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Terms of Service

Thank you for your interest in services provided by SuperMotors. We develop and market online automotive club and enthusiast software services.

This page lists our various company policies as they pertain to the Terms of Service. This agreement was created so users can understand how we do business, what we do with your information, and where yours and our responsibilities lie.

We want your experience to be a positive one. It is our intention, as a business, to provide quality products that our customers can confidently recommend to others. We encourage you to contact us if there's a question we can answer about our services or business. We'd be happy to assist you.

The Terms of Service ("Agreement") is entered into by and between you and Web Design Solutions, Inc., a California Corporation (the "Company"), with principal address at PO Box 161201, San Diego, CA 92176.

WHEREAS, Company is engaged in the business or providing Internet products and services, including car club services; and

WHEREAS, account holder ("users") desires to use free services from Company as specified in this Agreement:

NOW, THEREFORE, the parties agree to the following terms and conditions:

1.) ACCEPTANCE OF TERMS

SuperMotors provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.supermotors.net/legal/tos.php. In addition, when using particular SuperMotors owned or operated services, you and SuperMotors 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 the TOS. SuperMotors may also offer other services that are governed by different Terms of Service.

2.) DESCRIPTION OF SERVICE

SuperMotors currently provides users with access to web-based automotive and enthusiast software services including various communication tools, forums, search services, personalized content and branded advertising through its network of clubs and sites (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SuperMotors to provide the Service. You also understand and agree that the service may include certain communications from SuperMotors, such as service announcements, administrative messages and the SuperMotors Newsletter, and that these communications are considered part of SuperMotors membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SuperMotors services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SuperMotors assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (wuch as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3.) YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide ture, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SuperMotors has reasonable grounds to suspect that suc information is untrue, inaccurate, not current or incomplete, SuperMotors has the right to suspend or terminate your accounta nd refuse any and all current or future use of the Service (or any portion thereof). SuperMotors is concerned about the safety and privacy of all its users, particularly children. Federal law prohibits children under the age of 13 from accessing this website. For this reason, children under the age of 13 are not permitted to register an account on SuperMotors.

4.) SUPERMOTORS PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at https://www.supermotors.net/legal/privacy_policy.php.

5.) MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SuperMotors of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session if using SuperMotors Services from where other persons can access your computer without your knowledge. SuperMotors cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6.) MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SuperMotors, are entirely responsible for all Content that you upload, post, e-mail, transmit, or otherwise make available via the Service. SuperMotors does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, idecent or objectionable. Under no circumstances will SuperMotors be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, e-mail, transmit or otherwise make available any Content that is deemed inappropriate by SuperMotors at its sole discretion, which includes but is not limited to the following: content promoting the use of alcohol, tobacco or illegal substances; sex, pornography or adult-oriented content; violence, expletives or inappropriate language; content promoting illegal activity such as copyright infringement, racism, hate, mail fraud, spam, pyramid schemes, investment opportunities or other advice not permitted under applicable law.
harm minors in any way
impersonate any person or entity, including, but not limited to, a SuperMotors official, forum leader, club administrator, club owner, moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law;
provide material support or resources (or to conceal or disguise thenature, 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;
"stalk" or otherwise harass another; or
collect or store personal data about other users.

You acknowledge that SuperMotors may or may not pre-screen Content, but that SuperMotors and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, SuperMotors and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SuperMotors or submitted by SuperMotors, including without limitation information in SuperMotors message forums, and in all other parts of the Service.

You acknowledge, consent and agree that SuperMotors may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of SuperMotors, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of those materials is subject to usage rules set by SuperMotors and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whoel or in part, is strictly prohibited.

7.) SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8.) CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

SuperMotors does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SuperMotors the following world-wide, royalty-free and non-exclusive license(s), as applicable:

With respect to Content, photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of SuperMotors, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific SuperMotors Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SuperMotors removes such Content from the Service.

"Publicly accessible" areas of the Service are those areas of SuperMotors that are intended by SuperMotors to be available to the general public. By way of example, publicly accessible areas of the Service would include SuperMotors forums, clubs, registry entries, media galleries, and vehicle logs that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of SuperMotors clubs that are limited to members, SuperMotors services intended for private communication such as SuperMotors E-mail or private messages, or areas off of the SuperMotors network such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by SuperMotors.

9.) INDEMNITY

You agree to indemnify and hold SuperMotors, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection ot the Service, your violation of the TOS, or your violation of any rights of another.

10.) NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SuperMotors account and posted content by SuperMotors members), use of the Service, or access to the Service.

11.) GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that SuperMotors may establish general practices and limits concerning use of the Service. You agree that SuperMotors has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that SuperMotors reserves the right to modify these general practices and limits from time to time.

12.) MODIFICATIONS TO SERVICE

SuperMotors reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SuperMotors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13.) TERMINATION

You agree that SuperMotors may, under certain circumstances and without prior notice, immediately terminate your SuperMotors account, any associated e-mail address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your SuperMotors account includes (a) removal of access to all offerings within the Service, (b) deletion of your username and password, (c) retention of all related information, files, and content associated with or inside your account (or any part thereof) to be associated with an "Inactive Account" designation, and (d) barring further use of the Service. Further, you agree that all terminations for cause shall be made in SuperMotors' sole discretin and that SuperMotors shall not be liable to you or any third-party for any termination of your account, any associated e-mail address, or access to the Service.

14.) DEALINGS WITH ADVERTISERS AND SPONSORS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are soley between you and such advertiser. You agree that SuperMotors shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15.) LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SuperMotors has no control over such sites and resources, you acknowledge and agree that SuperMotors is not responsible for the availability of such external sites or eesources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SuperMotors shall not be responsible or liable, directly or indirectly, for any damage or loss cause dor alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16.) SUPERMOTORS' PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SuperMotors or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

17.) DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUPERMOTORS 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.
SUPERMOTORS MAKE SN WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELEY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR WON DISCRETION AND RISK AND THAT 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 SUPERMOTORS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTE RSCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE N HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE � DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

18.) LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUPERMOTORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIIMITED TO, DAMAGES FOR LOSS OF PROFTS, GOODWILL, USE, DATA OR OTHER INTAGIBLE LOSSES (EVEN IF SUPERMOTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR TH EINABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUDE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTETERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19.) EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20.) NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

21.) NOTICE

SuperMotors may provide you with notices, including those regarding changes to the TOS, by either e-mail or postings on the Service.

22.) NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

SuperMotors respects the intellectual property of others, and we ask our users to do the same. SuperMotors may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SuperMotors the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement can be sent to the following:

By mail:
SuperMotors
Attn: Copyright Agent
PO Box 161201
San Diego, CA 92176

By phone:

By support form: https://www.supermotors.net/support

23.) GOVERNING LAW.

These terms and conditions and their performance shall be governed by the laws of the state of California, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in Hennepin county, the state of California, United States of America, in all questions and controversies arising out of your use of this site and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of tehse terms and conditions, including, without limitation, this paragraph.

24.) ADDITIONAL TERMS.

Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

25.) SEVERABILITY.

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

26.) HEADINGS.

The headings in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

27.) ENTIRE AGREEMENT.

This Agreement, together with any terms and conditions incorporated herein or referred to herein constituted the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

28.) FAILURE TO COMPLY WITH TERMS OF SERVICE.

Failure to comply with any rules of the Terms of Service will be enforced with a "3 strike" policy:

Strike 1: User will be notified via e-mail and given a formal warning of violation of the Terms of Service. Any offending content posted by the User will be deleted from SuperMotors without question.
Strike 2: Upon the second violation of the Terms of Service, User account will be suspended for an undetermined number of days. Suspension length will be judged based on time between "strike 1" and "strike 2."
Strike 3: Upon the third violation of the Terms of Service, User account will be permanently suspended and all User-posted content will be removed from SuperMotors. User will not be allowed to re-join SuperMotors again.

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