This website and any mobile application (collectively, this
"Site") is owned by Super in cars ("We", "Us" or
"Super in cars").
We are providing you with access to this Site and our online store
(together, our "Services") subject to the following terms and
conditions. By browsing, accessing, using, registering for or purchasing
merchandise on this Site or otherwise using our Services, you are agreeing to
all of the following terms and conditions, including any policies referred to
herein (collectively, these "Terms").
So, please read these Terms carefully. We reserve the right to change this
Site and these Terms at any time. If you are unwilling to be bound by these
Terms, you should not browse, access, use, register for or purchase merchandise
from the Site. You represent and warrant that you are at least 18 years old or
visiting this Site under the supervision of a parent or guardian.
Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found
at Privacy Policy. Please review our Privacy
Policy for information on how We collect, use and share information about our
users.
Use of This Site
Subject to your compliance with these Terms, We grant you a limited,
non-exclusive, non-transferable, non-sublicensable license to access and make
personal, non-commercial use of this Site.
This license grant does not include: (a) any resale or commercial use of
this Site or content therein; (b) the collection and use of any product
listings or descriptions; (c) making derivative uses of this Site and its
contents; or (d) use of any data mining, robots, or similar data gathering and
extraction methods on this Site.
You may not use, frame or utilize framing techniques to enclose any of Our
trademark, logo, content or other proprietary information (including the images
found at this Site, the content of any text or the layout/design of any page or
form contained on a page) without Our express written consent. Further, you may
not use any meta tags or any other "hidden text" utilizing Our name,
trademark, or product name without Our express written consent.
Any breach of these Terms shall result in the immediate revocation of the
license granted in this paragraph without notice to you. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the
homepage of this Site so long as the link does not portray Us or Our products
or services in a false, misleading, derogatory, or otherwise offensive matter.
This limited right may be revoked at any time. You may not use any of Our
logos or other proprietary graphics or trademarks as part of the link without
express written permission.
Account
In order to access some features of this Site, you may be required to
register and We may assign to you, or you may be required to select, a password
and user name or account identification.
If you register, you agree to provide Us with accurate and complete
registration information, and to inform us immediately of any updates or other
changes to such information. You are solely responsible for protecting the
security and confidentiality of the password and identification assigned to
you. You shall immediately notify Us of any unauthorized use of your password
or identification or any other breach or threatened breach of this Site's
security.
Each time you use a password or identification, you will be deemed to be
authorized to access and use the Site in a manner consistent with these Terms,
and We have no obligation to investigate the authorization or source of any
such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS
TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION
ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND
USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION,
ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT
LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When you use this Site, or send emails to Us, you are communicating with Us
electronically. You consent to receive communications from Us electronically.
We will communicate with you by e-mail or by posting notices on this Site or
through our other services. You agree that all agreements, notices, disclosures
and other communication that We provide to you electronically satisfy any legal
requirements that such communications be in writing.
User Content
This Site may include features and functionality ("Interactive
Features") that allows users to create, post, transmit or store any
content, such as text, music, sound, photos, video, graphics or code on the
Sites ("User Content"). User Content is publicly-viewable and may
include your profile information and any content you post pursuant to your
profile, but it does not include your account information or information you
submit in order to make a purchase.
You agree that you are solely responsible for your User Content and for
your use of Interactive Features, and that your use any Interactive Features at
your own risk. By using any Interactive Areas, you agree not to post, upload
to, transmit, distribute, store, create or otherwise publish or send through
the Sites any of the following:
- User
Content that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory,
fraudulent or otherwise objectionable;
- User
Content that would constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party or that would otherwise
create liability or violate any local, state, national or international
law;
- User
Content that displays, describes or encourages usage of any product We
sell in a manner that could be offensive, inappropriate or harmful to Us
or any user or consumer;
- User
Content that may impinge upon or violate the publicity, privacy or data
protection rights of others, including pictures, videos, images or
information about another individual where you have not obtained such
individual's consent;
- User
Content that makes false or misleading statements, claims or depictions
about a person, company, product or service;
- User
Content that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party;
- User
Content that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity; and
- Viruses,
malware of any kind, corrupted data or other harmful, disruptive or
destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate
agreement with Us, We claim no ownership or control over any User Content.
However, by submitting or posting User Content on this Site, you grant to Us a
nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable,
and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display such
User Content on this Site and on third-party sites and mobile applications and
in all other media or formats, whether currently known or hereafter developed, for
any purpose and without any compensation to you.
You also grant users of this Site the right to access your User Content in
connection with their use of this Site. By posting User Content to this Site,
you represent and warrant that (a) such User Content is non-confidential; (b)
you own and control all of the rights, title and interest in and to the User
Content or you otherwise have all necessary rights to post and use such User
Content to this Site and to grant to Us the rights that you grant in these
Terms; (c) the User Content is accurate and not misleading or harmful in any
manner; and (d) the User Content, and your use and posting thereof in
connection with this Site, do not and will not violate these Terms or any other
of Our applicable terms, guidelines or policies or any applicable law, rule or
regulation.
Feedback
Separate and apart from User Content, you may have the ability to submit
questions, comments suggestions, reviews, ideas, plans, designs, notes,
proposals, drawings, original or creative materials and other information
regarding this Site, Us and our products or services (collectively
"Feedback").
You agree that Feedback is non-confidential and shall become Our sole
property. We shall own exclusive rights, including all intellectual property
rights, in and to such Feedback and shall be entitled to the unrestricted use
and dissemination of the Feedback for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or
entity using your password and identification to):
- download,
modify, reproduce, adapt, translate, reverse engineer, create derivative
works based upon, publicly display, sell, rent, license, or in any way
commercially exploit any portion of this Site, except and to the extent
expressly permitted under these Terms;
- remove
any copyright, trademark or other proprietary rights notice contained in
or on the Site;
- use any
robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of this Site;
- collect
any information about other users (including usernames and/or email
addresses) for any purpose other than to solicit and/or share reviews with
other users;
- reformat
or frame any portion of any Web pages that are part of this Site;
- create
user accounts by automated means or under false or fraudulent pretenses;
- create
or transmit to other users unsolicited electronic communications, such as
"spam," or otherwise interfere with other users' enjoyment of
the Site;
- submit
to this Site any content that falsely states or implies that such content
is sponsored or endorsed by us;
- transmit
or upload to this Site any item containing or embodying any virus, worm,
defect, malware, Trojan horse, software bomb or other feature designed to
damage or degrade in any manner the performance of this Site, any other
Web site, or any computer or other device or system, or the enjoyment of
this Site by any user;
- use
this Site to violate the security of or gain unauthorized access to any
computer or computer network or other device or system (including
unauthorized attempts to discover passwords or security encryption codes);
- submit
to this Site any content that is unlawful or facilitates, constitutes,
promotes or encourages illegal activity; or otherwise use the Site to
transfer or store illegal material, including any material deemed
threatening or obscene;
- copy or
store any User Content offered on this Site other than for your personal,
non-commercial use;
- take
any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large data or traffic load on this Site
or the IT infrastructure used to operate and make this Site available; or
- use
this Site and/ or any User Content, intentionally or unintentionally, to
violate any applicable local, state, federal or international law.
We have no obligation to monitor any user conduct on this Site, and We
reserve the right and have absolute discretion to monitor any user conduct on
this Site at any time and for any reason without notice.
Ownership
As between you and Us, this Site, including all photographs, images, text,
graphics, icons, audio clips, software, source code and other aspects thereof (excluding
User Content), all improvements or modifications thereof, all derivative works
based thereon, and the collection, arrangement, and assembly of this Site
(collectively, the "Site Content"), including all copyrights,
trademarks, and other intellectual property or proprietary rights in the
foregoing, are owned by Us or our licensors and protected by applicable
copyright laws. The use of any of Our trademarks or service marks without our
express written consent is strictly prohibited.
You may not use our trademarks or service marks in connection with any
product or service in any way that is likely to cause confusion.
You may not use our trademarks or service marks in any manner that
disparages or discredits us. You may not use any of our trademarks or service
marks in meta tags without prior explicit consent. Nothing in these Terms shall
be deemed to grant to you or any other user any license or right in or to any
of Our patents, copyrights, trademarks, trade secrets or other proprietary
rights.
Purchases on this Site
You agree that
all of your transactions with or through this Site may, at Our option, be
conducted electronically from start to finish. If We decide to proceed
non-electronically, those transactions will still be governed by the remainder
of these Terms unless you enter into different terms provided by us.
You are
responsible to print or make an electronic a copy of these Terms and any other
contract or disclosure that we are required to provide to you. The risk of loss
and title for items purchased by you on this Site pass to you upon our delivery
of the items to the carrier pursuant to a shipment contract.
We charge sales
tax for merchandise ordered on this Site based on the applicable state sales
tax rate of the location to which the order is being shipped.
When We ship to
you or per your directions to another person, you agree to pay the shipping and
any handling charges shown on this Site when your order is placed. We reserve
the right to increase, decrease and add or eliminate charges from time to time
and without prior notice, so you agree to check all charges before placing an
order or signing up for a service.
Any shipping or
handling charges may or may not reflect actual costs. Only valid credit cards
or other payment method acceptable to us may be used.
By submitting
your order, you represent and warrant that you are authorized to use the
designated card or method and authorize us to charge your order (including
taxes, shipping, handling and any other amounts described on the Sites) to that
card or other method. If the card (or other method) cannot be verified, is
invalid, or is not otherwise acceptable, your order may be suspended or
cancelled automatically.
We attempt to be
as accurate as possible and eliminate errors on this Site; however, We do not
warrant that any product, service, description, photograph, pricing or other
information is accurate, complete, reliable, current or error-free.
In the event of
an error, whether on this Site, in an order confirmation, in processing an
order, delivering a product or service or otherwise, We reserve the right to
correct such error and revise your order accordingly if necessary (including
charging the correct price) or to cancel the order and refund any amount
charged.
Your sole remedy
in the event of such error is to cancel your order and obtain a refund. All
items are subject to availability and We reserve the right to impose quantity
limits on any order, to reject all or part of an order and to discontinue
products or services without notice, even if you have already placed your
order.
All prices are
subject to change without notice. We reserve the right to refuse or cancel any
orders placed for products and/or services which the sale or use of such
product and/or service in your state or jurisdiction is restricted or
prohibited.
Links
This Site may contain links to other sites on the Internet that are owned
and operated by third parties. You acknowledge that We are not responsible for
the operation of or content located on or through any such site.
Termination
You may terminate the Terms at any time by closing your account,
discontinuing your use of this Site and providing Us with a notice of
termination. We reserve the right, without notice and in our sole discretion,
to terminate your right to use this Site, or any portion of this Site, and to
block or prevent your future access to and use of this Site or any portion of
this Site.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend,
indemnify and hold harmless Us and our subsidiaries and affiliates, and our
respective officers, directors, agents, partners, members, employees,
independent contractors, service providers and consultants ("Our Related
Parties"), from and against any claims, damages, costs, liabilities and
expenses (collectively, "Claims") arising out of or related to (a)
your access to and use or misuse of this Site; (b) any User Content you post,
upload, use, distribute, store or otherwise transmit on or through this Site;
(c) any Feedback that you provide; (d) your violation of these Terms; and (e)
your violation of any rights of another. You agree to promptly notify Us of any
third party Claims, cooperate with Us in defending such Claims and pay all
fees, costs and expenses associated with defending such Claims (including but
not limited to attorneys' fees). You further agree that the We shall have the
right to control of the defense or settlement of any third party Claims.
Disclaimers
Except as expressly provided, this Site, including all Site Content, and
services provided on or in connection with this Site are provided on an
"AS IS" and "WITH ALL FAULTS" basis without
representations, warranties or conditions of any kind, either express or
implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND
DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B)
CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not
represent or warrant that this Site is accurate, complete, reliable, current or
error-free. We do not represent or warrant that this Site or our servers are
free of viruses or other harmful components.
Exclusivity of Remedy;
Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for
any breach of warranty shall be your right to return the product, or receive a
refund for the service under Our applicable returns and exchanges policies.
IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS
OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR
IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE
PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED
THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS
PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE,
FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Remedies
You agree that our remedy at law for any actual or threatened breach of
these Terms would be inadequate and that we shall be entitled to specific
performance or injunctive relief, or both, in addition to any damages that we
may be legally entitled to recover, together with reasonable expenses of any
form of dispute resolution, including, without limitation, attorneys' fees. No
right or remedy of ours shall be exclusive of any other, whether at law or in
equity, including without limitation damages injunctive relief, attorneys' fees
and expenses.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently,
this Site or any features or portions thereof without prior notice.
Severability
If any these provisions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed several and shall not affect the
validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties
only. These Terms are not intended to confer any right or benefit on any third
party or to create any obligations or liability of a party to any such third
party.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is
created as a result of these Terms, and you do not have any authority of any
kind to bind Us in any respect whatsoever.
We may provide you with notices, including those regarding changes to these
Terms, by email, regular mail, or postings on this Site. These Terms, which
shall be deemed accepted by you upon your use of the Site, constitute the
entire agreement among you and Us regarding the use of this Site.
Our failure to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of the enforcement of such right or provision. If
any provision of these Terms is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so
that these Terms shall otherwise remain in full force and effect and
enforceable.
These Terms are not assignable, transferable or sublicensable by you,
except with our prior written consent. These Terms include and incorporate by
reference Our Privacy Policy, which can be found at https://superincars.com/p/last-updated-oct-05-2019-privacy-policy.html,
and any notices regarding the Site.
Questions
Questions regarding
these Terms, Our Privacy Policy, or other policy related material can be
directed to our support staff by emailing us at: info@superincars.com.