Terms of Use
1. Terms
Welcome to www.precisiontransrepairs.com. By accessing this website, you are agreeing to be bound by this TOU, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use or access this website. The materials contained in this website are protected by applicable copyright and trademark law. An important function of this TOU is to alert you that the data presented on this website is not warranted or otherwise guaranteed. Please read this information carefully.
You should check for changes to the TOU each time you visit the site. Precision Transmission & Auto Repair and/or Precision Transmission & Auto Repair’s service provider may make changes to the TOU at any time.
When you communicate through the website, personal information shall be used by Precision Transmission & Auto Repair and Net Driven in accordance with the Privacy Policy, incorporated herein.
2. Disclaimer
The materials on THE website are provided "as is". NEITHER Precision Transmission & Auto Repair NOR Net Driven makeS ANY warranties, express or implied. Precision Transmission & Auto Repair AND Net Driven hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NEITHER Precision Transmission & Auto Repair NOR Net Driven WARRANTS NOR makeS any representations concerning the accuracy, likely results, or reliability of the use of the materials on THE website or otherwise relating to such materials or on any sites linked to the website.
3. Limitations
In no event shall Precision Transmission & Auto Repair, or their suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the website, even if Precision Transmission & Auto Repair, or an authorized representative of company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Revisions and Errata
The materials appearing on the website could include technical, typographical, or photographic errors. The information contained within this website comes from a variety of sources and includes information that is subject to change without notice. Precision Transmission & Auto Repair and strive to ensure that the information is accurate, complete and up-to-date, but neither Precision Transmission & Auto Repair nor can guarantee and do not warrant that the information is accurate, complete or up-to-date; or that your access will be uninterrupted; or that material accessible from this website is free from viruses or other harmful components. Some of the information displayed on these pages changes rapidly. Therefore, the accuracy and timeliness of the data is subject to delays in connectivity across the Internet, your systems and other facilities outside the control of Precision Transmission & Auto Repair and Net Driven. Therefore, you must independently verify the accuracy of any information presented on the website.
5. Links
Neither Precision Transmission & Auto Repair nor has reviewed all of the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the linked site by either Precision Transmission & Auto Repair or . Use of any such linked website is at the user's own risk.
6. Terms of Use Modifications
Precision Transmission & Auto Repair and Net Driven reserve the right at any time to modify this TOU and to impose new or additional terms or conditions on your use of the services. Such modifications and additional terms and conditions will become effective immediately and incorporated into this TOU, but will be posted prominently to be reviewed by returning visitors. Your continued use of Precision Transmission & Auto Repair’s services and services will be deemed acceptance thereof. However, neither Precision Transmission & Auto Repair nor makes any commitment to update the materials.
7. Governing Law and Venue
Any claim(S) relating to THE website shall be governed by the laws of the COMMONWEALTH OF PENNSYLVANIA without regard to its conflict of law provisions.
THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE APPROPRIATE STATE COURTS LOCATED IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS OF LAW, THE UNITED STATES DISTRICT COURT(S) FOR THE COMMONWEALTH OF PENNSYLVANIA. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
8. Children’s Online Privacy Protection
In accordance with the Children’s Online Privacy Protection Act of 1998, Net Driven will not knowingly collect personal information from a child under the age of thirteen (13). If Net Driven learns that it has collected information from a child under the age of thirteen (13), will take the necessary steps to delete the information as soon as possible.
9. Data Usage
Our Website presents data and information related to tire and possibly other automotive component size and fitment (the “Data”). You acknowledge that we have received the Data from a third-party source and its suppliers (together, the “Suppliers”). The Suppliers have no obligation to furnish any support or information relating to any Data and shall be recognized as third party beneficiaries under these Terms of Use.
You are granted a personal, nontransferable and nonexclusive right to access, display and use individual Data Lookups solely for your own personal use. A “Data Lookup” is the Data associated with a particular vehicle, as typically described by make, model and year, or in some cases, the Data associated with a particular tire size or wheel size or a specific tire line or wheel line within one individual brand of tires or wheels.
Except as expressly authorized in these Terms of Use in each case, you will not, nor will you suffer or permit any other party, directly or indirectly, to:
use, display, grant access to, or make copies of or derivative works from the Data or any portion thereof; or
sell, lease, license, sublicense or otherwise transfer or dispose of the Data, or any portion thereof, in any manner or to any party.
You will not reverse compile, reverse engineer, or disassemble any portion of our Website that accesses, compiles, retrieves, displays, or otherwise manipulates or uses any of the Data.
You will not use any robot, spider, scraper, or other automated means to access the Data or any part thereof.
No right, title or interest in any patent, trademark, copyright, trade secret, or any other intellectual property or proprietary rights in any Data are transferred to you. The Suppliers and its sources are the sole owners of all such right, title and interest.
Warning: All Data and other information are believed to be reliable, but neither we nor the Suppliers make any representation or warranty with respect to the completeness, quality, adequacy, reliability, accuracy, merchantability or fitness of the Data for any particular use or purpose.
WE AND THE SUPPLIER DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, QUALITY, RELIABILITY, ADEQUACY, AVAILABILITY OR COMPLETENESS OF THE DATA OR THE SUITABILITY OF THE DATA FOR ANY USE OR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DATA IS PROVIDED “AS IS,” AND WITHOUT WARRANTY OR GUARANTEE, AND ALL WARRANTIES AND GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES AND GUARANTEES. WE DO NOT WARRANT THAT THE DATA WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE DATA WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ASSUME ALL RISK RELATED TO THE DATA AND ITS USE AND MISUSE AND WILL TAKE ALL ACTION NECESSARY OR DESIRABLE TO PROTECT YOURSELF AND ALL OTHER PERSONS AGAINST ANY FAILURE OF THE DATA TO BE ACCURATE, RELIABLE, ADEQUATE, COMPLETE, MERCHANTABLE, OR FIT FOR ANY PARTICULAR USE OR PURPOSE.
Some states do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE INDEMNITEES (AS DEFINED BELOW) HARMLESS AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, RECOVERIES, SETTLEMENTS, ACTIONS, PENALTIES, COSTS, LOSSES, AND DAMAGES (AS DEFINED BELOW) INCURRED BY ANY OF THE INDEMNITEES, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, PAID OR UNPAID BY THE INDEMNITEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO:
THE DATA, OR ANY USE OR MISUSE THEREOF, OR ANY FAILURE OF ANY OF THE DATA TO COMPLY WITH ANY STANDARD OF CARE, QUALITY, RELIABILITY, ACCURACY, COMPLETENESS, ADEQUACY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE; OR
YOUR VIOLATION OF ANY OF THESE TERMS OF USE; OR
YOUR NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS; IN EACH CASE, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES.
We will notify you promptly of any such liability, demand, claim, recovery, settlement, action, penalty, cost, loss, defense costs, or damages, and will provide you with reasonable assistance, at your expense, in defending the same. We may assume exclusive control of any defense or any matter subject to indemnification by you at your expense if we determine that your defense is not adequate, and you agree to cooperate with us in such event.
The term “damages” (and “DAMAGES”) includes direct, indirect, consequential, incidental, special or other damages related to injury to (including death of) you or any other person, damage to or loss of any property, loss of consortium, loss of opportunity or business or contractual relationship, violation of any right to privacy, defamation of character or reputation against any person, product or other object, mental distres
