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GENERAL TERMS, CONDITIONS AND NOTICES Effective February 1, 2001 The following terms and conditions govern your use of the FAD Web Site and pages (collectively the "FAD Web Site") and the materials available therein ("Materials"): 1. INTRODUCTION. 1.01 FAD (hereinafter "FAD") makes available the FAD Web Site, as it may exist from time-to-time, to all end users who pay a monthly service fee to subscribe to the FAD Web Site ("Members"). By using the FAD Web Site or by establishing an account with FAD, you agree to be bound by and comply with the terms and conditions contained herein. If you do not agree to these terms and conditions, including any future revisions hereof, you may not use the FAD Web Site. Furthermore, if you are a current Member and you do not agree to these terms and conditions, including any future revisions hereof, you must terminate your use of the FAD Web Site. 2. SUBSCRIPTION REQUIREMENTS. 2.01 To become a Member, you must be at least 18 years old. Members are responsible
for obtaining, maintaining and paying for their own Internet connection with
an Internet service provider ("ISP") of their choice. Local access
dial-up numbers may not be available in all areas. Members are solely responsible 3. OBLIGATIONS OF A MEMBER. 3.01 Members must maintain a minimum of Two Thousand Five Hundred And No/100th Dollars ($2,500.00) per month in purchases with FAD in order to maintain the users login and password. 3.02 Delinquent accounts may be suspended or canceled at FAD's sole discretion. FAD may bill a service fee to reinstate a suspended account. 4. LICENSE; RESTRICTIONS ON USE. 4.01 Members are granted a nonexclusive, nontransferable, limited license to access the FAD Web Site and Materials from time-to-time made available. This license includes:
4.01.02 The right to obtain a printout of Materials via printing commands of the FAD Web Site ("Authorized Printout"). 4.02 To the extent permitted by applicable copyright law, you may make copies
of the Authorized 4.03 Except as specifically provided in Sections 4.01 and 4.02, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using Materials retrieved from the FAD Web Site. 4.04 All right, title, and interest (including all copyrights and other intellectual
property rights) in the FAD Web Site and Materials (in both print and
machine-readable forms) belong to the provider of the FAD Web Site or
its third party suppliers of materials. You acquire no proprietary interest
in the 4.05 Except as specifically provided herein, you may not use the FAD
Web Site or Materials retrieved from the FAD Web Site in any fashion
that infringes the copyrights or proprietary 4.06 Members may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the FAD Web Site. 4.07 Other provisions that govern use of Materials are set forth in the Supplemental
Terms for Specific Materials, online descriptions of files, online notices following
file selection, and individual documents 5. ACCESS TO SERVICES. 5.01 Only Members authorized by FAD may access and use the FAD Web Site. 5.02 Members will be issued a user name and password at the time of subscription. Multiple log-ons by a user are not permitted. Additional user names and passwords will be issued to a Member for an additional subscription price as established from time-to-time. 5.03 Members are responsible for maintaining the confidentiality of their user name(s) and password(s) so as to assure that only authorized users access the FAD Web site through a Member's account. Members must notify FAD within twenty-four (24) hours of discovering any unauthorized use of their account. User names and passwords are the sole property of FAD and FAD may replace them at any time. 5.04 Members may be restricted from accessing certain Materials otherwise available in the FAD Web Site. 5.05 Materials may be added to or withdrawn from the FAD Web Site and the FAD Web Site and otherwise changed without notice. 5.06 Members may access all public domain manufacturer's service materials posted on the FAD Web Site, from time-to-time, without additional charge. 6. TERMINATION/ACCESS RESTRICTION. 6.01 FAD specifically reserves the right, in its sole discretion, to terminate a Member's access to the FAD Web Site and the related services or any portion thereof at any time, without notice. 6.02 A Member may terminate their subscription to the FAD Web Site
upon thirty (30) days advance notice with termination of charges to be effective
as of the last day of the month following the
7.01 FAD represents and warrants that it has the right and authority to make the FAD Web Site and Materials available pursuant to these General Terms and Conditions. 7.02 FAD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, "AS AVAILABLE" BASIS AND FAD AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 7.03 THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE 7.04 IN NO EVENT SHALL FAD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
8.01 These General Terms and Conditions may be changed from time-to-time. Charges
and 8.02 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the FAD Web Site. Notices shall be deemed to have been properly given on the date deposited in the U.S. Mail, if mailed; on the date first made available, if displayed in the FAD Web Site; or on the date received, if delivered in any other manner. Notices to FAD should be sent to FAD, Customer Service, 2230-31st Street South, St. Petersburg, FL 33712. 8.03 The failure of FAD or any third party supplier of Materials to
enforce any provision hereof shall not constitute or be construed as a waiver
of such provision or of the right to enforce it at a later 8.04 The Member may not assign its rights or delegate its duties under the
subscription to access 8.05 This agreement is governed by the State of Florida, U.S.A., without regard
to conflict of laws 9. COPYRIGHT AND TRADEMARK NOTICES. 9.01 FAD is a registered fictitious name of Florida Automotive Distributing,
Inc., a Florida 10. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. 10.01 Pursuant to Title 17, United States Code, Section 512(c)(2),notifications
of claimed copyright FAD ONLINE PRIVACY PRINCIPLES You don't want your personal information to fall into the wrong hands. Neither does FAD. When you visit the FAD Web Site, we may collect and store information
about your visit. This When registering to use our web site we may request that you provide us with
information about you and your The FAD Web Site may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a web site can send to your browser, which may then store the cookie on your hard drive. So, when you come back to visit us again, we can tailor information to suit your individual preferences. The goal is to save you time and provide you with a more meaningful visit. You take online privacy seriously, and so does FAD. It's our way of sustaining your trust in FAD and our products and services. FAD reserves the right to alter our privacy principles as business
needs require. Any alterations to |