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1.Acceptance of Terms All users of our featured services, including the Dealer Support Program, HPI's Pit Stop and Buy HPI, agree to be bound by these Terms of Service ("TOS"). We provide our services to you, subject to these terms and they may be updated occasionally without notice to you. You can review the current version of the TOS any time by visiting http://www.hpiracing.com/tos.php. All guidelines or rules are incorporated by reference into the TOS. HPI may also offer different services governed by their own Terms of Service. 2. What we offer ("Services") HPI offers these services which contain the latest information, product releases, upcoming events, and specialized service and support for our Retail stores, customers and distributors as well as user generated content. You understand and agree that the Service may include advertisement materials that are directed toward the end user for your review and use. We may also include certain communications from HPI, such as service announcements, administrative messages, and our upcoming HPI Newsletter, and that these items are considered part of the Services. Unless explicitly stated otherwise, any new or developing items or features that are added to the Services, including the upload of new informational sections, shall also be subject to the TOS. You understand and agree that the Services are provided "AS-IS" and that HPI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to keep any user communictations or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees ( Internet Service Provider or phone charges). You are solely responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. Other services not mentioned, such as contests, surveys, suggestion lines, and other communication services fall under this category as well. 3. Registration Obligations In consideration for your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to do the following:
4. HPI Privacy Policy Registration Data and other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.hpiracing.com/company/privacy2.htm.
5. Member Account and Password Security You will receive a password and account designation upon completion of the Dealer Support Program Beta. If you are signing up after the Beta has been activated, you will receive a password and account designation upon verification of Dealer status. The passwords give you access to see portions of our site that the general public cannot. Therefore it is your responsibility for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. you agree to the following regarding account confidentiality:
HPI cannot and will not be held liable for any loss or damage arising from negligent use of an account nor by your failure to comply with this section. 6. Modifications to Service HPI reserves the right at any time and occasionally to modify or discontinue, temporarily or permanently, the Service (or any portion of it) with or without notice to you or prior approval. You agree that HPI will not be held liable to you or to any third party for any modification, suspension, or removal of the Service 7. Termination You agree that HPI may, under certain circumstances and without prior notice or permission, immediately terminate your DSP account and and associated references to the service. Cause for termination will include but not be limited to the following:
8. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
9. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT HPI SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 HPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 10. 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 OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU. 11. Violations Please refer all violations of the TOS to our Webmaster. |
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