The following User Agreement (“Agreement”) governs the use of SoftlineSolutions.com and Towing Guru, including participation in its bulletin boards, forums, and other services, as provided by Softline Solutions (“Service Provider”). Please read the rules contained in this Agreement carefully. You can access this Agreement at any time by clicking on “User Agreement” at the bottom of every page of the Site. If you cannot agree with these rules, please do not use the Site.
These terms may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Site by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Service Provider’s other remedies.
USE OF PASSWORD
Your right to use the Site is personal to you — you may not authorize others to use the Site, and you are responsible for all use by you and those you allow to use the Site. You may not sub-license, transfer, sell or assign this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your subscriber ID and password.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Site), you must promptly change your password and notify Service Provider of the problem by contacting our Customer Service department at 888 335 2226
USE OF THE SITE BY YOU
The Site is not intended for users under the age of 13 and Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted or retained by Service Provider.
You agree not to use any obscene, indecent or offensive language or to place on the Site any material that is defamatory, abusive, harassing or hateful. Further, you may not place on the Site any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any material you provide to the Site or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party of is posted with the permission of the owner(s) of such rights.
Material on the Site is for your personal use only. The Site contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Site.
You agree not to disrupt, modify or interfere with the Site, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.
Other than connecting to Service Provider’s servers by http requests using a Web browser, you my not attempt to gain access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to/from the Site and is not responsible for the content or actions of any other sites linked to/from the Site. Your linking to any service or site is at your sole risk.
USE OF MATERIAL SUPPLIED BY YOU
Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify SoftlineSolutions.com by providing Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Human Resources department.
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are coverage by a single notification, a representative list of such works at that site;
3. 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 Service Provider to locate the material;
4. Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
MATERIALS POSTED BY OTHERS
You agree that the Service Provider and its third part service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
COMMENT BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER
Service Provider does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on bulletin boards, forums or otherwise contained in the Site. Nor does Service Provider or its third-party providers make any warranties with respect to any of the merchandise featured or mentioned in the Site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, or those who actually sell any merchandise, and do not necessarily represent the views of the Service Provider or its third-party providers.
You agree to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.
EDITING AND DELETIONS
The Service Provider reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the Site or its bulletin boards, in its sole discretion, without notice.
TERMINATION OF ACCESS TO THE SITE
Service Provider has the right to terminate your ability to access the Site, for any reason, without notice.
Service Provider makes not representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in California . In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Service Provider shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
If you don’t agree to the terms contained in this Agreement, please exit the website. Please click the Back button on your browser to return to the previous page.