Welcome to INGEARDRIVERS.COM. INGEARDRIVERS.COM and its affiliates provide their services to you subject to the following conditions. If you visit or shop at INGEARDRIVERS.COM, you accept these conditions. Please read them carefully. In addition, when you use any current or future INGEARDRIVERS.COM service (e.g., eHelp, Forum, HelpDesk) or purchase from any business affiliated with INGEARDRIVERS.COM, whether or not included in the INGEARDRIVERS.COM Web site, you also will be subject to the guidelines and conditions applicable to such service or business. PRIVACY ELECTRONIC COMMUNICATIONS COPYRIGHT TRADEMARKS LICENSE AND SITE ACCESS YOUR ACCOUNT PROFILE BLOGS, FORUMS, HELPDESK, REVIEWS, COMMENTS AND OTHER CONTENT You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CimQuest INGEAR, LLC or its affiliates for all claims resulting from content you supply. CimQuest INGEAR, LLC has the right but not the obligation to monitor and edit or remove any activity or content. CimQuest INGEAR, LLC takes no responsibility and assumes no liability for any content posted by you or any third party. RISK OF LOSS PRODUCT DESCRIPTIONS PRICING TRIAL VERSIONS LIMITED WARRANTY AND DISCLAIMER. a). Except with respect to a Trial Version of The Software, CimQuest INGEAR, LLC warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, The Software will perform in substantial conformance with the documentation supplied with The Software; and (ii) the physical media on which The Software is furnished, if any, will be free from defects in materials and workmanship under normal use. b). CimQuest INGEAR, LLC PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE TRIAL VERSION OF THE SOFTWARE. THE TRIAL VERSION OF THE SOFTWARE IS PROVIDED "AS IS". c). CimQuest INGEAR, LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. CimQuest INGEAR, LLC HAS NO CONTROL OVER YOUR USE OF THE SOFTWARE. CimQuest INGEAR, LLC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY ITS USE. CimQuest INGEAR, LLC IS NOT RESPONSIBLE FOR PROBLEMS ASSOCIATED WITH OR CAUSED BY INCOMPATIBLE OPERATING SYSTEMS OR EQUIPMENT, OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE WITH OTHER SOFTWARE (INCLUDING SOFTWARE DEVELOPMENT TOOLS) NOT FURNISHED BY CimQuest INGEAR, LLC. CimQuest INGEAR, LLC DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE ACCURACY AND TIMELINESS OF THE DATA CONTAINED IN THE SOFTWARE AND CimQuest INGEAR, LLC SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER TO YOU, OR TO ANY OTHER PARTY, ON ACCOUNT OF ANY INACCURACIES, INCLUDING ANY LIABILITY FOR NEGLIGENCE, IN OR UNTIMELINESS OF THE DATA, OR FOR ANY DELAY IN REPORTING SUCH DATA CONTAINED IN THE SOFTWARE. VARIOUS INFORMATION IN THE SOFTWARE CONSTANTLY CHANGES, AND THE INFORMATION IN THE SOFTWARE IS ONLY AS OF A PARTICULAR DATE. CimQuest INGEAR, LLC DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. CimQuest INGEAR, LLC IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY ACCIDENT, ABUSE, MISHANDLING, ALTERATION, OR IMPROPER USE. CimQuest INGEAR, LLC DOES NOT WARRANT OR GUARANTEE THE SUITABILITY OF THE SOFTWARE OR THAT IT WILL MEET YOUR REQUIREMENTS. d). IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. e). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CimQuest INGEAR, LLC, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. f). (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. EXCLUSIVE REMEDY. Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to CimQuest INGEAR, LLC no more than ninety (90) days following delivery to you, CimQuest INGEAR, LLC will use reasonable commercial efforts to supply you with a replacement copy of The Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. CimQuest INGEAR, LLC shall have no responsibility if The Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION. LIMITATION OF LIABILITY. a). NEITHER CimQuest INGEAR, LLC NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CimQuest INGEAR, LLC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. b). CimQuest INGEAR, LLC'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. c). (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. d). THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA. INDEMNITY. You agree to hold CimQuest INGEAR, LLC harmless against, and at your expense handle and defend, any claim and defend any suit brought against you based upon an allegation that the use of The Software furnished pursuant to this EULA constitutes an infringement of any United States patent or any copyright or other proprietary or intellectual property right. You shall pay all damages and costs awarded in such suit. GOVERNING LAW/JURISDICTION. This Agreement is governed by the laws of the Commonwealth of Pennsylvania. The parties expressly consent to the personal jurisdiction of the Commonwealth of Pennsylvania and, if applicable, the federal courts for the Eastern District of Pennsylvania and agree to venue in those courts, and further agree that this Agreement shall be construed, performed and interpreted in accordance with, and governed by, the laws of the Commonwealth of Pennsylvania, excluding the Pennsylvania principles of conflicts of law. English shall be the single language used to interpret this Agreement. FURTHER INSTRUMENTS. Except as otherwise expressly provided in this Agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged and delivered to the other) any further instruments, which such other party may reasonably require or deem necessary from time to time to evidence, establish, protect, enforce, defend or secure to such other party any or all of its rights hereunder or to more effectuate or carry out the purposes, provisions or intent of this Agreement. CAPTIONS. All indexes, titles, subject headings, section titles, and similar items are provide for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of this Agreement. INJUNCTURE. Because CimQuest INGEAR, LLC would be irreparably damaged if the Terms of this Agreement were not specifically enforced, you agree that CimQuest INGEAR, LLC shall be entitled without bond, other securities or proof of damages to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as CimQuest INGEAR, LLC may otherwise have under applicable law. DISPUTES SITE POLICIES, MODIFICATION, AND SEVERABILITY OUR ADDRESS |