TERMS & CONDITIONS OF USE

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use ("Terms of Use") apply to the web site located at www.abbperformance.com and all associated web sites linked to www.abbperformance.com (collectively, the "Site") by ABB Performance, LLC, its parents, subsidiaries, and/or affiliates (collectively, "ABB"). The Site is the property of ABB. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

ABB reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ABB grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT AND TRADEMARKS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Site (collectively, "Content") is owned, controlled or licensed by or to ABB and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of ABB and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, "Trademarks"). Nothing in these Terms of Use or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of ABB or such other owner. Neither ABB's name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without ABB's prior written consent. Without limiting the generality of the foregoing, ABB prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by ABB in writing.

PERMITTED USE OF THE SITE AND CONTENT

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without ABB's express prior written consent.

You may use information on ABB's products and services that is purposely made available by ABB for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.

VIRUSES, HACKING AND OTHER OFFENSES

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. ABB will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

ABB will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.

USER CONTENT

From time to time, ABB may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. ABB disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall ABB be liable for any loss or damage arising from the use of any interactive service by a user in contravention with ABB's content standards.

If you post any content to the Site, you hereby grant ABB and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party.

USER CONTENT STANDARDS

The following standards apply to any and all material which you contribute to the Site ("Contributions") and to any associated interactive services:

  • Contributions must:
    • Be accurate (when they state facts);
    • Be genuinely held (when they state opinions); and
    • Comply with applicable laws in the United States of America and in any country from which they are posted.
  • Contributions must not:
    • Contain any material that is defamatory, obscene, offensive, hateful or inflammatory;
    • Promote violence or any illegal activity;
    • Infringe any copyright, trademark, or other intellectual property right of any other person;
    • Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidence;
    • Abuse or invade another person's privacy or cause annoyance, inconvenience or needless anxiety;
    • Be used to impersonate any person or misrepresent your identity or affiliation with any person; or
    • Give the impression that they emanate from ABB, if that is not the case.

ABB will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When ABB determines that a breach has occurred, ABB may take such action as it deems appropriate, including but not limited to one or more of the following:

  1. Immediate, temporary or permanent withdrawal of your right to use the Site;
  2. Immediate, temporary or permanent removal of any Contribution by you;
  3. Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by ABB resulting from the breach; and
  4. Disclosure of such information to law enforcement authorities as ABB deems reasonably necessary.

In no event shall ABB be liable for any actions taken in response to any breach of these content standards.

OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply specific portions or features of the Site, including contests, promotions or other similar features, all of which are made a part of these Terms of Use by this reference. You shall abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. The Company's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The Company may make changes to any products or services offered on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such products and services except as required by applicable law.

Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and the Company cannot guarantee that your computer will accurately display such colors.

HEALTH RELATED INFORMATION

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY

Your use of the Site and any information provided by you or gathered by the Company or third parties during any visit to or use of the Site is governed by the Company's Privacy Policy which is incorporated by this reference. You agree to the Company's collection, use and sharing of your information as set forth in the Privacy Policy.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS TO THE SITE

ABB prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without ABB's prior written consent. Similarly, ABB prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without ABB's prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations

LINKS TO OTHER SITES

This Site may contain links to other independent third-party web sites (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ABB's control, and ABB is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DISCLAIMERS

ABB DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ABB DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. ABB FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOUR SOLE REMEDY AGAINST ABB FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. IN THE EVENT OF ANY PROBLEM WITH A PRODUCT OR SERVICE THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH ABB'S RETURNS AND REFUNDS POLICY. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.

ABB reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will ABB be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ABB has been advised of the possibility of such damage.

INDEMNITY

You agree to defend, indemnify and hold ABB, and its officers, directors, predecessors, successors, employees, agents, subsidiaries and affiliates, harmless from any loss, liability, or expenses (including attorneys' fees), relating in whole or in part to any claims or demands made against ABB by any third party due to or arising out of or in connection with your use of the Site or violation of these Terms of Use.

VIOLATION OF TERMS OF USE

ABB may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. Any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to ABB for which monetary damages would be inadequate. You consent to ABB obtaining any injunctive or equitable relief that ABB deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that ABB may have at law or in equity.

If ABB takes any legal action against you as a result of your violation of these Terms of Use, ABB will be entitled to recover from you, and you shall pay, all reasonable attorneys' fees and costs of such action in addition to any other relief granted to ABB. Under no circumstance will ABB be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

GOVERNING LAW; JURISDICTION

All matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to conflict of law principles. You consent to the personal jurisdiction by and venue in the state and federal courts located in DuPage County, Illinois, and waive any objection to such jurisdiction or venue.

VOID WHERE PROHIBITED

ABB administers and operates the Site from its location in Aurora, Illinois USA. Other ABB sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. ABB reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

MISCELLANEOUS

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ABB with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ABB with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement between you and ABB, ABB will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ABB's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ABB of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ABB and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

FEEDBACK AND INFORMATION

Any feedback you provide at the Site shall be deemed to be non-confidential. ABB shall be free to use such information on an unrestricted basis. The information contained in the Site is subject to change without notice.

 

Last Updated: December 13, 2013