WORLDPAC Community Forum Policy & Terms of Use
The foregoing are the terms and conditions for your use of the Community Forum. These terms and conditions also incorporate the terms and conditions within the Click-Wrap License Agreement, and all terms and conditions therein and herein shall be interpreted collectively and in their fullest breadth. WORLDPAC, Inc. may be denoted as “we”, “us”, “our”, or “WORLDPAC”; you will be denoted as “you”, “your”, “yourself”, “user”, or “member”.
You understand that these terms and conditions herein may be updated or amended by us from time-to-time, and with or without notice to you. You should check the most recent copy of this policy, available at (http://custmail.wpac.com/forums/policy.html) frequently to see recent changes. We also reserve the right at any time to modify or discontinue, temporarily or permanently, the services or information provided by our website, particularly its Community Forum community features (e.g., forums, private email), with or without notice. We do not actively monitor the contents of posted messages and are not responsible for any messages posted.
We do not vouch for or warrant the accuracy, completeness or usefulness of any message, including information contained therein, posted by any one including you (collectively, “message”) and are not responsible for the contents of any message. Each message expresses the views of the author of the message. We reserve the right to delete any message for any reason whatsoever. You agree that we, in our sole discretion, may terminate your use of our Community Forum, and remove and discard any of your information, for any reason, including without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this policy. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a legal request, or in the event of a complaint or legal action arising from any message allegedly posted by you.
You agree, through your use of this service, that you will not use the Community Forum to post any material which is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violate of any law. You agree not to post any copyrighted material unless you own it. You represent and warrant that you own or otherwise control all of the rights to the information that you submit; that the information is accurate; that use of the information does not violate the letter or spirit of this policy and will not cause injury to any person or entity; that the information is not unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; and that you will indemnify us and our parent and affiliated companies for all claims resulting from any information you supply. You remain solely responsible for the content of your messages, and you agree to indemnify and hold us and our parent and affiliated companies harmless with respect to any claim based upon transmission and/or content of your message(s).
You retain all ownership rights to your message you submit to the Community Forum. However, by submitting the message, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such message throughout the world in any medium.

You shall not share your username or password with anyone.

You may not promote yourself or your product(s) in any area of our website, particularly our Community Forum, except where explicitly stated otherwise. You may not solicit sales for or promote the products, services, or work of any others. You may not use our website, particularly its Community Forum, for the purpose of sending unsolicited commercial email (a.k.a. spam) to other users, or for the purpose of collecting email addresses to spam.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. WE MAKE NO WARRANTY THAT:
    1. THE COMMUNITY FORUM WILL MEET YOUR REQUIREMENTS;
    2. THE COMMUNITY FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
    3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMUNITY FORUM WILL BE ACCURATE OR RELIABLE;
    4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMMUNITY FORUM OR OUR WEBSITE AS A WHOLE WILL MEET YOUR EXPECTATIONS; AND/OR
    5. ANY ERRORS IN THE COMMUNITY FORUM WILL BE CORRECTED
  2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMUNITY FORUM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE COMMUNITY FORUM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR PARENT AND AFFILIATED COMPANIES SHALL NOT BE LIABLE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE COMMUNITY FORUM;
  2. 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 COMMUNITY FORUM AND/OR OUR WEBSITE AS A WHOLE;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR
  5. ANY OTHER MATTER, ACT OR OMISSION.
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 LIMITATIONS IN THIS CAPITALIZED SECTION ABOVE MAY NOT APPLY TO YOU. IF ANY OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.
The failure of us to exercise or enforce any right or provision of this policy shall not constitute a waiver of such right or provision. If any provision of this policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect.
This policy and the conduct of the parties hereunder shall be governed by the laws of the State of California. You and we agree to the sole and exclusive personal jurisdiction of the courts of the United States and of the State of California that are located in Alameda County, California.