Your Agreement with DrivingPlates.com LLC
Welcome to the DrivingPlates.com website. The following are the terms and conditions that govern your use of this website. These terms and conditions may be updated by us from time to time without notice to you. In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DRIVINGPLATES.COM LLC PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE WEBSITE OR DOWNLOAD ANY DIGITAL ASSET, FOOTAGE OR IMAGES. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE WEBSITE.
The Website is owned and operated by DrivingPlates.com LLC. All aspects of the Website, including, but not limited to the design and “look and feel” thereof and all of the content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof are owned by DrivingPlates.com and/or its licensors and/or Content providers.
All elements of the DrivingPlates.com Website, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with DrivingPlates.com, no portion or element of any of the DrivingPlates.com Website or such Websites’ Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Website, the Content and all related rights shall remain the exclusive property of DrivingPlates.com and/or its licensors and/or Content providers unless otherwise expressly agreed.
You shall defend, indemnify and hold harmless DrivingPlates.com, its subsidiaries, affiliates, licensors, Content providers and their respective officers, directors, employees, agents, successors and assigns, from any and all loss, damage, liability, cost and expense, including without limitation attorneys’ fees and costs, incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Website, the Content and/or related rights.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you represent and warrant to DrivingPlates.com that you shall not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DRIVINGPLATES.COM LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DRIVINGPLATES.COM LLC MAKES NO WARRANTY THAT (i) THE WEBSITE SHALL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE SHALL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE SHALL BE CORRECTED; AND (vi) THAT THE WEBSITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRIVINGPLATES.COM LLC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK AND THAT NEITHER DRIVINGPLATES.COM LLC NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE OR THE CONTENT THEREON. YOU ACKNOWLEDGE THAT YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE CONTENT IS FOR DRIVINGPLATES.COM LLC TO ELECT TO EITHER REPLACE ANY DEFECTIVE CONTENT OR REFUND THAT PORTION OF THE PURCHASE PRICE RELATED TO THE DEFECTIVE CONTENT. FOR ALL OTHER CLAIMS, YOU ACKNOWLEDGE THAT YOUR EXCUSIVE REMEDY IS TO CEASE USING THE WEBSITE. EXCEPT AS SET FORTH IN THIS PARAGRAPH, IN NO EVENT SHALL DRIVINGPLATES.COM LLC’S LIABILITY EXCEED USD50.
Language of the Terms
Where DrivingPlates.com has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with DrivingPlates.com.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
This Agreement shall be governed by and construed pursuant to the laws of the United States of America . The courts located in the United States of America, shall have exclusive jurisdiction over this Agreement and you agree to submit to the personal and exclusive jurisdiction of such courts. The failure of DrivingPlates.com LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and DrivingPlates.com LLC with respect to the DrivingPlates.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DrivingPlates.com LLC with respect to the DrivingPlates.com Website.
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