Terms & Conditions
Statement of Rights and ResponsibilitiesThis Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Winning Ride. By using or accessing Winning Ride, you agree to this Statement.
2. Sharing Your Content and InformationYou own all of the content and information you post on winning Ride, In addition: 1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Winning Ride ("IP License"). 2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). 3. When you publish content or information, it means that you are allowing everyone, including people off of Winning Ride, to access and use that information, and to associate it with you (i.e., your name and profile picture). 4. We always appreciate your feedback or other suggestions about Winning Ride, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. SafetyWe do our best to keep Winning Ride safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments: 1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Winning Ride. 2. You will not collect users' content or information, or otherwise access Winning Ride, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Winning Ride. 4. You will not upload viruses or other malicious code. 5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user. 7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Winning Ride without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws. 9. You will not use Winning Ride to do anything unlawful, misleading, malicious, or discriminatory. 10. You will not do anything that could disable, overburden, or impair the proper working of Winning Ride, such as a denial of service attack. 11. You will not facilitate or encourage any violations of this Statement. 12. Violation of any of the foregoing can and will result in the termination of your account with or without notice.
4. Registration and Account SecurityWinning Ride users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You will not provide any false personal information on Winning Ride, or create an account for anyone other than yourself without permission. 2. You will not create more than one personal profile. 3. If we disable your account, you will not create another one without our permission.4. You will not use your personal profile for your own commercial gain. 5. You will keep your contact information accurate and up-to-date. 6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 7. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission. 8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). 9. Violation of any of the foregoing can and will result in the termination of your account with or without notice.
6. You will not post anyone's identification documents or sensitive financial information 1. on Winning Ride. 2. You will not send email invitations to non-users without their consent.
7. Amendments 1. We can change this Statement at any time and for any reason.
8. Termination 1. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Winning Ride to you.
9. Disputes 1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Winning Ride exclusively in a state or federal court located in Dekalb County in Illinois. The laws of the State of Illinois will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Dekalb County, Illinois for the purpose of litigating all such claims. 2. If anyone brings a claim against us related to your actions, content or information on Winning Ride, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 3. WE TRY TO KEEP WINNING RIDE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WINNING RIDE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WINNING RIDE WILL BE SAFE OR SECURE. WINNING RIDE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR WINNING RIDE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR WINNING RIDE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WINNING RIDE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Special Provisions Applicable to Users Outside the United StatesWe strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: 1. You consent to having your personal data transferred to and processed in the United States. 2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Winning Ride (such as advertising or payments) or operate a Platform application or website.
11. Definitions 1. By "Winning Ride" we mean the features and services we make available, including through (a) our website at www.winningride.com and any other Winning Ride branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed. 2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Winning Ride or provide data to us. 3. By "information" we mean facts and other information about you, including actions you take. 4. By "content" we mean anything you post on Winning Ride that would not be included in the definition of "information." 5. By "data" we mean content and information that third parties can retrieve from Winning Ride or provide to Winning Ride through Platform. 6. By "post" we mean post on Winning Ride or otherwise make available to us (such as by using an application). 7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 8. By "active registered user" we mean a user who has logged into Winning Ride at least once in the previous 30 days.
12. Other 1. This Statement is an agreement between you and Auto Meter Products, Inc. References to “us,” “we,” and “our” mean Auto Meter Products, Inc. 2. This Statement makes up the entire agreement between the parties regarding Winning Ride, and supersedes any prior agreements. 3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. 4. If we fail to enforce any of this Statement, it will not be considered a waiver. 5. Any amendment to or waiver of this Statement must be made in writing and signed by us. 6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 8. Nothing in this Statement shall prevent us from complying with the law. 9. This Statement does not confer any third party beneficiary rights. 10. You will comply with all applicable laws when using or accessing Winning Ride.