Terms Of Use

This Terms of Use (the “Agreement”) is made by and between HP Tuners LLC (“HP Tuners”) and you (either an individual or entity, as applicable, “you”). This Agreement governs your use of the HP Tuners website, webpages, mobile application, online services, and any materials, data and information that you access through the website (collectively, the “Website”).ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

HP Tuners may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in this Agreement, you may not enter into this agreement or use this Website. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Website, you may not enter into this Agreement or use this Website.  By using this Website you are explicitly stating that you have verified in your own jurisdiction if your use of this Website is allowed.

HP Tuners makes no representation that materials in this Website are appropriate or available for use in all locations.  Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. HP Tuners reserves the right to limit the availability of the Website, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction HP Tuners so desires, at any time and in HP Tuners’ sole discretion.

Use of site

Subject to the terms and conditions of this Agreement, HP Tuners authorizes you to view and download the materials at this Website only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited.

You warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not (and may not authorize any party to) (i) co-brand, frame or redistribute the Website; (ii) translate, adapt, reverse engineer, decompile, disassemble, or otherwise modify the Website, other than as expressly permitted by law; (iii) incorporate the Website in any other product, or create derivative works based thereon; (iv) grant rights to third parties with regard to the Website; (v) rent, lease, sell, license or sublicense the Website to a third party; or (vi) duplicate the Website without the express prior written permission of an authorized representative of HP Tuners. As used herein, “co-brand” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website. You agree to cooperate with HP Tuners in causing any unauthorized co-branding, framing or linking immediately to cease. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website.

The materials at this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark, and other laws. If you breach any of the terms in this Agreement, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.

Disclaimers

THE WEBSITE, MATERIALS (INCLUDING ALL SOFTWARE), AND SERVICES AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. HP TUNERS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HP TUNERS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, INABILITY TO USE, OR THE RESULT OF USE, OF THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU, AND NOT HP TUNERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE. HP TUNERS FURTHER MAKES NO WARRANTIES AS TO THE ACCURACY OF ANY CONTENT ACCESSED FROM ANY HP TUNERS WEBSITE, THIRD PARTY WEBSITES, OR OTHERWISE OBTAINED BY YOU. HP Tuners obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this site should be construed to alter such agreements. HP Tuners further does not warrant the accuracy and completeness of the materials, software or services at this site. HP Tuners may make changes to the materials and services at this site, or to the products and prices described in them, at any time without notice. The materials and services at this site may be out of date, and HP Tuners makes no commitment to update the materials and services at this site. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of liability

IN NO EVENT WILL HP TUNERS, ITS AFFILIATES, SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, GENERAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HP TUNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Use of software

Any software that is made available to download from this site is the copyrighted work of HP Tuners and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). You may not download or install any software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

User submissions and forums

HP Tuners does not want to receive confidential or proprietary information from you through this site. Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary. HP Tuners will have no obligations with respect to the communications. HP Tuners and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to HP Tuners for the purpose of receiving products or services will be handled in accordance with the HP Tuners online privacy statement. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You may from time to time provide suggestions, comments or other feedback to HP Tuners regarding HP Tuners’ current or future products and services, including the Website (collectively, “Feedback”). You agree that such Feedback, even if designated as confidential by you, shall not create any confidentiality obligation hereunder for or upon HP Tuners or its suppliers. You warrant that You have all rights necessary to disclose to HP Tuners any Feedback that you so disclose, and you shall not provide any confidential information of any third party to HP Tuners unless authorized to do so.
The Website may contain forums and other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Communications Services. You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you affirm, represent, and warrant that You will not post, send, submit, publish, or transmit in connection with the Website any material that:

  1. you do not have the right to post, including proprietary material of any third party, such as files containing software or other third party material protected by intellectual property laws (or by rights of privacy or publicity);
  2. violates or may violate any law, advocates illegal activity or discusses an intent to commit an illegal act;

iii. does not pertain directly to the Website;

  1. threatens or abuses others, libels, defames, invades privacy, stalks, or is obscene, pornographic, vulgar, indecent, racist, abusive, harassing, threatening or offensive;
  2. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  3. harvests or otherwise collects information about others, including e-mail addresses, without their consent;

vii. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

viii. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;

  1. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on the Website;
  2. solicits funds, advertisers or sponsors;
  3. includes programs that contain viruses, worms or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or network;

xii. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;

xiii. disobeys any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of the Website or any networks related to the Website; or

xiv. contains links to other websites or software containing content that falls within the descriptions set forth above.

HP TUNERS CANNOT AND DOES NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING OR ANY OTHER PROVISIONS OF THIS AGREEMENT, AND, AS BETWEEN YOU AND HP TUNERS, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

HP Tuners may, but is not obligated to, monitor or review any areas on the site where users transmit or post communications or communicate solely with each other. HP Tuners, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. HP Tuners retains the right to remove messages that include any material HP Tuners deems abusive, defamatory, obscene or otherwise unacceptable.

If you know or suspect that any of the content or materials on the Website have been used or copied in a way that constitutes copyright infringement, please sent notice to HP Tuners’ designated agent identified below.  According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HP Tuners to locate the material;
  • Information reasonably sufficient to permit HP Tuners to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

Copyright Agent Name:

Address:

Email:

Phone:

Intellectual Property Rights 

As between you and HP Tuners, any and all copyright, patent, trademark, service mark and other intellectual property or proprietary rights (“Intellectual Property”) associated with the Website are the sole property of HP Tuners or its affiliates. Such items are protected by laws in the Unites States and in other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. As between you and HP Tuners, all custom graphics, icons, logos, and other items that appear on the Website are trademarks, service marks, or trade dress of HP Tuners and its affiliates or licensors. Except as expressly provided herein, HP Tuners does not grant to you any express or implied rights to HP Tuners’ or any third party’s Intellectual Property. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other Intellectual Property notice or legend appearing on the Website. All rights not expressly granted herein are reserved by HP Tuners.  Any unauthorized use of the content appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

The content of the Website is: Copyright ©, HP Tuners LLC, 701 Dartmouth Ln, Buffalo Grove, IL 60089. All rights reserved. 

Indemnification. 

You will indemnify, defend and hold HP Tuners, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors harmless from and against any and all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to (a) your breach of this Agreement; (b) your use of the Website; (c) any submissions or Feedback you provide; and (d) your violation of any law or the rights of any third party. 

Third Party Links 

The Website may contain links to third-party websites which are not maintained by, or related to, HP Tuners. Links to such websites are provided as a service to users and are not sponsored by or affiliated with the Website or HP Tuners. HP Tuners has not reviewed such websites and is not responsible for the content of those websites. HP Tuners is not responsible for webcasting or any other form of transmission received from any linked website. Links are to be accessed at your own risk, and HP Tuners makes no representations or warranties about the content, completeness or accuracy of these links or the websites linked to the Website. HP Tuners provides links as a convenience, and the inclusion of any link to a third-party website does not imply endorsement by HP Tuners of that website or any association with its operators.

General

You may not use or export or re-export the materials or services at this Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. These terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws.

HP Tuners may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.