WEBSITE CONDITIONS OF USE
AR PERFORMANCE IS NOT AFFILIATED WITH NOR ENDORSED BY BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT, BMW CANADA, INC., BMW OF NORTH AMERICA, LLC OR ANY OTHER AFFILIATE OR SUBSIDIARY OF BMW AG. RIGHTS TO THE TRADEMARKS OF BMW ARE NEITHER CLAIMED NOR IMPLIED.
NOTICE. PLEASE READ THESE CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THESE CONDITIONS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE CONDITIONS, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
ELECTRONIC COMMUNICATIONS
When you visit www.arperformance.citymax.com, (referred to as ARP in this document) or any pages thereof, or send e-mails, you are communicating electronically.You consent to receive communications from ARP electronically. ARP will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that ARP provides to you electronically satisfies any legal requirement that such communications be in writing.
All content included on this site, such as text, documents, notes, pictures, images, brochures, graphics, button icons, audio clips and data compilations, is the property of ARP or its content suppliers and protected by Canadian and international intellectual property laws. ARP grants you a limited license to access and make personal use of this site and not to modify it, or any portion of it, except with express prior written consent. This license does not include any resale or commercial use of this site or its contents, any derivative use of this site or its contents, or any use of data mining, robots, spiders, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose without express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) without express prior written consent. You may not use any metatags or any other hidden text utilizing name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or any other pages, so long as the link does not portray ARP, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. By submitting anything to ARP (including, without limitation, pictures of your Mini), you grant ARP an irrevocable, perpetual and royalty-free license to reproduce, copy, publish, display, broadcast, distribute, transmit and/or otherwise use such submission, in whole or in part, for promotional purposes including without limitation, advertising, publicity, display, exhibition and editorial use and other purposes of trade, in all territories and in allmanner or media including, without limitation, electronically generated images, alone or together with other materials. You waive all moral rights in and/or to your submission.
PRIVACY
ARP is committed to protecting your privacy. ARP’S goal is to collect, use and disclose only that information reasonably required to enable ARP to administer the website, to make your visit as enjoyable as possible and/or to respond to your inquiries or feedback. If you have provided ARP with contact information, the ARP will maintain the confidentiality of your contact information and use it only for the purposes for which the
ARP has collected it, unless you agree that the ARP may disclose it to other third parties (subject to the exclusions listed below):
1) For kids under age 13, please do not provide any personally identifiable
information (e.g. name, address, email address) without the knowledge
and permission of your parent or guardian. If the ARP learns that you are under 13, the ARP will not maintain any personal information (except as permitted by law) without the verifiable consent of your parent or guardian. This may result in not being able to participate in some of the activities on the website.
2) The information you post, or offer to be posted, in message or guest book is available to others outside of the website. Please remember that whenever you disclose personal information publicly, you may receive unsolicited messages from other parties in return. Also, any information you transmit online will be made public and the ARP cannot control nor is ARP responsible for the use any third parties may make of such information. While the ARP does its best to protect your personal information, we cannot ensure or warrant the security of any information you transmit and you do so at your own risk. The Internet is not a secure medium of communication and privacy cannot be assured. ARP cannot assume any responsibility, nor will ARP be liable, for any damages you or a third party may suffer as a result of the transmission of any information that you make to ARP through the Internet, or as a result of any posting or communication made via this web site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ARP ON AN AVAILABLE BASIS.ARP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARP DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LINKS
ARP makes no representations whatsoever about any other website which you may access through this one. These sites are independent from ARP and ARP has no control over the content on those sites. In addition, a link to website does not mean that ARP endorses or accepts any responsibility for the content, or use, of such website. It is up to you to take precautions to ensure that whatever you selec for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
INDEMNITY
You agree to indemnify and hold ARP, and its subsidiaries, affiliates, officers,
agents, partners, directors and/or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of or from your activities in connection with this site or its contents, including, without limitation, your violation of these Conditions of Use or your violation
of any rights of another.
COOPERATION WITH AUTHORITIES
ARP reserves the right to disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these Conditions, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on this web servers and network. Violations of these Conditions may also subject you to criminal or civil liability or other legal action. You consent to and authorize ARP, its affiliates and agents to cooperate with (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law, and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Conditions.
Such cooperation may include provision of usernames, IP addresses, or other identifying information. ARP may terminate, without notice, your access and use of the site if, in ARP’s sole discretion, you have violated these Conditions. ARP reserves the right to change these Conditions at its sole discretion, and without notice. Changes are effective on the date they are posted. ARP recommends that you print a copy of these Conditions for future reference, and revisit these Conditions from time to time to ensure you are aware of any changes. Your continued use of the site signifies your acceptance of any changed Conditions.
APPLICABLE LAW
By visiting ARP, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ARP.
