Section 1. Acceptance of Terms and Conditions.
Use of this web site is conditioned upon users' acceptance of the terms and conditions
contained herein. All users of this web site hereby understand and agree that their
use of such web site constitutes acceptance of the terms and conditions set forth
in this legal notice. Total Disc Repair, and the Total Disc Repair group of companies,
(hereinafter collectively referred to as "TDR"), reserve the right to modify the
terms and conditions at any time without prior notice. If you do not agree to these
terms, you may not use this web site. The domain name totaldiscrepair.com is owned
by TDR, Unit 3 Somerford Business Park, Wilverley Road, Christchurch, BH23 3RU. United Kingdom.
Section 2. Trademarks.
This web site contains many trademarks, trade names, service marks, copyrights and
or logos of TDR and may also contain several protected marks of TDR's numerous affiliates.
Such marks remain the property of their respective owners. User recognizes and acknowledges
the ownership of these marks and understands that it does not acquire, through use
of this web site, any right, title, or interest in the marks. User agrees that it
will not change, modify and or exploit the marks, nor participate in any activity
which modifies and or exploits such marks. All rights to these marks are reserved.
Any use of the marks without expressed written authorization is strictly prohibited.
Section 3. Prohibited Use.
Any use of this web site for an illegal or objectionable purpose is strictly prohibited.
User agrees that it will not use this web site to engage in any activity that could
be deemed illegal, harmful to others, or give rise to civil liability. Such activities
include, but are not limited to: (i) activities involving the transmission of unlawful,
threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane,
libellous, or defamatory information; (ii) activities involving the transmission
of junk mail or spamming; (iii) activities involving the promotion or use of viruses;
(iv) activities that violate any law, regulation or statute; and or (v) activities
that infringe upon any legally protected property right, etc. By using this site,
user agrees that any and all information transmitted to or with the use of this
site can not and shall not be deemed confidential or proprietary. TDR reserves the
right to monitor transmissions and investigate any alleged prohibited use of this
web site and to disclose any and all information relating to such prohibited use.
TDR, its officers, directors, affiliates, employees, agents, partners, subsidiaries
and or contractors shall not assume, and expressly disclaims, any and all liability
relating to an individuals illegal or prohibited use of this web site. Any violation
of this or any other section contained herein may result in termination of service
and or any other action TDR determines appropriate under the circumstances.
Section 4. Third Party Relationships.
This web site may contain several links to other sites. These links are provided
merely to assist the user. These sites are independent of TDR's site and TDR does
not and cannot control the content and or representations of such sites. The information
presented on these links may not necessarily reflect those beliefs held by TDR.
The inclusion of a link does not mean that TDR accepts or endorses any of the content
contained in such site. The user is responsible to protect himself/herself while
associating with the linked site. TDR, and its officers, directors, affiliates,
employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility/
liability for content contained on such linked sites and will not be held accountable
for any damages, of any kind, incurred by those who visit such sites.
Section 5. Modifications.
This web site may contain typographical errors or technical inaccuracies. TDR reserves
the right to modify the content of this web site at any time without prior notice.
TDR's failure to enforce any section of these terms and conditions shall not be
construed as a waiver of such provision.
Section 6. Severability.
If one or more of the provisions contained in these terms and conditions are held
to be unenforceable under applicable law, such provision shall be appropriately
limited in its scope. If any such limitation is not feasible, such provision shall
be excluded from these terms and conditions and the balance of these terms and conditions
shall be enforceable.
Section 7. Warranties & Limitation of Liability.
TDR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUPOSE. IN NO
EVENT SHALL TDR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEB SITE WHETHER OR NOT EITHER
PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES
MIGHT BE INCURRED.
Section 8. Force Majeure.
Notwithstanding any other provision set forth in these terms and conditions, TDR
shall not be liable for any failure or delay in its performance due to any cause
beyond TDR's reasonable control, including, without limitation, any act of war or
civil insurrection, national emergencies, acts of God, fire, explosion, vandalism,
storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts,
work stoppages or other labour difficulties, industry-wide supplier failures, unavailability
of materials, rights of way or governmental acts; provided, however, that TDR shall
use its commercially reasonable efforts to correct promptly such failure or delay
in performance to the extent consistent with then applicable law and regulatory
requirements and appropriate in light of then existing circumstances.
Section 9. Indemnification.
User hereby agrees to indemnify, defend, and hold harmless, TDR, its officers, directors,
affiliates, employees, contractors, subcontractors, agents, partners and subsidiaries
from and against all claims, actions, suits, demands, costs and damages (including
reasonable attorney's fees) asserted by any third party as a result of user's use
of this web site. TDR has the right to control any defense pertaining to this section.
Section 10. Relationship.
Nothing in this Agreement is intended to or shall be construed to constitute or
establish an agency, joint venture, partnership, or fiduciary relationship between
the parties, and neither party shall have the right or authority to act for or on
behalf of the other Party.
Section 11. Governing Law.
These terms and conditions shall be governed by, construed, and enforced in accordance
with the laws of England and Wales, without regard to any choice of law principles.
Section 12. Jurisdiction.
User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction
and venue of the courts of England and Wales for any and all claims arising from
the use of this web site.
Section 13. Entire Agreement.
These terms and conditions constitute the full and entire understanding and agreement
between the parties pertaining to the subject matter and supersede in their entirety
any and all written or oral agreements previously existing between the parties with
respect to the subject matter.