ACCEPTANCE OF TERMS
All user-supplied information, materials, files, communications, and documents are referred to collectively as "User Content." "TFD Content" means all Materials provided by TFD.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
Use of TFD Content and User Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the TFD Content and User Content available on this Site subject to the following conditions:
The TFD Content and User Content may be used solely for personal, informational, and internal purposes. The TFD Content and User Content may not be modified or altered in any way. The TFD Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others. You may not remove any copyright or other proprietary notices contained in the TFD Content and User Content. TFD reserves the right to revoke the authorization to view, download, and print the TFD Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from TFD. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the TFD Content and User Content available on this Site are subject to any disclaimers contained on the Site and are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of TFD or other third parties. You are not permitted to use the Marks without the prior written consent of TFD or such third party that may own the Marks. TFD and the TFD logo are trademarks of Titan Factory Direct.
LICENSE TO TFD FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant TFD a perpetual, worldwide, royalty-free, non-exclusive license to (i) use, reproduce, display, perform, modify, transmit, and distribute such User Content, (ii) distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site, and (iii) use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other users enjoyment of the Site or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; (iv) not to use or attempt to use another’s account, password, service, or system without authorization from TFD; (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
USE AND PROTECTION OF ACCOUNT NUMBER/USER NAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account number, user name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, user name, and/or password, whether actually or expressly authorized by you, unless access to your account number, user name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TFD MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
The Site is controlled, operated, and administered by TFD from its offices within the United States of America. TFD makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See section on Export Control Laws, below, for further information.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TFD, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TFD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by TFD from its offices within the state of Michigan, United States of America. By accessing this Site, you and TFD agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof. You and TFD also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Oakland County, Michigan and the United States District Court for the Eastern District of Michigan with respect to such matters.
Last Revised 10-1-2014