findgarage.com
Terms and Conditions

By viewing our site, you are accepting our terms and conditions.

Welcome. As part of the Service, findgarage.com will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement.

Non-Transferable Membership. findgarage.com and its licensors grant to you a personal), non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Service (the "Content") solely for your own internal business purposes. All rights not expressly granted by findgarage.com to you are retained.

Restrictions. Unauthorized use of the Service, or the resale of the Services, is expressly prohibited. You shall not copy, license, sell, transfer, sell, make available, distribute, or assign this license or the Content to any third party. You also shall not create Internet "link" to the Service or "frame" or "mirror" any Content contained on, or accessible from, this Service on any other server or Internet-based device.

Third Party Interaction. In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. findgarage.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to Third Party Sites. findgarage.com does not endorse any sites on the Internet which are linked through the Service. findgarage.com is providing these links to you only as a matter of convenience, and in no event shall findgarage.com be responsible for any content, products, or other materials on or available from such sites.

User Accounts. A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with findgarage.com. To open a user account, you or your company must complete the registration process by providing findgarage.com with current, complete and accurate information as prompted by the registration form. In registering for the Service, you and your company’s users agree to submit accurate, current and complete information about you and your organization, and promptly update such information. Should findgarage.com suspect that such information is untrue, inaccurate, not current or incomplete, findgarage.com has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service.

User Responsibilities. You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify findgarage.com immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. findgarage.com shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by findgarage.com, or any transactions entered into through the Service or failure to abide by this Agreement.

Account Information and Data. findgarage.com does not own any data, information or material that you submit to the Service ("Data"), unless we specifically tell you otherwise before you submit it. findgarage.com will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that findgarage.com does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information and that your Internet protocol address is transmitted with each message sent from your findgarage.com account. findgarage.com may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not findgarage.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and findgarage.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

Use, Storage and Other Limitations. findgarage.com reserves the right to establish or modify general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on findgarage.com’ servers on your behalf.

User Conduct. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancel bots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user’s use and enjoyment of the Service.

Termination. findgarage.com, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user membership upon notice to findgarage.com. In addition, findgarage.com may terminate a free account if you do not first log-on within 30 days after registration or 90 days since your last log-on. Upon termination of an account, your right to use such account and the Service immediately ceases. findgarage.com shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.

Privacy Policy. findgarage.com is committed to safeguarding your privacy online. When appropriate, more policies will be elaborated in the future.

Cookies. Cookies are files that your web browser places on your computer’s hard drive and are used to tell us whether you have visited the Service previously. findgarage.com issues a session cookie only to record encrypted authentication information for the duration of a specific session. The session cookie does not include either the username or password of the user.

Proprietary Rights. Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content and findgarage.com or its licensors retain all right, title and interest, including all intellectual property rights, in and to the Service and Content. findgarage.com and/or other findgarage.com products and services referenced herein are either trademarks or registered trademarks of findgarage.com. The names of other companies and products mentioned herein may be the trademarks of their respective owners.

Indemnification. You shall hold findgarage.com, its licensors, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Disclaimer of Warranties. FINDGARAGE.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. findgarage.com AND ITS LICENSORS DO not represent or warrant that: (I) the use of the SERVICE will be SECURE, TIMELY, uninterrupted or error-free OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (V) ERRORS OR defects will be corrected, (VI) the SERVICE or the server(S) that make thE SERVICE available are free of viruses or other harmful components. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability. IN NO EVENT SHALL FINDGARAGE.COM’ AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL FINDGARAGE.COM AND/OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF FINDGARAGE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FINDGARAGE.COM’ LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS ARISING UNDER THIS AGREEMENT OR FROM direct, indirect, special, exemplary or consequential damages, including lost profits, arising under this Agreement or from performance thereunder based in contract, negligence, strict liability or otherwise, whether or not it had any knowledge, actual or constructive, that such damages might be incurred.

Additional Rights. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Local Laws and Export Control. findgarage.com controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. findgarage.com makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Submissions. findgarage.com alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service ("Submissions") and you agree to assign such Submissions to findgarage.com free of charge. findgarage.com may use such Submissions as it deems appropriate in its sole discretion.

Notice. findgarage.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in findgarage.com’ account information, or by written communication sent by first class mail to your address on record in findgarage.com’ account information. You may give notice to findgarage.com(such notice shall be deemed given when received by findgarage.com) at any time by any of the following: electronic mail to support@alpsbiz.com; letter sent by confirmed facsimile to findgarage.com at the following fax number: (408) 437-1293; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to findgarage.com at the following address: Alps Technologies, Inc., 250 E. Gish Road, San Jose, CA 95112.

Modification to Terms. findgarage.com reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Beneficiaries. The rights and limitations in this Agreement are also for the benefit of findgarage.com’ licensors, whom shall have the right to enforce its rights hereunder directly and on its own behalf.

General. This Agreement will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in San Francisco, California. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. The English language version of this Agreement shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and findgarage.com as a result of this agreement or use of the Service. The failure of findgarage.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by findgarage.com in writing. This Agreement comprises the entire agreement between you and findgarage.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

© Copyright 1999, 2000 findgarage.com, Inc. All rights reserved.

QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@alpsbizs.com.