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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 (UK), PO Box 100, Dorset, BH23 1LP, 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, libelous, 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 labor 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
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