PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ACCESSING OR USING THIS WEBSITE, CONSTITUTES ACCEPTANCE OF THESE TERMS and CONDITIONS (“TERMS”), AS SUCH MAY BE REVISED BY COMPANY FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND LEMANS CORPORATION (D/B/A ARCTIVA) GOVERNING THE USE OF THE WEBSITE. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD NOT ACCESS OR USE THIS WEBSITE. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO USER.
ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a binding arbitration agreement and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Introduction
These Terms apply to your access to, and use of, all or part of any website or mobile application of LeMans Corporation or its subsidiaries and affiliated companies (collectively, “Company”), including http://www.arctiva.com and any other site, mobile application or online service where these Terms are posted (collectively, the “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Company for products, services or otherwise.
Minors or people below 18 years old are not allowed to use the Sites.
Intellectual Property Rights
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, all logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the property of Company or its licensors or users and are protected by U.S. and international copyright laws. All PARTS UNLIMITED AND ARCTIVA service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of LeMans Corporation (collectively “LeMans Marks”). Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively “Third Party Marks”). The LeMans Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of LeMans or the applicable trademark holder.
License and Restrictions
Subject to these Terms, LeMans grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms (“User License”). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or Site Materials Is prohibited.
You are specifically restricted from all of the following:
publishing any Site Materials in any other media;
selling, sublicensing and/or otherwise commercializing any Site Materials
publicly performing and/or showing any Site Materials;
using the Site Materials in any way that is or may be damaging to the Sites;
using the Site Materials in any way that impacts user access to the Sites;
using the Site Materials contrary to applicable laws and regulations, or in any way may cause harm to the Sites, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Site Materials;
using the Sites to engage in any advertising or marketing.
Certain areas of the Sites are restricted from being accessed by you. Company may further restrict access by you to any areas of the Sites, at any time, in absolute discretion. Any user ID and password you may have for the Sites are confidential and you must maintain confidentiality as well.
User Content
“User Content” shall mean any audio, video text, images or other material you choose to display on the Sites. Company does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to Company that you grant herein. Company claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant LeMans and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release Company and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
If you believe that materials available on this site infringe your copyright, please let us know. You may file a notice in compliance with the Digital Millennium Copyright Act, 17 U.S.C. §512, by contacting our DMCA designated agent:
Copyright Compliance Department legal@parts-unltd.com LeMans Corporation 3501 Kennedy Road, PO Box 5222 Janesville, WI 53547-5222 608-758-1111
See 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our 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 regarding material posted by you, you may file a counter-notification in compliance with 17 U.S.C. §512(g)(3) with our DMCA Agent listed above. If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We also, in our sole discretion, may limit access to the site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content, Sites, Products and Services (including Advertising and Promotions)
Company may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk.
Modifications to the Sites
Company reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
No warranties
The Sites are provided “as is,” with all faults, and Company expresses no representations or warranties, of any kind related to these Sites or the materials contained on the Sites. Also, nothing contained on these Sites shall be interpreted as advising you.
Limitation of liability
In no event shall Company, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of these Sites whether such liability is under contract. Company, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of these Sites.
Indemnification
You hereby indemnify to the fullest extent Company from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to the User’s use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any User Content, or your conduct in connection with the Sites.
Arbitration / Dispute Resolution
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION, DISPUTES ARISING OUT OF, RELATED TO, OR CONNECTED WITH THESE TERMS, YOUR USE OF THE SITES UPON WHICH THESE TERMS APPEAR AND/OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in the State of Wisconsin, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within the State of Wisconsin for the purpose of litigating such claims or disputes.
This arbitration agreement will survive termination of your relationship with us.
Waiver of Right to Jury; Class Action Waiver.
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Company is permitted to revise these Terms at any time as it sees fit, and by using these Sites you are expected to review these Terms on a regular basis.
Assignment
The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Company and you in relation to your use of these Sites, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Wisconsin, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Wisconsin for the resolution of any disputes.