Policies and User Agreements
The use of BUYAUTOTRUCKACCESSORIES.COM website (the "Web Site") over a global communications network utilizing the transmission control protocol / internet protocol (the "Internet") and the sale of products and services offered on this Web Site by BuyAutoTruckAccessories.com (the "Company") are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, terms and conditions of sale appearing on this Web Site under Customer Service (collectively, the "Web Site User Agreement"). The Web Site is currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Web Site. Your use of this Web Site in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read this Web Site User Agreement and that you agree to follow and be bound by them. The Company reserves the right to modify or change the Web Site User Agreement at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Web Site.
The terms and conditions of this Web Site User Agreement are as follows:
You agree to indemnify, defend and hold the Company and its affiliates, licensors, content and service providers, employees, participating publishers, authors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to a violation by you of this Web Site User Agreement or your access and use of the Web Site.
Web Site Access License
The Company grants you a limited license to access and make personal use of this Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Web Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. General purpose internet search engine are prohibited from using data mining, robots, or similar data gathering and extraction tools to probe or scan our servers for the purpose of validating the Web Site directory structure against the construction of the hyperlinks to the Web Site. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web Site so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Use of the Web Site beyond the scope of authorized access granted to you by The Company immediately terminates said permission or license.
Web Site Security
Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation:
1. Accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding," "spamming," "mailbombing" or "crashing."
4. Sending unsolicited email, including promotions and/or advertising of products or services.
5. Forging 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. The Company 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 Web Site or any activity being conducted on this Web 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 Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
The Company actively monitors traffic for fraud. You must not in any way generate or contribute to generating artificial traffic to the Web Site. By using this Web Site, you agree not to take part in fraudulent clicking activity, including but not limited to, repeated clicking on Pay Per Click (Sponsored/Cost Per Click) links generated by a publisher on his own web pages, sponsored links on the search engine & sponsored advertisements within other websites, clicks generated through the use of robots, automated clicking tools, or any other deceptive software. Where repeated traffic to the Web Site is intended to disrupt performance or to consume resources (thus increasing our server fees), or where such traffic is intended to increase advertising fees associated with an outside service (such as a pay-per-click or impression-based billing service), each visitation will be billed at $2,500.00 per incident. Practices such as these are in violation of the Terms and Conditions set forth by third party advertising billing services and by this Web Site User Agreement. All traffic to this Web Site is logged and we will prosecute to the fullest extent of local, state and federal laws.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled, we will issue a credit to your credit card in the amount of the charge.
While the Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. The Company 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, the Company shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, the Company may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We strive to provide you with the lowest prices possible on the Web Site. However, sometimes a price on our web servers does not match the price in our product pricing databases. Prices and availability are subject to change without notice.
By using this Web Site, you are accepting the responsibility for maintaining the confidentiality of your password and account information. You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. You agree the Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You further agree you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. For security purposes, you should keep account access information in a secure location and take precautions to prevent others from gaining access to your user name and password. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. The Company specifically disclaims liability for any activity in your account, whether authorized by you or not.
The Company does sell products for children, but it sells them to adults, who can purchase with a credit card or any other payment method acceptable of the Company. If you are under 18, you may use the Web Site only with involvement of a parent or guardian. The Company reserves the right, at our sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.
Third Party Internet Web Sites
The Company may from time to time provide links and pointers at this Web Site to Internet sites maintained by affiliates of the Company or other third parties ("Third Party Sites") and may from time to time provide third party material on this Web Site. These Third Party Sites and third party materials are provided as a convenience only. The Company has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and the Company is not responsible for any information provided at any Third Party Sites. The Company makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that the Company has provided a link to any Third Party Site on this Web Site does not constitute an endorsement, authorization, sponsorship or affiliation by the Company with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. The Company expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.
Content and Liability Disclaimer
THE INFORMATION AT THIS WEB SITE MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO THE FUNCTIONING OF, OR THE CONTENT AT, THIS WEB SITE AND RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. MOREOVER, THE COMPANY DOES NOT WARRANT THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED AT THIS WEB SITE. ACCORDINGLY, ALL CONTENT AT THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES AT THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, THIS WEB SITE OR ANY OTHER WEB SITE OF THE COMPANY OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by the Company, one of its affiliates or by third parties who have licensed their materials to the Company are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of the Company and is also protected by U.S. and international copyright laws.
We authorize NO retransmission in any form other than upon express written permission from the Company. The law expressly prohibits other usage, which could result in civil or criminal penalties. We intend to prosecute violators to the maximum extent possible.
Laws other than copyright law protect certain parts of the Web Site. Trade dress, trademark, unfair competition, and other laws protect the design and layout of Web Sites maintained by the Company. You may not copy or retransmit any and all text, logos, graphics, images, audio, design, software, and/or other works from Web Sites maintained by the Company unless we expressly permit it. All rights reserved.
Risk of Loss
All items purchased from the Web Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Any ideas or suggestions received from you about how to improve the Web Site or the products or services of the Company or any affiliates of the Company shall be deemed a grant of permission by you for the Company to adopt and use such ideas or suggestions without additional consideration. By communicating with the Company, you automatically grant the Company a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or any information therein alone or as part of other works in any form, media, or technology, whether no known or hereafter developed, and to sublicense such rights to third parties.
License to Company
By posting messages, uploading files, or otherwise providing any material to us for display on the Web Site, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Web Site, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
The Company periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. The Company shall have no liability whatsoever for the resulting unavailability of the Web Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Web Site.
Use of Company Related Resource Directories
The information contained in any company directories that may be provided on the Web Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will the Company or its suppliers be liable in any way with regard to such information.
Pay with PayPal ®
By using The Company's pay with PayPal®, Inc. ("PayPal®") option ("Pay by PayPal®"), You can make purchases using PayPal®. In consideration for the goods, products and/or services purchased by you and provided to you by The Company, you agree to allow PayPal® to debit the full amount of this transaction from your PayPal® account balance or the preferred funding source you established with PayPal®, which is non-refundable.
It is your responsibility to keep your PayPal® account current, and to have available funds in it. You agree that PayPal® and The Company will not be responsible for payments that fail to go through as a result of your funding source no longer existing, or holding insufficient funds. If for any reason PayPal® is unable to withdraw the full amount owed for the product and services provided, you agree that PayPal® and The Company may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your account by PayPal® or charged to your preferred funding source.
By clicking the box labeled "I agree" to the terms of the Pay by PayPal® terms, you authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and you authorize a debit of THE FULL AMOUNT of your order from your PayPal® account or preferred funding source.
We reserve the right to discontinue use of PayPal as a payment option at any time without notice.
What Information Do We Collect?
We collect various types of information depending upon how you use our site.
1. When you order from us, we collect your name, billing address, shipping address, email address, phone number, and credit card number (with expiration date and CVV number). We also gather information on the person who will receive any gift you send (e.g., that person's name and address) and we will retain a record of your purchases. In addition, if you are a registered user and have signed in when you enter this information, it will automatically be saved in your Wallet and/or Address Book for ease of reference.
2. When you become a registered user of the Web Site, we collect your name, mailing address, email address and password. This information is gathered to make your shopping experience as a registered user as quick and easy as possible. We also may ask for additional information (e.g., about your favorite brands and interests) in the section called My Account so that we may offer services and promotions that may be of interest to you. However, you have the option not to provide it.
3. When you enter a sweepstakes or contest online, we usually collect your name, address, email address, and phone number. We also may ask you for additional information, such as your age, interests, product preferences, or zip code.
4. When you submit a question to customer service, we need your email address to respond, and you also may provide us with various additional information to help us answer your question.
5. We also may receive some information about you from other sources and may add it to your account information. For example, we might get your updated address from a shipper or information on your preferences from another Web site conducting a promotion or event with us.
How Do We Use Your Information?
We may use your information in a number of ways, including the following:
2. To enhance your online shopping experience. For example, we may use it to recognize you and welcome you to the Web Site.
3. For marketing and promotional purposes. For example, we send out email and direct mail to our online customers about products or events that we think may be of interest to them. We also may send you offers for discounts or free services (e.g., free shipping) on the Web Site.
Information that is Automatically Collected?
The Web Site also collects and stores information that is generated automatically as you navigate through the Web Site. For example, to enhance your experience on the Web Site, The Company uses a standard feature found in browser software called a "cookie." Please refer to the paragraph below for a more information about cookies and how we use them. Another example of information that the Web Site automatically collects as you navigate the Web Site is information about your computer's connection to the Internet via your IP address. An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log these addresses and analyze them to understand where requests originate so that we can provide the most efficient service, enhance security, ensure appropriate usage and produce traffic volume statistics.
Internet Cookies and How We Use Them
A cookie is a small piece of information sent by a Web site that is saved on your hard disk by your computer's browser. It holds information a site may need to interact with you and personalize your experience. The Company uses two kinds of cookies: session cookies and persistent cookies.
Session cookies exist only for as long as your browser remains open. Once you exit your browser, they go away. We use session cookies to maintain information we need to have in order for you to shop at the Web Site. For example, the Session ID cookie that we ask your browser to hold retains the ID for your shopping cart. Without the Session ID cookie, you can't add merchandise to your shopping cart and carry it to Checkout.
Persistent cookies, in contrast, last from visit to visit; they do not go away when you exit your browser. The Company uses Persistent cookies to give you a more personalized shopping experience and to help you navigate our store more efficiently. For example, a persistent cookie is set when you enter the specifications of your vehicle. Without the Persistent cookie, you will continually have to reenter this data every time you visit a product description page with vehicle specific application information. We will use your information to enhance your site experience. However, you can use our site without accepting a persistent cookie. To do so, you should set your browser options to reject persistent cookies. Alternatively, you can set your browser to notify you when you receive a cookie, which gives you the opportunity to decide whether you want to accept it or not. In many instances, the Help button on your browser toolbar will tell you how you can take these steps.
Cookies can be used by a Web site to recognize you. But that does not necessarily mean any personal information is stored in the cookies. The company will not store personal information about you in the cookies. Anything you choose to tell us about yourself (such as your address and email address) is stored safely and separately on our secured servers, and you need to provide a password to access it.
Is My Information Secure?
The Company is committed to doing its best to maintain the security of information collected on the Web Site. To try to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place the appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Private account and customer information is located on a secured server behind a firewall at our state-of-the-art world class data center with numerous security measures in place to prevent unauthorized access to our secure server. This multi-tier secure server is not directly connected to the Internet.
We maintain physical, electronic and procedural safeguards to protect the confidentiality and security of personally identifiable information transmitted to us using this Web Site. When you enter personal information online, that information is encrypted using a security protocol called SSL (Secure Sockets Layer). SSL encryption is a process by which a message or information is scrambled while it is in transit to the Web Site. It is based on a key that has two different parts, public and private. The public part of the key is distributed to those with whom you want to communicate. The private part is for the recipient's use only. So long as you use a browser that allows for encryption, when you send personal information to us, you use a public key to encrypt your personal information. If your information is intercepted during the transmission, it is scrambled and very difficult to decrypt. Once we receive your encrypted personal information, we use the private part of our key to decode it.
Do We Share Your Information?
There may be situations where the Company needs to share your personal information with third parties, including responsible companies with which we have a relationship. For example:
1. When you make a purchase, the Company may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention and credit card authorization.
2. When you've completed a purchase, the Company may share information about you and your transaction with vendors with which the Company have established direct shipping arrangements.
In most of the above situations, these third parties will receive your information because you will be visiting their Web sites or using their links and, in doing so, you may provide information directly to them. You therefore should refer to their privacy policies to understand how they handle your information and what kinds of choices you have.
What Choices Do You Have Regarding the Use of Your Information?
We provide you with a number of choices regarding our handling of your personal information.
If you do not wish to receive promotional emails from the Company, please submit a request electronically by doing the following:
Submit using our online email form to change your privacy options via email.
1. "Please do not send me email" or
2. "Keep my email address private" or
Or, to opt-out of email, you can click on the unsubscribe link and hit send at the bottom of any the Company email communication.
You may also go to My Account and login to set or change your email or direct marketing preferences.
Note: Once you have submitted your request you should assume that it has been successfully received and your request is being processed. Please allow us 7-10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.
Children's Privacy Statement for Company
The Children's Online Privacy Protection Act, Title 15, United States Code, Chapter 91, Sections 6501-6506 ("COPPA") imposes certain requirements on websites directed toward children under thirteen that collect information on those children, or on websites that know they are collecting information on children under the age of thirteen. This children's privacy statement explains the Company's practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.
We DO NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Web Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen as part of the Web Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Web Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Web Site, we also DO NOT knowingly distribute such information to third parties.
We DO NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Web Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Web Site, we DO NOT condition the participation in the Web Site's online activities of a child under thirteen on providing personally identifiable information.
Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information the Company shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: BuyAutoTruckAccessories.com, Attn: California Privacy Rights Agent, 6113 Guion Road Indianapolis, IN 46254 USA. In your request, please specify that you want a "BuyAutoTruckAccessories.com's California Privacy Rights Notice". Please allow 30 days for a response.
Digital Millennium Copyright Act Notice
Under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), It is the policy of the Company to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions, where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to the Company's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Web Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to the Company's Designated Agent listed below. You may download our Notice of Claimed IPR Infringement (the "Notice") form, complete it, and fax or mail it to BuyAutoTruckAccessories.com. The completed Notice should specifically identify the claimed infringing product listing (i.e., product description, model number, etc.). Click here to download BuyAutoTruckAccessories.com's Notice of Claimed Infringement Form.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to the Company's Designated Agent that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's Designated Agent for notice of claims of copyright infringement can be reached as follows:
Attn: DMCA Designated Agent
6113 Guion Road Indianapolis, IN 46254 USA
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Web Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, the Company shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by the Company, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to the Company's Designated Agent that includes the following:
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If the Company receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that the Company has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Company's system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by the Company, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
The Web Site User Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time, provided that you discontinue any further use of this Web Site. The Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Web Site, if in the Company's sole discretion you fail to comply with any term or provision of this Web Site User Agreement. Upon any termination of the Agreement by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Web Site, as well as all copies of such materials, whether made under the Web Site User Agreement or otherwise. The Company's right to any Comments shall survive any termination of this Agreement.
This Web Site User Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Web Site User Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Web Site User Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Web Site User Agreement shall remain in full force and effect. The failure of the Company to act with respect to a breach of this Web Site User Agreement by you or others does not constitute a waiver and shall not limit the Company's rights with respect to such breach or any subsequent breaches. This Web Site User Agreement shall be governed by and construed under Indiana law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Web Site User Agreement or your use of this Web Site must be brought in the state or federal courts of Indiana and you consent to the exclusive personal jurisdiction of such courts.