Terms and Conditions

Terms and Conditions for Use of Website

This website is owned by S.D. Lyons, Inc., 1898 Fall River Avenue, Seekonk, MA, 02771 (“S.D. Lyons”).

1.       Your Acceptance

1.1.       By using and/or visiting this website, including all content available through the site (collectively the “S.D. Lyons’ Website”), you signify your consent and agreement to these terms and conditions of use (the “Terms and Conditions”).

1.2.       If you do not agree to the Terms and Conditions, please do not use the S.D. Lyons’ Website.

1.3.       Please note that we may require you to register to perform certain functions and access certain areas of the S.D. Lyons’ Website.

1.4.       These Terms and Conditions apply to all S.D. Lyons’ Website visitors, including visitors who are also contributors of content, information, and other materials or services to the S.D. Lyons’ Website.

2.       Ability to Accept Terms and Conditions

2.1.       You affirm that you are either 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

2.2.       You affirm that you are over the age of 13, as the S.D. Lyons’ Website is not intended for children under 13.

2.3.       If you are under 13 years of age, then please do not use the S.D. Lyons’ Website—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

3.       Website Access

3.1.       S.D. Lyons hereby grants you permission to use the S.D. Lyons’ Website as set forth herein, provided that:

3.1.1.        your use of the S.D. Lyons’ Website is solely for your personal use;

3.1.2.        you will not copy or distribute any part of the S.D. Lyons’ Website in any medium without S.D. Lyons’s prior written authorization;

3.1.3.        you will not alter or modify any part of the S.D. Lyons’ Website; and

3.1.4.        you agree that the information provided on the S.D. Lyons’ Website is provided for convenience or information only.

3.2.       In order to access some features of the S.D. Lyons’ Website, you may have to create an account.  When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure at all times.

3.3.       S.D. Lyons may disclose information that you provide to S.D. Lyons upon governmental request, in response to a court order, when required by law, to enforce these Terms and Conditions, or to protect S.D. Lyons’ or others’ rights, property, or safety.

3.4.       You must notify S.D. Lyons immediately of any breach of security or unauthorized use of your account.  Although S.D. Lyons will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of S.D. Lyons or others due to such unauthorized use.

3.5.       You agree not to (i) use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and any other similar or analogous system and (ii) not to effect fraudulent or untrue request messages to S.D. Lyons’ servers or to engage third persons to effect fraudulent or untrue request messages to S.D. Lyons’ servers.

3.6.       Notwithstanding the foregoing, S.D. Lyons grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not to create caches or archives of such materials. S.D. Lyons reserves the right to revoke these exceptions either generally or in specific cases.

3.7.       You agree not to collect or harvest any personally identifiable information, including account names, from the S.D. Lyons’ Website, nor to use the communication systems provided by the S.D. Lyons’ Website for any commercial solicitation purposes.

3.8.       You agree not to solicit, for commercial purposes, any visitors of the S.D. Lyons’ Website.

4.       Links To and From S.D. Lyons’ Website

4.1.       The S.D. Lyons’ Website may contain links to third party websites that are not owned or controlled by S.D. Lyons, and such links should not be interpreted as an endorsement of any company, content or products to which the S.D. Lyons’ Website links.  S.D. Lyons has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

4.2.       S.D. Lyons disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked website.  By using the S.D. Lyons’ Website, you expressly relieve S.D. Lyons from any and all liability arising from your use of any third-party website.

4.3.       S.D. Lyons permits you to link to only the main or “home” page of the S.D. Lyons’ Website.  “Deep links” to sub webpages are not permitted.

5.       Visitor Submissions

5.1.       S.D. Lyons may permit the submission of comments, content, graphics, photos, sounds, music, videos, interactive features and the like or other communications submitted by you and other visitors to the S.D. Lyons’ Website (“Visitor Submissions”), and the hosting, sharing, and/or publishing of such Visitor Submissions.  S.D. Lyons does not guarantee any confidentiality with respect to any Visitor Submissions.

5.2.       You shall be solely responsible for your Visitor Submissions and the consequences of posting or publishing them.  In connection with all Visitor Submissions, you affirm, represent, and/or warrant that:

5.2.1.        you own or have the necessary licenses, rights, consents, and permissions to use and authorize S.D. Lyons to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all Visitor Submissions and to enable inclusion and use of the Visitor Submissions in the manner contemplated by the S.D. Lyons’ Website; and

5.2.2.        you have the written consent, release, and/or permission of each and every individual person identifiable in the Visitor Submissions and to use the name or likeness of each and every such identifiable person in the manner contemplated by the S.D. Lyons’ Website.

5.3.       Although you retain all applicable ownership rights in Visitor Submissions, you hereby grant S.D. Lyons a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, exhibit, reproduce, distribute, prepare derivative works of, display, and perform the Visitor Submissions including, for example, for use by third-parties in any media formats and through any media channels.

5.4.       In connection with Visitor Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant S.D. Lyons all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage S.D. Lyons or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

5.5.       S.D. Lyons reserves the right to remove Visitor Submissions at any time, for any reason, and without prior notice.

6.       Digital Millennium Copyright Act

6.1.       S.D. Lyons does not permit copyright infringing activities or infringement of intellectual property rights on the S.D. Lyons’ Website.  S.D. Lyons will remove all infringing content and/or Visitor Submissions if properly notified that such content or Visitor Submission infringes another’s intellectual property rights.

6.2.       If you are a copyright owner or an agent thereof and believe that any Visitor Submission or other content infringes upon your copyrights, you may submit a notification to S.D. Lyons pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. § 512(c)(3) for further detail).

6.3.       S.D. Lyons’s designated Copyright Agent to receive notifications of claimed infringement is: Mr. S.D. Lyons, 1898 Fall River Avenue, Seekonk, MA, 02771.  Only DMCA notices should go to S.D. Lyons’s Copyright Agent.  All other feedback and communications should be directed to S.D. Lyons through http://automotiveforensics.com/contact/.

6.4.       If you believe that your Visitor Submission that was removed does not infringe a third-party’s intellectual property rights, or if you have authorization from the copyright owner or pursuant to law to use the content in your Visitor Submission, you may send a counter-notice to S.D. Lyons’s Copyright Agent pursuant to the DMCA (see 17 U.S.C. § 512(g)(3) for further detail).

7.       Intellectual Property Rights

7.1.       The S.D. Lyons’ Website, except all Visitor Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to S.D. Lyons, its affiliates or associates, and are subject to copyright, trademark, and other intellectual property rights under applicable laws.

7.2.       The S.D. Lyons’ Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for purpose not authorized herein without the prior written consent of S.D. Lyons.

7.3.       You agree to not engage in any use, copying, or distribution of any content available from or through the S.D. Lyons’ Website, including any use, copying, or distribution of Visitor Submissions obtained through the S.D. Lyons’ Website, other than expressly permitted herein.

7.4.       If you download or print a copy of content from the S.D. Lyons’ Website for personal use, you must retain all copyright and other proprietary notices contained therein.

7.5.       You agree not to circumvent, disable or otherwise interfere with security related features of the S.D. Lyons’ Website or features that prevent or restrict use or copying of any content or the S.D. Lyons’ Website.

7.6.       S.D. Lyons reserves all rights not expressly granted herein.

8.       Warranty Disclaimer

8.1.       You agree that your use of the S.D. Lyons’ Website shall be at your sole risk.

8.2.       To the fullest extent permitted by law, S.D. Lyons, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the S.D. Lyons’ Website and your use thereof.

8.3.       The S.D. Lyons’ Website is provided AS IS and S.D. Lyons makes no warranties or representations about the accuracy or completeness of this site’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the S.D. Lyons’ Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the S.D. Lyons’ Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the S.D. Lyons’ Website, and/or (vi) any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the S.D. Lyons’ Website.

8.4.       S.D. Lyons does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the S.D. Lyons’ Website, and S.D. Lyons will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.  As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

9.       Limitation of Liability

9.1.       In no event shall S.D. Lyons, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) your access to and use of the S.D. Lyons’ Website, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the S.D. Lyons’ Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our S.D. Lyons’ Website, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of the S.D. Lyons’ Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

9.2.       You specifically acknowledge that S.D. Lyons shall not be liable for Visitor Submissions or the conduct of any third party. You understand that when using the S.D. Lyons’ Website you may be exposed to Visitor Submissions from a variety of sources, and S.D. Lyons is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Visitor Submissions.  You further understand and acknowledge that you may be exposed to Visitor Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against S.D. Lyons with respect thereto.

9.3.       The S.D. Lyons’ Website is controlled and offered by S.D. Lyons from its facilities in the United States of America. S.D. Lyons makes no representations that the S.D. Lyons’ Website is appropriate or available for use in other locations. Those who access or use the S.D. Lyons’ Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10.   Indemnity

10.1.    You agree to defend, indemnify and hold harmless S.D. Lyons, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms and Conditions; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that one of your Visitor Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms and Conditions and your use of the S.D. Lyons’ Website.

11.   Assignment

11.1.    These Terms and Conditions, and any rights granted hereunder, may not be transferred or assigned in any manner by you, but may be assigned by S.D. Lyons without restriction.

Termination

12.1.    S.D. Lyons reserves the right to discontinue, modify, and alter any and all aspects of the S.D. Lyons’ Website at any time and without notice.

12.2.S.D. Lyons reserves the right to immediately terminate your access to the S.D. Lyons’ Website if S.D. Lyons determines that you are in breach of the Terms and Conditions.

13.   General Terms

13.1.    You agree that: (i) the S.D. Lyons’ Website shall be deemed solely based in the State of Massachusetts; (ii) the S.D. Lyons’ Website shall be deemed a passive website that does not give rise to personal jurisdiction over S.D. Lyons, either specific or general, in jurisdictions other than the State of Massachusetts, and (iii) by accepting the Terms and Conditions you are submitting yourself to the jurisdiction of the State of Massachusetts, USA for any issues related to the Terms and Conditions and/or your use of the S.D. Lyons’ Website.

13.2.    These Terms and Conditions shall be governed by the laws of the State of Massachusetts without respect to its conflict of laws principles. Any claim or dispute between you and S.D. Lyons that arises in whole or in part from the S.D. Lyons’ Website shall be decided exclusively by a court of competent jurisdiction located in the State of Massachusetts. These Terms and Conditions, together with and any other legal notices published by S.D. Lyons on the S.D. Lyons’ Website, shall constitute the entire agreement between you and S.D. Lyons concerning the S.D. Lyons S.D. Lyons’ Website.

13.3.    If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

13.4.    No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and S.D. Lyons’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

13.5.    S.D. Lyons reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes.

13.6.    Your use of the S.D. Lyons’ Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

13.7.    You and S.D. Lyons agree that any cause of action arising out of or related to the S.D. Lyons S.D. Lyons’ Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently time barred.

13.8.    Any notices to be given by S.D. Lyons in terms hereof shall be made electronically to the e-mail address provided by you. You shall be deemed to have received such notice as soon as it is sent by the S.D. Lyons to the correct e-mail address.