Unless the context indicates otherwise, as used in these Terms, (i) “Raybestos”, "us," "we," and "our" refer to Raybestos Powertrain, LLC, its affiliates and licensors and (ii) "Content" refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and any other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information.
The content provided on this Web Site is copyrighted by Raybestos Powertrain, LLC or our third party licensors and is protected from copying, reproduction, modification, distribution, display, performance or transmittal for any purpose under United States and international copyright laws.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Raybestos Powertrain, LLC or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws.
Permitted and Prohibited Uses
Subject to the terms of this agreement, individuals are permitted to electronically copy Content published on this Web Site and to make prints solely for their personal information and use. Subject to the terms of this agreement, Raybestos Powertrain, LLC dealers are permitted to electronically copy material published on this Web Site such as Sell Sheets and to make prints thereof for the benefit and use by their customers and potential customers. Incorporating Content into other Web Sites, catalogs or publications without Raybestos Powertrain, LLC prior written permission is prohibited.
You may not remove any copyright or other proprietary notices (including visible or invisible watermarks) from any Content or from this Web Site. Using bots, spiders and other indexing agents to “crawl,” retrieve or copy all or any part of this Web Site is prohibited. Without Raybestos Powertrain, LLC prior written permission, you may not mirror or archive any Content on any server or computer, or retransmit any Content from this Web Site, or any modified versions thereof. You may not (i) decompile, disassemble or reverse engineer this Web Site or otherwise attempt to determine the source code or trade secrets of the Site (ii) violate or attempt to violate the security of the Site or (iii) otherwise disrupt or interfere with the operation of the Site.
Disclaimer or Use; Limitation of Liability. Your use and browsing of this Site is at your own risk. Neither Raybestos Powertrain, LLC, its affiliates or any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, use of or inability to use this Site. Without limiting the foregoing, everything on this Site and its functionality, except as expressly stated on the Site, is provided to you "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Except as otherwise expressly stated on the Site, we also make no representations or warranties of any kind as to an uninterrupted, error-free, or secure use of the Site, including, without limitation, that the Site will operate, that defects on the Site will be corrected, or that any of the information, content, pictures, materials, services, or products included or listed on the Site are accurate, reliable or complete. Raybestos Powertrain, LLC does not assume responsibility or liability, and shall not be responsible or liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site. We do not warrant that the Site or its servers are free of viruses and other harmful components.
Damages. Raybestos Powertrain, LLC, its affiliated entities and its owners shall not be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability, arising out of, in connection with, related to, or resulting from your use of or inability to use the Site, Site Content, or any products advertised or mentioned on the Site.
Links From this Web Site
This Site may contain links to other Web sites. If you decide to access these third-party Web sites, you do so at your own risk. These third-party Web sites contain information created, published, maintained, or otherwise posted by organizations independent of Raybestos Powertrain, LLC. We do not endorse, approve, certify, maintain, or control these third-party Web sites and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such third-party Web sites. We provide the links only as a convenience. We have not reviewed all of the sites which are linked to the Site. We are not responsible for assuring that third-party Web sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third-party Web sites at any time without notice or obligation to you. Use of any information obtained from such third-party Web sites is at your own risk, and reliance on such information should be undertaken only after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of a link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Raybestos Powertrain, LLC.
Links to this Web Site
There may be circumstances where access to this Site is provided by a hypertext link located at a third-party Web site. We have no responsibility for the content of such third-party Web sites, we do not make any representations or give any warranties or conditions with respect to any information contained in or at these third-party Web sites and we shall not be liable for any damages or injuries arising from the content of or access to these third-party Web sites. We do not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site.
If you wish to provide a hyperlink from your Web site to this Web site, you may do so only under the following conditions: (i) any link to our Site must be a text-only link and clearly marked “Raybestos Powertrain” (ii) the link must "point" to the URL http://www.raybestospowertrain.com/ and not to other pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a "frame" on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your Web site to ours, you are agreeing to be bound by these terms.
Questions and Comments
We welcome questions, comments and other feedback about this Web Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you. We also reserve the right not to review or respond to any such correspondence, within our sole discretion.
Changes to this Site or These Terms
We may change or discontinue this Web Site, or change any Content, at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes.
You agree to indemnify, defend and hold harmless Raybestos Powertrain, LLC, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees and court costs), made by any third party due to, arising or resulting from any violation of these Terms or any activity related to use of the Site (including but not limited to negligent or wrongful conduct), by you, any authorized user, unauthorized user or any other person accessing the Site using your Internet account or password. If you cause a technical disruption of the Site or the systems transmitting the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Governing Law and Venue
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of these Terms or your use of this Site. If any provision or portion of this Agreement is or becomes invalid under any applicable law, regulation, judgment or order, it will be deemed to be reformed to most nearly effectuating the intent of the parties as reflected herein and as enforceable under applicable law, and the rest of this Agreement will remain in full force and effect.