Please review the following terms carefully. If you do not agree to these terms, you should not use this site.
The term Mothers®, “us”,
“we” or “our” refers to Mothers® Polishes•Waxes•Cleaners, Inc., the owner of this website.
The term “you” refers to the user or viewer of our Mothers® website.
1. Acceptance of Agreement.
(“Agreement”) with respect to our Mothers® website. This Agreement constitutes the entire and only agreement between us and you, and supersedes all
prior or contemporaneous agreements, representations, warranties and understandings with respect to our Mothers® website, the content, products or services
provided by or through our Mothers® website, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted on our Mothers® website, and you should review this Agreement prior to using our Mothers®
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to our Mothers® website are protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of our Mothers® website,
except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through our
Mothers® website. The posting of information or materials on our Mothers® website does not constitute a waiver of any right in such information
and materials. Some of the content on our Mothers® website is the copyrighted work of third parties.
3. Service Marks.
Detailguide.com, detailguide.net, eurotunertour.com, eurotunertour.net,
fxwax.com, fxwax.net, hotrodpowertour.mothersarchive.com, powertour.mothersarchive.com, mothersclassic.com, mothersclassic.net, mothersfx.com, mothersfx.net, mothersmotorsports.com,
mothersmotorsports.net, motherspolish.com, motherspolish.net, motherspolishcompany.com, motherspolishcompany.net, motherspolishes.net, motherspowerball.com,
motherspowerball.net, mothersreflections.com, mothersreflections.net, motherssweeps.com, motherssweeps.net, motherstv.com, motherstv.net, motherswax.com,
motherswax.net, motherswaxcompany.com, motherswaxcompany.net, powertour.mothersarchive.com, reflectionswax.com, reflectionswax.net, shineaward.com, shineaward.net,
superstreettour.com, superstreettour.net, toptuneraward.com, toptuneraward.net, trackattackonline.com, trackattackonline.net, waxforum.com, waxforum.net,
Back-to-Black®, FX™, Mothers®, Mothers California Gold®, PowerBall™, PowerMetal™, PowerPolish™, PowerWax™,
Reflections®, Showtime®, SynWax™, Ultimate Wax System®, Wheel Mist®, and others are our service marks or registered
service marks or trademarks. Other product and company names mentioned on our Mothers® website may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use our Mothers® website strictly in accordance with this Agreement; (b) to use our Mothers® website solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from our Mothers® website solely for internal, personal, non-commercial purposes and provided that you maintain
all copyright and other policies contained therein. No print out or electronic version of any part of our Mothers® website or its contents may be used by you in any
litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of our Mothers® website
and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell,
rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Mothers® website or any Content and Materials retrieved
therefrom; (b) use our Mothers® website or any materials obtained from our Mothers® website to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from our Mothers® website; (d) use any Content and Materials from our Mothers® website in any manner that
may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice
system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any
site software or use any network monitoring or discovery software to determine our Mothers® website architecture; (h) use any automatic or manual process to
harvest information from our Mothers® website; (i) use our Mothers® website for the purpose of gathering information for or transmitting (1) unsolicited
commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use our Mothers® website in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or
telephone solicitations; and (k) export or re-export our Mothers® website or any portion thereof, or any software available on or through our Mothers® website,
in violation of the export control laws or regulations of the United States.
6. Forms, Agreements & Documents.
We may make available through our Mothers® website or through
other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided
on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer
such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND
WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate
legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some
Documents are public domain forms or available from public records.
7. Linking to our Mothers® Website.
You may provide links to our Mothers® website, provided (a) that
you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on our Mothers®website, (b) your site does not engage
in illegal or pornographic activities, and (c) you discontinue providing links to our Mothers® website immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion on our Mothers® website is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, our Mothers® website may
require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real
name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person
using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for
preventing such unauthorized use.
10. Errors, Corrections and Changes.
We do not represent or warrant that our Mothers® website will be error-free,
free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through our Mothers®
website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Mothers® website at any time.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on our Mothers® website.
11. Third Party Content.
Third party content may appear on our Mothers® website or may
be accessible via links from our Mothers® website. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on our Mothers® website. You understand that
the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted
materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers,
and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees,
related to your violation of this Agreement or use of our Mothers® website.
Your right to use our Mothers® website is not transferable or assignable.
Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR
THROUGH OUR Mothers® WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(B). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR
Mothers® WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
16. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Mothers® website or any services or products obtainable therefrom,
(b) the unavailability or interruption of our Mothers® website or any features thereof, (c) your use of our Mothers® website, (d) the content contained on our
Mothers® website, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO OUR Mothers® WEBSITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
17. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission
as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any
similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing
rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us,
have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
18. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
19. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will
pay the charges incurred by you at the posted prices, including any applicable taxes.
22. Links to other Websites.
Our Mothers® website contains links to other websites. We are not
responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked websites on the Mothers® website does not imply approval or endorsement of the linked websites by us. If you decide to leave our Mothers®
website and access these third-party sites, you do so at your own risk.
23. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on
our Mothers® website;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on our
Mothers® website can be reached by directing an e-mail to the Copyright Agent at .
24. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
25. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our Mothers® website and the Content and Materials provided therein.
26. Refund and Return Policy.
To the extent that you purchase a Mothers® product, satisfaction is
guaranteed when used as directed. Manufacturer’s liability is limited to replacement of product or refund of purchase price upon return of unused portion and proof
of purchase. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party websites, and we have no
responsibility or liability for those products or services. You may request a refund by contacting us by
e-mail at . You may obtain any additional information concerning our refund and return policy, including our mailing address,
by contacting us at .
This Agreement shall be treated as though it were executed and performed in
Huntington Beach, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).
Any cause of action by you with respect to our Mothers® website (and/or any information, Documents, products or services related thereto) must be instituted within
one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements
and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with our Mothers® website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this
Agreement shall survive any termination of this Agreement.