About Us. ModifiedPages.com is a service mark of Modified Pages, Inc., a California corporation that owns and operates the website with the URL: www.modifiedpages.com (the “Website).

Definitions. The terms “we” and “us” refer to Modified Pages, Inc. The terms “you” and “user” refer to all individuals and/or entities accessing this Website for any reason.

Modifications. We reserve the right to modify these Terms of Use at anytime, without any notice to you. Such modifications will be effective immediately upon our posting them to the Website. Your continued use of the Website following the effective date of any modification to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s).

Purpose. The purpose of this Website is to create an environment for automotive enthusiasts to gather and interact; share information; buy and sell automotive parts and services.

Proprietary Rights. You acknowledge that you are aware that all of the ModifiedPages.com logos, domain name, and other brand identity materials used on the Website are trademarks of Modified Pages, Inc. You further acknowledge that we own the copyrights in ModifiedPages.com and in our Website and agree that you will not copy or modify the underlying code without our prior express written permission.

Copyrights. You represent and warrant to us that you have not and will not publish any presentation that infringes the copyrights of any person. You will further not permit others to place such material on the Website using your password. You further represent and warrant to us and authorize us to use any presentation you build as a sample on any of our galleries and, to the extent provided for in this Agreement, to add advertising to any such presentation. You further represent and warrant to us that the addition of advertising to any of your presentations (or to presentations added under your password) will not violate the copyrights of any person.

Privacy and Publicity Rights. You represent and warrant to us that none of your presentations will violate the privacy and/or publicity rights of any person and that no such violations will occur by anyone using your password.

Termination or Removal without Cause. We may terminate or suspend your use of our website and/or remove, temporarily or permanently, any presentation you publish at any time without cause and without any liability to you except as provided in this section. If you have paid us on a per presentation basis for a presentation that we remove without cause, we will refund to you a pro-rata portion of the sum you paid us based on the actual termination date versus the full term for which you have made a payment. If you have paid us a subscription fee and we remove a presentation without cause, you may terminate your subscription by notifying us within 30 days of such removal that you wish to terminate your subscription and receive a pro-rata portion of the sum you have paid based on the actual termination date versus the full term. If you do not terminate your subscription as provided above, you will not be entitled to any refund because we remove any of your presentations without cause. There are no refunds on paid directory listings.

Termination or Removal with Cause. If you  violate any of these Terms of Use, we may terminate or suspend your right to  use our Website and/or remove any or all of your presentations at any time without prior notice. If we terminate or suspend or remove your presentations on this basis, you will not be entitled to any refund of any sum you have paid us.

Rules. You agree to the following:
    
You will not reprint, republish or distribute in any way any information or materials found    on our Website.

You will not use any of the information on our Website or on any of the presentations for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way.

You will not provide to us or post on our Website any information that is not correct, such     as an incorrect  name, address, email address or any other incorrect information.

You will not publish any content that contains sexually explicit text, photographs or other     content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.

You will not share a password for ModifiedPages.com or any of its forums, blogs, or chat rooms with any other individual except that members of the same household may share a password.

You will not attempt to decipher, decompile, disassemble or reverse engineer any of the      software comprising or in any way used on our website.

You will not post any materials on our Website or include any materials in any presentation in violation of any other party’s rights, including, but not limited to, copyrights or privacy and publicity rights; or in violation of any government laws or regulations of any country, province, state or city.
   
Disclaimer or Warranties. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MATERIAL ON THIS WEBSITE  (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A  PARTICULAR PURPOSE.

Limitation of Liability. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE WEBSITE AND YOU HEREBY RELEASE US AND OUR EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

Responsibility for Use of Password. You are responsible for all use of your password(s). Each individual must have their own password except that members of the same household may share a password.

Links. You acknowledge that we have not reviewed the content of all websites linked to or from our Website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.

Indemnity. You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this website. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by you, or any individual using your password, of any of the terms of this Agreement.

Reporting Violations. If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy by sending an email to copy@modifiedpages.com.

Assignments. You may not assign any of your rights hereunder.

Jurisdiction and Law. This Agreement will be governed by the laws of the State of California. Each of the parties does hereby agree that any dispute will be decided by the state and Federal courts located in Los Angeles, California and agrees that that party is subject to jurisdiction of such courts in such locality.

Force Majeure. We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications  common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.

Survivability. The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that, by their sense and context, the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.

Severability. The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

Interpretation. The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

Entire Agreement. This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.

Terms of Use last modified on December 14, 2007