The internet and social media websites are constantly changing the way communications occur and information sharing is now easier, and faster, than ever before. Hard Core Pontiac Promotions, LTD. embraces these modern means of communication, and we choose to participate in them as a means of truthfully and accurately communicating with the Pontiac community, the media, and the public in general.
1. Acceptance of Terms
We have created these terms of use to govern your use and access of www.fastestpontiacever.com (the Website) and our related social media sites (Agreement). The following are terms of a legal agreement between you and Hard Core Pontiac Promotions, LTD. Hard Core Pontiac Promotions, LTD. and its affiliated third parties including those acting on our behalf as we provide this Website and its products and services to you. Affiliated third parties may include companies who perform services for Hard Core Pontiac Promotions, LTD.
By accessing, browsing and/or using this Website you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
If you do not agree with these terms, please do not use this Website (www.fastestpontiacsever.com). In using this Website, you represent and warrant that you are at least 16 years of age and have any and all permissions necessary to enter into and be bound by this Agreement.
Hard Core Pontiac Promotions, LTD. may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. We remind you to review the Agreement periodically to be aware of such modifications and your continued access or use of the services will be considered acceptance of the modified Agreement.
2. Trademarks and Copyright
Unless otherwise indicated, all marks displayed on the Website are subject to the ownership rights of Hard Core Pontiac Promotions, LTD. The entire contents of this Website, including but not limited to: all text, graphics, logos, button icons, Flash movies, movies, pictures, timeslips, images, audio clips, digital downloads, data compilations, and software, are the property of Hard Core Pontiac Promotions, LTD. (or its content suppliers) and are protected by applicable domestic and international copyright and trademark laws. You may not copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website content or our social media sites (Facebook, Youtube, Twitter, etc.) without the prior express written consent of Hard Core Pontiac Promotions, LTD.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
3. Use Restrictions on the Website Content
The material provided on this Website is protected by law, including, but not limited to, applicable copyright laws. The copyright in all material provided on this Website is held by Hard Core Pontiac Promotions, LTD. or by its respective licensors and vendors (the “Third Party Providers”). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written permission of Hard Core Pontiac Promotions, LTD. or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4. Links to Third-Party Websites and Co-Branded Websites
The Website may contain links to third-party websites, however, please be aware that Hard Core Pontiac Promotions, LTD. is not responsible for and cannot control these other sites. Hard Core Pontiac Promotions, LTD. makes no representations whatsoever about any other website which you may access through our Website. When you access a non-Hard Core Pontiac Promotions, LTD. website, even one that may contain Hard Core Pontiac Promotions, LTD. or fastest Pontiacs ever logos, please understand that it is independent from us, and that we may have no control over the content on that website. In addition, a link to a non-Hard Core Pontiac Promotions, LTD. website does not mean that Hard Core Pontiac Promotions, LTD. endorses or accepts any responsibility for the content, or the use, of such website.
5. License and Content Submission
Your submissions of files including, but not limited to: e-mail, forum postings, flash movies, movies, pictures, images, logos, audio loops, and other software hereby constitutes your agreement to grant Hard Core Pontiac Promotions, LTD. an unrestricted, irrevocable, exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Hard Core Pontiac Promotions, LTD. You also grant Hard Core Pontiac Promotions, LTD. the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
Hard Core Pontiac Promotions, LTD. retains the right at all times to remove any inappropriate content from the Website, any social media sites or any online destination that is controlled by Hard Core Pontiac Promotions, LTD.
6. Use of Service
Harassment in any manner or form on the Website or our social media sites, including via e-mail, forum, blog, chat, or other is strictly forbidden. Impersonation of others, including Hard Core Pontiac Promotions, LTD. or other licensed employee, host, or representative, as well as other members or visitors on the Website, is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is threatening, invasive of privacy or publicity rights, illegal, or otherwise objectionable which may constitute a criminal or civil offense, violate the rights of any party or which may otherwise give rise to liability, or violate any law. You may not upload commercial content on the Website or solicit others to join or become members of any other commercial online service.
Your access to the Website, including the Forums, Blogs, ET Clubs, Elite 10 Clubs, Top 10 NA Clubs or any portion of the Website, is completely at the discretion of Hard Core Pontiac Promotions, LTD., and may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement or other Hard Core Pontiac Promotions, LTD. policies, actions that may lead to liability for Hard Core Pontiac Promotions, LTD., violation of applicable laws or regulations or other reasons determined by Hard Core Pontiac Promotions, LTD.
Your use of the Service and any activities conducted online through the Service shall not violate any applicable Hard Core Pontiac Promotions, LTD. policies, laws, rules or regulations or the rights of Hard Core Pontiac Promotions, LTD., or any third party. Hard Core Pontiac Promotions, LTD. cannot accept any responsibility for any injury or loss that results from inaccurate, unsuitable, offensive, illegal internet communications, or from any other use of the Website in violation of this Agreement or any law. Any incident deemed to be an unauthorized use of this Service is strictly prohibited and may be subject to penalties, civil or criminal liability.
7. Content Review and Take Down
Hard Core Pontiac Promotions, LTD. does not and cannot review all communications, materials posted, or uploaded to the Website or our social media sites, and is not responsible for the content of these communications or materials. You acknowledge that by providing you with the ability to distribute your content on the Website or social media sites, Hard Core Pontiac Promotions, LTD. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website, including the forums or any public areas.
Hard Core Pontiac Promotions, LTD. reserves the right to remove any content, materials or information that you post on our Website or social media sites if we believe it may infringe or violates someone else’s rights or otherwise violates any laws.
Hard Core Pontiac Promotions, LTD. also reserves the right to block or remove communications or materials at any time and without notice that it determines in its sole discretion to be:
(a) abusive, defamatory, or obscene;
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark or; other intellectual property right of another
(d) indecent, obscene or abusive;
(f) offensive or otherwise unacceptable to Hard Core Pontiac Promotions, LTD. at its sole discretion.
Hard Core Pontiac Promotions, LTD. also reserves the right to block or remove communications or materials at any time and without notice at its sole discretion
Any messages, advice, opinions or other information contained in any area of the Website should not be construed as professional advice or instruction. Hard Core Pontiac Promotions, LTD. assumes no responsibility regarding the accuracy of the information that is provided by Hard Core Pontiac Promotions, LTD.and use of such information is at the recipient’s own risk.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hard Core Pontiac Promotions, LTD. with respect to your use of the Website, and agree to indemnify and hold Hard Core Pontiac Promotions, LTD., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
8. Disclaimer
THIS WEBSITE, OUR SOCIAL MEDIA SITES AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THIS WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, HARD CORE PONTIAC PROMOTIONS, LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. HARD CORE PONTIAC PROMOTIONS, LTD. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HARD CORE PONTIAC PROMOTIONS, LTD. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARD CORE PONTIAC PROMOTIONS, LTD. SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, DOWNLOADING MATERIALS OR CONTENT FROM THE WEBSITE OR SOCIAL MEDIA SITES. IN NO EVENT SHALL HARD CORE PONTIAC PROMOTIONS, LTD. BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF HARD CORE PONTIAC PROMOTIONS, LTD. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST HARD CORE PONTIAC PROMOTIONS, LTD. INCLUDING FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WEBSITE. YOU AGREE TO HOLD HARD CORE PONTIAC PROMOTIONS, LTD. ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE HARD CORE PONTIAC PROMOTIONS, LTD. OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE HARD CORE PONTIAC PROMOTIONS, LTD. WEBSITE (WWW.FASTESTPONTIACSEVER.COM) OR SOCIAL MEDIA SITES.
10. Indemnification
You agree to indemnify, defend, and hold harmless Hard Core Pontiac Promotions, LTD., its officers, directors, employees, agents, licensors, suppliers, and Licensors (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any breach of this Agreement, any Hard Core Pontiac Promotions, LTD. policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account or any action by you with respect to your use of the Website or social media sites that violates any law, regulation or any of our policies.
11. Term; Termination
This Agreement shall commence upon your accessing the Website. This Agreement may be terminated by Hard Core Pontiac Promotions, LTD. without notice at any time for any reason and may be terminated by you upon notice to Hard Core Pontiac Promotions, LTD. at any time for any reason. The provisions on Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive termination of this Agreement.
12. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of its provisions on conflicts of laws. In respect of any dispute, controversy or claim relating to this Agreement, the use of this Website, or the services or products provided through this Websites, any such dispute shall be decided by binding arbitration under the rules of the American Arbitration Association in Summit County, Ohio under its Arbitration Rules in Summit County, Ohio, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The decision of the arbitrator(s) shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. Hard Core Pontiac Promotions, LTD.’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Hard Core Pontiac Promotions, LTD. may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Hard Core Pontiac Promotions, LTD. contrary to those set forth above. Hard Core Pontiac Promotions, LTD. may deliver notice to each user by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to such User’s address on record in Hard Core Pontiac Promotions, LTD.’s records.
Copyright Notice Updated 1/13/2014
The entire contents of this website, including but not limited to: all text, graphics, logos, button icons, Flash movies, movies, pictures, images, audio clips, digital downloads, data compilations, software, any trademarks, slogans, or other distinctive designs are the property of Hard Core Pontiac Promotions, LTD. or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Hard Core Pontiac Promotions, LTD. This includes all materials contained within the Hard Core Pontiac Promotions website (www.hardcorepontiacpromotions.com), within the Website (www.fastestpontiacsever.com), as well as all material contained in any product flyers, event flyers, and/or catalogs prepared by Hard Core Pontiac Promotions, LTD. All are protected by copyright and are owned and/or controlled by Hard Core Pontiac Promotions, LTD. and/or its licensors and/or assigns. Your misuse of any information and or Trademarks displayed on the website, or any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited. Hard Core Pontiac Promotions, LTD. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties’ rights, please contact us immediately at hardcorepontiacpromotions@gmail.com to notify us of this infringement.
Your submissions of files including, but not limited to: e-mail, flash movies, movies, pictures, images, logos, audio loops, timeslips, and other software hereby constitutes your agreement to grant Hard Core Pontiac Promotions, LTD. an unrestricted, irrevocable, exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Hard Core Pontiac Promotions, LTD. You also agree that Hard Core Pontiac Promotions, LTD. is free to use any ideas, concepts, know-how or techniques that are sent to us for any purpose.
Shipping – Hard Core Pontiac Promotions, LTD. uses United Parcel Service or USPS on all items under 150 lbs. Items over 150 lbs. will be sent truck freight. All Hard Core Pontiac Promotions, LTD. products are sold F.O.B. Hard Core Pontiac Promotions, LTD. and shipped the fastest, most economical method, unless otherwise specified and are paid by the customer. F.O.B. means TRANSFER OF OWNERSHIP; when Hard Core Pontiac Promotions, LTD. releases products to a common carrier any claims for loss or damage should be filed with the carrier and NOT Hard Core Pontiac Promotions, LTD. All expenses resulting from refused shipments will be the responsibility of the customer and NOT Hard Core Pontiac Promotions, LTD. All shipping charges noted on the website are for USA orders only! Orders placed outside of the USA may be subject to additional shipping charges.
Damaged Goods – Hard Core Pontiac Promotions, LTD is not responsible for any damage from shipping / delivery, “in transit”. Freight Claims for damage, shortage or loss MUST be made immediately WITH THE CARRIER. You must note any substantial damage to a package upon receipt of the shipment with the carrier. All shipments are insured with the carrier / freight company and all claims for damaged goods must be made through the carrier / freight company. Hard Core Pontiac Promotions, LTD. ships items F.O.B. and cannot make these freight claims for you. We will, however, provide any assistance possible to help you with your recovery efforts.
Missing Items – If anything is missing from your shipment, contact us immediately. You must check each package as soon as you receive it. Any missing component must be reported within 3 days of receipt of the product. Claims made after 3 days will not be honored.
Returned Goods – All returned goods must be preapproved and accompanied by the original sales receipt. All returns must receive a “return authorization” from Hard Core Pontiac Promotions, LTD. either by phone or email. This number must be presented on the return for processing. Returns are NOT accepted on ANY custom items. All returns will be inspected for damage and or modification / alteration. ANY ITEM MODIFIED FROM ITS ORIGINAL FORM WILL NOT BE ACCEPTED AS A RETURN. All returns must be sent to Hard Core Pontiac Promotions, LTD. freight prepaid and insured. A restocking fee of up to 20% may be applied. No refunds are given for shipping charges. ALL SALES ARE FINAL AFTER 30 DAYS.
Hard Core Pontiac Promotions, LTD. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Amendments and or changes to the Agreement will take effect immediately upon being posted to the website. All prices subject to change without notice.
