AGREEMENT FOR www.EastBayTire.com EXTRANET SERVICE
This Agreement for www.EastBayTire.com Extranet Service (“Agreement”) applies to your access to and use of the Web Site of East Bay Tire Co. (the “Website”). East Bay Tire Co., a California corporation (“EBT”) provides this Extranet Service (the “Service”) to you solely based upon your agreement with the terms and conditions set forth herein. Please read all pages of this Agreement before proceeding. You are authorized to access and use this Service only when you have completely filled in all the required registration information and indicated your agreement with these terms and conditions. This Agreement and any registration information are the complete agreement between you and EBT regarding the Service and replace any prior or contemporaneous oral or other communications between us.
YOUR ACTION IS REQUIRED IF YOU DESIRE TO CANCEL THIS SERVICE.
With regard to Internet offerings, you are responsible for:
a. determining what offerings are available via the Internet and whether an offering meets your requirements;
b. obtaining user IDs in order to access other offerings and contacting the provider directly if you have problems with their offering;
c. obtaining and adhering to all other terms associated with usage of Internet or a specific Internet offering.
2) With regard to the Services, you are responsible for:
a. Selecting a System Administrator who will be issued a User ID and Password from EBT to access the Service. The System Administrator will be responsible for administering additional User ID’s and Passwords to other users of the Service within your organization. The Service allows individual users to maintain and change their passwords. You are solely responsible for assigning and maintaining user ID’s and Passwords to access to the Internet. We do not guarantee that our security procedures will prevent improper access to your information. We disclaim any liability or responsibility arising from improper access to your information; and
b. all activity performed under User ID’s issued to your System Administrator, or User ID’s administered by your System Administrator.
3) Access to Internet Service Description
EBT neither owns nor controls the various facilities and communication lines through which access may be provided. Accordingly, EBT is not responsible for user/access security nor does EBT warrant that the available access number will be a local call from your area code and exchange. Each Internet provider owns, maintains, and/or supports its respective offering. Availability and content of an Internet offering other than the Service is the responsibility of the Internet offering provider. Certain Internet offerings may contain language or pictures which some individuals may find offensive, inflammatory, or of an adult nature. Such contents are the sole responsibility of the Internet offering provider. EBT does not endorse such materials and disclaims any and all liability for their content.
4) Electronic Communications
Each of us may communicate with the other by electronic means as described in this Agreement and its registration information. Each of us agrees to the following for all electronic communications:
a. the User Identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender’s identity and the communication’s authenticity;
b. an electronic communication sent by you containing your User Identification establishes you as its originator and has the same effect as a document with your written signature on it: and
c. an electronic communication, or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
5) General Terms
Each of us agrees that:
a. unless otherwise provided for in the agreement, either party may terminate this Agreement, with or without cause, by giving notice to the other, and in such case this Agreement will terminate five (5) days from the date such notice is given;b. any terms varying from this Agreement in any order, written or electronic communication from you are void;c. neither of us grants the other any license to use either party’s patents, copyrights, trade secrets, or other intellectual property rights;d. neither party will bring a legal action more than two years after the cause of action arose;e. if any provision of this agreement is determined to be invalid, all other provisions shall remain in force; andf. this Agreement and your use of the Website are governed by and shall be construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state and federal courts located in Solano County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
6) Our Responsibilities
We will provide you with a User Identification code to enable access to the Service. The Service allows you to enter and maintain your registration information.
7) Your Responsibilities
You agree:a. to review any proposed Agreement modifications from EBT; your continued use of the Service shall be construed as acceptance of these modifications;b. not to assign, or otherwise transfer, this Agreement or your rights under it, delegate your obligations, or resell the Service, and any such assignment or transfer is void;c. that you are responsible for the results obtained from the use of the Service;d. not to introduce viruses, worms, harmful code and/or trojan horses on the Website:e. to obtain, install, and maintain suitable equipment and software as necessary to access the Service;f. not to use the Service for any criminal or illegal activities, or post any information that might be legally actionable;g. not to use the Service for spamming, flaming, to hack or otherwise obtain unauthorized access;h. not to seek redress from EBT if you are harmed or offended by information, products or services which you access through the Service or other Internet offering provider’s service;i. to be responsible for accurately addressing information sent using the Service;j. to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;k. to comply with all applicable laws, regulations or conventions including those related to data privacy, international communications, and exportation of technical or personal data;l. not to delete or alter author attributes or copyright notice, unless expressly permitted in writing by the author or owner;m. to give all required notices under this Agreement;n. to promptly notify EBT if you suspect unauthorized use of the Service or your User Identification and to terminate this Agreement (upon which termination you may thereupon initiate obtaining a new agreement with EBT) . Until EBT receives such notice and you terminate this Agreement, you shall remain responsible for any unauthorized use;o. to provide EBT with the requested identification when requesting password resets or in connection with other security matters; andp. if you are using the Website and/or accepting this Agreement on behalf of any entity, you represent and warrant that you are authorized to accept the terms and conditions of this Agreement on such entity’s behalf, and that such entity agrees to indemnify you and EBT for violations of any provision of this Agreement.
8) Disclaimer of Warranty and Limitation of Liability
THE SERVICE OR ANY PROGRAM WHICH WE PROVIDE TO YOU AS PART OF OUR SERVICE IS PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, EBT MAKES NO WARRANTIES, REPRESENTATIONS OF CONDITIONS OR MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. DO NOT USE THE PROGRAM OR SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. WE DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTY FOR ANY THIRD PARTY’S OFFERING(S) OR PRODUCT(S). ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE PROGRAM OR SERVICE ARE ERROR-FREE.
WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS’, LOCAL EXCHANGE CARRIERS’ OR OTHER PROVIDERS’ FACILITIES.
WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS OR USE OF THE PROGRAM OR SERVICE WE PROVIDE OR ANY OTHER SERVICE PROVIDER’S SERVICE OR PRODUCTS INFRINGES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL EBT, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICE OR ANY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM EBT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EBT’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EBT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EBT FOR ACCESS TO OR USE OF THE WEBSITE.
THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING, BUT NOT LIMITED TO: A) BREACH OF CONTRACT, EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH, OR B) TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISREPRESENTATION.
9) Your Additional Rights
You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. To the extent these laws apply, certain exclusions or limitations may not apply to You.
10) Handling of Your Information
Though we maintain security procedures for your data while it is stored on or transmitted over equipment and facilities we control, you are responsible for management of your data stored on or transmitted over EBT’s network. Such management includes, but is not limited to backup and restoration of data, erasing data from disk space you control, and your selection and use of the security facilities and options that EBT may provide. Apart from the Services EBT provides, you are responsible to develop and maintain any security procedures you deem appropriate, such as logon security and encryption of data, to protect your information.
Either of us is free to use an idea, concept, know-how, or technique developed or provided by the other or developed jointly by both of us, subject to patents and copyrights held by the other party.
11) Service Availability and Access
This Service is generally available daily, seven days a week, except for maintenance. Service maintenance generally takes place from 3 am until 5 am (US Eastern time) daily. In addition, the registration facilities are generally not available from 9 p.m. Saturday until 5 a.m. (US Eastern time) on Sunday. However, EBT may at any time without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities.
There is currently no charge for www.EastBayTire.com Extranet Service. We reserve the right to begin charging fees in the future.
You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US government limiting, barring, revoking or denying, in whole or in part, your US export privileges.If you connect to the Service automatically, without manually entering your User identification code, you acknowledge that anyone who has access to your computer can also gain access to the Service or other services that you disapprove of and could abuse your personal registration information.
This Agreement may be executed in counterparts each of which shall for all purposes be deemed an original and all of such counterparts, taken together, shall constitute one and the same Agreement. A photocopy, facsimile, scanned PDF or other electronic versions of this Agreement or of the signatures hereto will serve in place of an original.
EBT may use information collected from you in a variety of ways, including to provide and deliver the Service, to send you information (such as invoices), to process any requests or orders from you, to alert you to new products and services, and to improve our Website.EBT will not share your personal information except in an aggregated or anonymized form, or with your consent, or with third parties working with EBT to fulfill any order or request you have made of us through the Website, or to comply with any applicable law, in connection with any merger, sale or financing of EBT, or if we have a good-faith belief that disclosure is needed to respond to an emergency or protect someone’s personal safety.3) Security of Information
EBT takes reasonable steps to protect your personal information to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.
Any person who signs as an officer or agent for corporation, partnership or other entity warrants that he/she has authority from such entity to enter into this Agreement on its behalf
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Document Name: ESHOP REG
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