HGM AUTOMOTIVE ELECTRONICS INC. (HGM) IS A CALIFORNIA INCORPORATED COMPANY DEDICATED TO PROVIDING ITS CUSTOMERS WITH STATE OF THE ART ELECTRONIC TRANSMISSION CONTROL SYSTEMS FOR VEHICLES. THIS AGREEMENT SETS OUT THE TERMS AND CONDITIONS ON WHICH YOU AGREE TO USE THE HGM WEBSITE AND ALSO ADDRESSES IMPORTANT TOPICS SUCH AS PRIVACY, LIABILITY AND WARRANTIES.
Acceptance of Agreement
In consideration of the mutual covenants below, the Parties agree as follows:
Due to possible use of adult language in testimonials or advertisements, any User of the website must be of at least 18 years of age or older, or of majority age in the jurisdiction where they are located.
Use of the Site
ALTERNATIVE DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The arbitrator shall be familiar with automotive transmissions. The place of arbitration shall be Los Angeles, CA. The arbitration shall be governed by the laws of the State of California. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
HGM makes certain specific warranties in its Limited Warranty for its products available here. HGM, ITS SHAREHOLDERS, OFFICERS AND EMPLOYEES make no other warranties , expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, HGM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the informational material on the Site or otherwise relating to such materials or on any sites linked to the site, or any advertisements or testimonials displayed on the Site.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HGM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE HGM SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OF ANY THIRD PARTY ON THE HGM SITE; OR (e) ANY OTHER MATTER RELATING TO THE HGM SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement. This Agreement constitutes the entire agreement between you and HGM and governs your use of the HGM Site, superseding any prior version of this Agreement between you and HGM with respect to the Site.
Governing Law. This Agreement will be interpreted in accordance with the laws of the State of California, including all matters of construction, validity, performance, and enforcement, without giving effect to any principles of conflict of laws.
Notices. All notices, requests, demands, and other communications shall be validly given if delivered in person, facsimile transmission, sent by electronic mail, or forwarded by registered or certified mail addressed to the other party at the address provided in the signature block of this Agreement, unless such party has notified the other party of a substitute contact information in writing pursuant to this article. Notices delivered in person or sent via facsimile or electronic mail during normal business hours shall be deemed to be received on the same date. Notices forwarded by registered or certified mail shall be deemed to be delivered three (3) days after such notice was mailed.
Severability. If any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the other portions of this Agreement shall remain in full force and effect.
No Implied Waiver: The failure of HGM to enforce at any time or for any period of time, the provisions hereof in accordance with their terms will not be construed to be a waiver of such provisions or of the right of such party thereafter to enforce each and every such provision.
No Third Party Beneficiary. The benefits and protection provided by this Agreement shall inure solely to the benefit of the Parties. This Agreement shall not be deemed to create any right in any person or entity who is not a party to this Agreement and shall not be construed in any respect to be a contract in whole or in part for the benefit of any third party.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.