TERMS OF USE

 

This Web site is operated by Wheel Mart New York, Inc..  Access and use of this Web site is provided to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide these Terms of Use you should not access or use this Web site.

These Terms of Use may be updated or revised at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Web or any system resources, services, or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

 

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of Wheel Mart New York, Inc., or their licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit Materials in any way. Unless you have entered into a separate agreement with Wheel Mart New York, Inc., as the case may be, any other use of these Materials without written permission of the owner of same is prohibited.

 

Currency of Web site

The information on this Web site may be updated periodically. However, Wheel Mart New York, Inc. does not does guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. The information, services and/or the resources contained in this Web site maybe updated, revised or deleted at any time and without prior notification to past, current or prospective visitors.

 

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Wheel Mart New York, Inc. monitor or these Web sites. Wheel Mart New York, Inc. does not accept any responsibility for such Web sites and Wheel Mart New York, Inc. shall not responsible or liable, directly or indirectly, for any damage or loss, or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources. Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

Wheel Mart New York, Inc. shall not responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. It is recommended that you install appropriate anti-virus or other protective software.

 

Web Site and Materials Provided “As Is”

THIS WEB SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WHEEL MART NEW YORK, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

 

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED.

IN NO EVENT SHALL WHEEL MART NEW YORK, INC. OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCEUPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WHEEL MART NEW YORK, INC.  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, WHEEL MART NEW YORK, INC. TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify and hold Wheel Mart New York, Inc. harmless against all claims or liability asserted against Wheel Mart New York, Inc. arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

 

Email

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Wheel Mart New York, Inc. shall not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you through this Web site or via e-mail that:

    Wheel Mart New York, Inc. has no concerning such information; information is non-confidential; Wheel Mart New York, Inc. may use, disclose, distribute or copy the information and may use any ideas, or know-how contained in the information for any purpose; and the information is truthful and disclosure of the information does not violate the legal rights of others. Applicable law Web site is operated and administered from within the State of Washington, United States. This Web site can be accessed from all states and territories of United States well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of theState of Washington, by accessing this Web site, you acknowledge and agree that all matters relating to access to or use of this Web site shall be governed by the laws of the State of Washington and the federal laws ofUnited States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder be submitted to the exclusive jurisdiction and venue of the courts of the State of Washington and acknowledge that you do so voluntarily.

 

General

Wheel Mart New York, Inc. failure to upon or enforce strict performance of any provision of these Terms Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.