TERMS

TERMS OF USE

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE ATLANTA WHEELS SITE BEFORE REGISTERING FOR THE ATLANTA WHEELS ONLINE SITE.

ATLANTA WHEELS is the owner of the website located at www.atlantawheels.net.

These terms of use (Terms of Use) govern your access to and use of the Atlanta Wheels Site generally, together with the Services (as defined below), applications, software, information and Content (defined below) available through the Atlanta wheels Site. The Atlanta Wheels Site is available for your access and use only on the condition that you agree to the Terms of Use. If you do not agree to all of the Terms of Use, do not access or use the Atlanta Wheels Site. By indicating your acceptance of these Terms of Use by clicking on the I Accept buttons provided or otherwise using or accessing any of the Services, applications, software information and Content available through the Atlanta Wheels Site, you or the entity that you are authorized to represent (You or Your or Yourself) signify your acceptance of, and agreement with Atlanta Wheels to be bound by, these Terms of Use. If You do not agree to be bound by these Terms of Use, please exit the Atlanta Wheels Site. If at any time You are no longer authorized to form legally binding contracts under applicable law on behalf of Your employer related to Your use of the Atlanta Wheels Site, You may no longer access and use the Atlanta Wheels Site.

Please note that Your use of other websites provided by Atlanta Wheels may be subject to different terms and policies which shall control as to those websites.

DESCRIPTION OF SERVICES

The ATLANTA WHEELS Site allows you to obtain information from ATLANTA WHEELS and use the services of ATLANTA WHEELS for which you have received authorization, which may include, without limitation: (i) allowing You to conduct searches for products and provide you access to price lists, product availability, and Your account information; (ii) allowing You to print a quote for Your business customers based on information You have provided ATLANTA WHEELS through software applications; (iii) enabling You to place orders directly to local distribution centers; and (iv) enabling you to review product specifications and configure products and product requirements for certain vehicles based on specified data (collectively, "Services"). You acknowledge that certain services offered on the ATLANTA WHEELS Site are premium services and, therefore, you will only have access to and may only use those services if you have paid fees required by ATLANTA WHEELS to receive those services as set forth below in the Fees section below.

OWNERSHIP OF CONTENT

The ATLANTA WHEELS Site and all of its contents, including, but not limited to, all information, text, images, photographs, illustrations, design, icons, video clips, trademarks, copyrighted material, trade dress, software applications, specifications, catalogs, literature, technical information, advertisements and other content or material on the ATLANTA WHEELS Site (Content) are the sole property of ATLANTA WHEELS, its vendors, licensors, licensees or other third parties. The rights in the Content are retained by the owner and are protected by copyright and other applicable law. Any use of any Content or the Services provided on the Site, except as provided in these Terms of Use, without the written permission of ATLANTA WHEELS is strictly prohibited. You are advised that ATLANTA WHEELS reserves the right enforce its intellectual property rights to the fullest extent of the law.

REGISTRATION

Prior to accessing any of the Services, You must complete the ATLANTA WHEELS Online Request Form (Order Form) and be approved for an account by ATLANTA WHEELS. The Order Form is available at http://www.atlantawheels.net. ATLANTA WHEELS will review Your Order Form, and upon ATLANTA WHEELS approval of Your Order Form, will send You a confirmation that Your account has been activated. You agree to provide accurate, complete, current and true registration information about Yourself and Your company (as applicable) at all times throughout the registration process and Your subsequent use of the Services, and to promptly update Your information if any changes to the information occur. If the information You provide is not accurate, complete, current or true, or ATLANTA WHEELS has reason to believe that it is not accurate, complete, current or true, ATLANTA WHEELS may, at its sole discretion, refuse to register You for an account or immediately suspend or terminate Your account, Your access to the Services, and the license granted under these Terms of Use.

USER ACCOUNT AND PASSWORD

Upon approval of Your Order Form, You will receive a password and account designation. Only You, and authorized employees of the company registered for an account (if applicable), are permitted to access and use the ATLANTA WHEELS Site in accordance with these Terms of Use. You are responsible for maintaining the confidentiality of the password and associated account information. You are prohibited from distributing, providing or otherwise making Your password available to any third party, and from downloading or copying any information You access on the ATLANTA WHEELS Site for the benefit of any third party. You are also responsible for any and all activities that occur under Your password and account and any obligation which may result from such use. You agree to (a) immediately notify ATLANTA WHEELS and Your ATLANTA WHEELS local distribution center of any unauthorized use of Your account or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. If You believe Your password has been stolen or might otherwise be misused, You are responsible for changing Your password.

LICENSE AND USE OF SERVICES

You agree to use the ATLANTA WHEELS Site and Services only for the purposes for which they are designed. Subject to the these Terms of Use, and upon issuance of the appropriate password, user ID, and account designation, ATLANTA WHEELS grants You a limited, personal, nontransferable, non-sublicensable, revocable license to access and make informational use of the ATLANTA WHEELS Site, Services, and Content, solely for those business purposes permitted by ATLANTA WHEELS, which may include, without limitation, obtaining product information and specifications for Your own business use, for the purpose of supplying quotes to Your business customers and to place orders directly to ATLANTA WHEELS distribution centers. In accordance with the limited license granted above, You may view, copy and print individual pages from the ATLANTA WHEELS Site, but You may not download (other than page caching) or modify the Content. Except for the limited license, ATLANTA WHEELS does not convey to you any right or interest in the ATLANTA WHEELS Site, Services, Content or information available through the ATLANTA WHEELS Site or software applications.

LIMITATIONS ON LICENSE

All rights not expressly granted to You under these Terms of Use are reserved and retained by ATLANTA WHEELS. You shall not, directly or indirectly, without the express written consent of ATLANTA WHEELS, (i) copy, reproduce, modify, create derivative works from, adapt or translate the ATLANTA WHEELS Site or any Content; (ii) reverse engineer, decompile, or disassemble any software or technology provided in connection with the ATLANTA WHEELS Site; (iii) offer for sale, sell, distribute, transfer, assign, sublicense, lend or encumber the ATLANTA WHEELS Site software or any license or right granted in these Terms of Use or otherwise make any resale use of the ATLANTA WHEELS Site or Content; (iv) insert a virus, trojan horse or other disabling mechanism; (v) collect and use or aggregate any product listings, descriptions, or prices; (vi) make any derivative use of the ATLANTA WHEELS Site or Content; (vii) use data mining, robots, or similar data gathering and extraction tools in connection with the ATLANTA WHEELS Site; (viii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form); or (ix) use any meta tags or any other "hidden text" utilizing ATLANTA WHEELSs name or trademarks. Any unauthorized use may result in termination or suspension of Your account or access to the ATLANTA WHEELS Site.

You are further prohibited from using the ATLANTA WHEELS Site or any of its Contents (i) to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (ii) for any purpose that is unlawful or prohibited by these Terms of Use; (iii) in any manner which could damage or disparage ATLANTA WHEELS, (iv) in any manner that could disable, overburden, or impair the ATLANTA WHEELS Site or interfere with any other party's use and enjoyment of the ATLANTA WHEELS Site; or (v) to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ATLANTA WHEELS Site. Tampering with the ATLANTA WHEELS Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the ATLANTA WHEELS Site are strictly prohibited. ATLANTA WHEELS will fully cooperate with any law enforcement authorities or any court order requesting or directing ATLANTA WHEELS to disclose the identity of anyone posting or transmitting any such information or materials. Any advertising or commercial solicitation on the ATLANTA WHEELS Site is prohibited, except with the prior written permission of ATLANTA WHEELS.

TERMINATION OF ACCESS TO THE ATLANTA WHEELS SITE

In addition to other access termination rights set forth in these Terms of Use, ATLANTA WHEELS may terminate Your license to use the ATLANTA WHEELS Site and may prevent access by You to the ATLANTA WHEELS Site in its sole discretion, at any time upon thirty (30) days prior written notice to You. ATLANTA WHEELS may immediately suspend Your rights hereunder and Your access to and use of the ATLANTA WHEELS Site without notice and may terminate Your account license to the ATLANTA WHEELS Site if any of the following events occur: (i) You fail to pay any Fees, charges, or costs when due; (ii) ATLANTA WHEELS determines that You have breached any obligation, representation or warranty of these Terms of Use; or (iii) if You notify ATLANTA WHEELS in writing or by any action, of Your refusal to accept any modification by ATLANTA WHEELS to these Terms of Use.

EQUIPMENT

In order to use the ATLANTA WHEELS Site, You must obtain access to the Internet. You are responsible for providing Your own Internet access. You shall be responsible for obtaining and maintaining all telephone, computer hardware, modems and other equipment needed for access to and use of this Site and all charges related thereto including but not limited to telephone access charges and internet service fees. ATLANTA WHEELS is not responsible for providing You with Internet access or for any failure of Your Internet service provider. You shall pay, and be responsible for any and all sales taxes, use taxes and any other taxes imposed by any jurisdiction as a result of (i) Your access to the ATLANTA WHEELS Site; (ii) the performance of any of the provisions of these Terms of Use; and (iii) the transfer of any rights or any other grant hereunder.

LICENSEE INFORMATION

You grant ATLANTA WHEELS a perpetual, irrevocable, worldwide, nonexclusive, royalty-free, fully paid-up right and license to any information You provide to the ATLANTA WHEELS Site to (i) produce, transmit, perform, display, access and use Your information as ATLANTA WHEELS deems necessary to provide the Services and fulfill orders, etc.; (ii) to conduct analyses in order to make or offer changes or enhancements to services, features or functionalities available from ATLANTA WHEELS; and (iii) to perform statistical analyses of Your behavior, characteristics and experience in order to measure actual or potential interest in or use of various features, functionalities, or offerings.

FEEDBACK AND SUBMISSIONS.

ATLANTA WHEELS encourages You to report to ATLANTA WHEELS any defects, errors, or faults You find in the ATLANTA WHEELS Site or with any Services, relating to any access or use of the Site, or any exchange of information or data therewith. Such report should document, to the best of Your ability, the events that led up to the problems(s) with the ATLANTA WHEELS Site and the manifestations of such problem(s). ATLANTA WHEELS also encourages You to inform ATLANTA WHEELS of Your opinions regarding the design of the ATLANTA WHEELS Site and Services, its performance, its suitability for its projected use, its limitations, its appearance, its ease of access and use and the exchange of information and data with the ATLANTA WHEELS Site. This information and any other comments, information, data or suggestions that You provide to ATLANTA WHEELS shall be collectively referred to herein as Feedback. You acknowledge and agree that ATLANTA WHEELS shall own all rights, title and interest in and to all Feedback, including without limitation, any ideas, concepts, know-how, or techniques contained in such Feedback, and ATLANTA WHEELS shall be free to reproduce, use, disclose, exhibit, display, perform, transform, create derivative works based on such Feedback, distribute, offer for sale, sell, transfer and assign such Feedback to others, without limitation. ATLANTA WHEELS shall have no obligation to keep confidential any Feedback. This section does not affect Your obligation to keep such Feedback confidential pursuant to the confidentiality requirements of these Terms of Use.

LICENSEE REPRESENTATIONS

Licensee represents and warrants that (i) You are an individual that resides in, or a business entity with, a principal place of business in the Territory; (ii) You are authorized to agree to these Terms of Use and perform the obligations set forth in these Terms of Use; (iii) You will only use the Services solely for the purpose authorized pursuant to these Terms of Use; (iv) You will not provide any information You obtain from the ATLANTA WHEELS Site to third parties, other than as quotes to Your business customers, and (v) all information provided to ATLANTA WHEELS in connection with these ATLANTA WHEELS Site, including, without limitation, registration information and content is true, correct and accurate. PRODUCT, SERVICE AND TECHNICAL INFORMATION ON THE ATLANTA WHEELS SITE. ATLANTA WHEELS has made a conscientious effort to display and describe the products, services and related specifications available on the ATLANTA WHEELS Site accurately and completely. However, the detail and accuracy of the image and specifications of products that You see as a visitor to the ATLANTA WHEELS Site will depend on a number of things, including Your computer equipment and Internet connections. Consequently, ATLANTA WHEELS cannot and does not guarantee that the product images, services or specifications displayed or described to You on the ATLANTA WHEELS Site are or will remain accurate in every detail. Furthermore, ATLANTA WHEELS is constantly updating the products services depicted on the ATLANTA WHEELS Site in response to the technological advancements made in the industry. You agree that the technical information, opinions, recommendations and other information made available to You on the ATLANTA WHEELS Site and other sites to which the ATLANTA WHEELS Site is linked, including recommendations regarding product selections, are not reasonable substitutes for thorough consultation with appropriately trained professionals familiar with Your particular needs and circumstances.

The products and services depicted on the ATLANTA WHEELS Site are available only while supplies last. ATLANTA WHEELS reserves the right to discontinue the offering for sale of any product or service at any time, without notice. ATLANTA WHEELS is not a party to any sales or other transaction that You may make with a customer by phone, online, or otherwise. ATLANTA WHEELS, therefore, does not guarantee that any customer will honor any commitment, promise, or other obligation to You.

YOU ACKNOWLEDGE THAT ANY QUOTES PROVIDED BY THE ATLANTA WHEELS SITE ARE VALID ONLY UNTIL MIDNIGHT EASTERN STANDARD TIME OF THE DAY YOU REQUESTED THE QUOTE. ATLANTA WHEELS IS NOT RESPONSIBLE FOR ANY PRICE CHANGE THAT OCCURS AFTER THAT TIME.

CONFIDENTIALITY:

You acknowledge and agree that the ATLANTA WHEELS Site contains valuable trade secrets and confidential information owned by ATLANTA WHEELS, including but not limited to, the cost to ATLANTA WHEELS of the products and services offered for sale on the ATLANTA WHEELS Site, the development status of the ATLANTA WHEELS Site software, the features, operation, security features, performance, capabilities, and functionality of the ATLANTA WHEELS Site software, content and flow of the ATLANTA WHEELS Site software screens, the method and pattern of use interaction with the ATLANTA WHEELS Site software, the content of the ATLANTA WHEELS Site software documentation. You shall take all reasonable precautions to prevent disclosure of the confidential information and trade secrets of ATLANTA WHEELS and shall not, for or on behalf of Yourself or any other person, directly or indirectly, use or disclose such confidential information or trade secrets except (i) as expressly authorized under this these Terms of Use; (ii) as authorized in writing by ATLANTA WHEELS; or (iii) as required by law or a governmental agency; provided ATLANTA WHEELS is first notified of such order or request and is given a reasonable opportunity to oppose or limit such court order or other governmental requirement. If You have executed a Non-Disclosure Agreement with ATLANTA WHEELS relating to the subject matter of the ATLANTA WHEELS Site, such Non-Disclosure Agreement shall take precedence over this provision, to the extent such Non-Disclosure Agreement conflicts with these Terms of Use.

Within ten (10) business days following termination or suspension of the license granted to You under these Terms of Use, You must deliver to ATLANTA WHEELS all materials provided to You in connection with the ATLANTA WHEELS Site, including without limitation, any copies or derivatives there from, or certify that all such materials in the Your possession have been permanently and irretrievably destroyed.

The covenants of confidentiality set forth in these Terms of Use will continue and must be maintained during Your use of the ATLANTA WHEELS Site and (1) with respect to trade secrets, at any and all times after the expiration or termination of Your license under these Terms of Use during which such trade secrets retains their status as a "trade secret" under applicable law; and (2) with respect to confidential information, for the longer of a period equal to two (2) years after the expiration or termination of Your license under these Terms of Use or until such confidential information no longer qualifies as confidential under applicable law, whichever is later.

THIRD PARTIES

The ATLANTA WHEELS Site may contain products and services offered by, and hypertext links to websites (Linked Sites) owned or operated by, parties other than ATLANTA WHEELS. Such products, services and links are provided for Your convenience only. ATLANTA WHEELS is not responsible for examining or evaluating, and does not warrant the offerings of, any of these third parties, and does not control the content or privacy policies on, or the security of such sites. Without limiting the foregoing, ATLANTA WHEELS specifically disclaims any responsibility if such Linked Sites infringe any third party's rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. ATLANTA WHEELS does not endorse the content, or any products or services available, on such Linked Sites. If You establish a link to such Linked Sites, You do so at Your own risk and without the recommendation or permission of ATLANTA WHEELS. Any concerns regarding any product or service offered by a Linked Site or the link itself should be directed to the operator of that specific site and not to ATLANTA WHEELS.

LINKS TO THE ATLANTA WHEELS SITE

You agree not to establish a hypertext link to the ATLANTA WHEELS Site or any pages hereof without ATLANTA WHEELS prior written consent.


LIMITATION OF LIABILITY

YOUR USE OF THE ATLANTA WHEELS SITE IS AT YOUR OWN RISK AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE ATLANTA WHEELS SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT AND SERVICES. IN NO EVENT SHALL ATLANTA WHEELS BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE ATLANTA WHEELS SITE, DOWNLOAD OF ANY CONTENT OR ANY ACCESS TO LINKED SITES. UNDER NO CIRCUMSTANCES SHALL ATLANTA WHEELS, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ATLANTA WHEELS SITE, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA, INJURY, ILLNESS OR DEATH, AND ANY SUCH DAMAGES INCURRED BY ANY THIRD PARTY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE ATLANTA WHEELS SITE, CONTENT OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES). IN NO EVENT SHALL ATLANTA WHEELSS OR ANY OF ITS THIRD PARTY PROVIDERS LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF THE CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT OF FEES PAID BY YOU FOR ACCESS TO THE ATLANTA WHEELS SITE FOR THE PRECEDING TWELVE (12) MONTH PERIOD IN THE AGGREGATE. IF You are dissatisfied with any portion of the ATLANTA WHEELS Site, or with any of these Terms of Use, except as set forth above, Your sole and exclusive remedy is to discontinue using the ATLANTA WHEELS Site.

INDEMNIFICATION BY YOU

You agree to indemnify, defend and hold harmless ATLANTA WHEELS, its employees, directors, officers, agents, parents, subsidiaries and affiliates from and against any and all claims, demands, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to Your unauthorized use of the ATLANTA WHEELS Site or the material provided therein, any breach by You of these Terms of Use and any claim that You have violated anothers privacy rights by collecting or using information about that person.

EXPORT CONTROL

Software and other materials from the ATLANTA WHEELS Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No ATLANTA WHEELS Site software may be downloaded or exported (a) into any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. ATLANTA WHEELS does not authorize the downloading or exportation of any software or technical data from the ATLANTA WHEELS Site to any jurisdiction prohibited by the United States Export Laws.

ELECTRONIC COMMUNICATIONS

When You visit the ATLANTA WHEELS Site or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically.

NOTICES

ATLANTA WHEELS may provide notices to You by email or regular mail. Such notices may include changes to the Services or these Terms of Service, and may refer to relevant links on the community intranet website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

REVISIONS TO THE TERMS

ATLANTA WHEELS may at any time and without notice revise these Terms of Use by updating this posting. You are bound by any such revisions by accessing and/or using the ATLANTA WHEELS Site following such revisions and should therefore periodically visit this page to review the current Terms of Use.

QUESTIONS & COMPLAINTS

ATLANTA WHEELS hopes that You are fully satisfied with the ATLANTA WHEELS Services. Should You have any questions about the Services or be dissatisfied with any aspect of the Services, please email Your question or complaint to mailto: maxcaba@atlantawheels.net.

VIOLATIONS OF TERMS AND CONDITIONS OF SERVICE

Should You become aware of any violations of these Terms of Use, please email reports of such violations to mailto: maxcaba@atlantawheels.net with the word violation in the subject of Your message.

INJUNCTIVE RELIEF

If You breach or threaten to breach these Terms of Use, You acknowledge and agree that ATLANTA WHEELS will be greatly and irreparably damaged and that the damage will be difficult to quantify. Therefore, ATLANTA WHEELS may apply to any court of competent jurisdiction for injunctive or equitable relief under this specific provision. Such a determination will not impair, invalidate, negate or void ATLANTA WHEELS rights to relief in law or equity.

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