terms and Conditions and those found in the EAGLE WAX Online
Privacy Statement set forth the entire understanding and agreement
between you and EAGLE WAX with respect to the Site. You acknowledge
that any other agreements between you and EAGLE WAX with respect
to the Site are superseded and of no force or effect. If any provision
of these Terms and Conditions shall be unlawful, void or for any
reason unenforceable, then that provision will be deemed severable
from these Terms and Conditions and shall not affect the validity
and enforceability of any remaining provisions.
|