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Terms and Conditions of Use
The following terms, when used in this Agreement, shall have the following meanings. "Content" shall mean all text, graphics, photographs, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content. "Site" shall mean any Superior Industries International, Inc. (“Superior”) internet site, page (and all sub-pages), uniform resource locator ("URL"), and domain location.
2. TRADEMARK NOTICE
Unless otherwise noted on the Site, all other trademarks, service marks, and logos used in this Site are the trademarks, service marks or logos of their respective owners.
3. LICENSE GRANT AND OWNERSHIP BY SUPERIOR
a. License. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Superior grants you a non-exclusive, non-transferable, limited license to view or print the Content in this Site without alterations, for personal, non-commercial use only. This limited license does not apply to any media or platform other than that of the current Site.
b. Ownership. All Content on the Site is (and shall continue to be) owned exclusively by Superior or others, and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Site.
4. RESTRICTIONS ON USE
a. Concerning your usage of this Site or any Content, you agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, fraudulent, harassing, libelous, or obscene information of any kind; (iii) post or send to the Site any information that contains a computer virus, bug, or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as expressly permitted herein); (v) post or transmit into or on the Site any information in violation of another party's copyright or intellectual property rights; (vi) take any action which imposes an unreasonable or disproportionately large burden on Superior's infrastructure or resources; (vii) redeliver any of the Content using "framing", hyperlinks, or other technology without the express written permission of Superior; or, (viii) use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.
b. You acknowledge that Superior has the right, but no obligation, to monitor the Site and to disclose any information necessary to operate the Site, to protect Superior, and the customers and shareholders of Superior, and to comply with legal obligations or governmental requests. Superior reserves the right to refuse to post or to remove any information on the Site, in whole or in part, for any reason.
c. You represent and warrant that by using the Site, you have read and agree to this Agreement and have the legal capacity to agree to the terms of this Agreement.
5. YOUR SITE ACTIVITIES
You acknowledge that Superior neither endorses nor is affiliated with any linked site and is not responsible for any information that appears on the linked site. You acknowledge that (i) the internet is a network of computers worldwide, and that any information submitted by you to Superior necessarily is routed via third party computers to Superior, (ii) Superior is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.
6. SUBMISSIONS OF INFORMATION BY YOU
7. LINKS TO OTHER SITES AND TO THE SUPERIOR SITE
This site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Superior’s control and Superior is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
8. APPLICABILITY AND COOPERATION
Superior reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law. Superior in its sole discretion may add, delete or change the Content at any time, without notice to you.
9. LIMITED WARRANTY AND DISCLAIMER
a. DISCLAIMER OF WARRANTY. SUPERIOR MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THE CONTENT PROVIDED ON THIS SITE IS DONE SO ON AN "AS IS" AND "AS AVAILABLE", BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY SUPERIOR RELATING TO YOUR USAGE OF THE SITE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USAGE OF THE SITE.
b. LIMITATION OF LIABILITY. UNDER No CIRCUMSTANCES WILL SUPERIOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF
BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL Of YOUR SITE USE.
Superior may disclose any information we have about you (including your identity) if we determine such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either internationally or unintentionally) Superior’s rights or property, or the rights of property of visitors or users of the Site. Superior reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Superior may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
any injunctive or equitable relief that Superior deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Superior may have at law or in equity.
You agree that Superior may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
11. RIGHT TO MODIFY TERMS
12. CONTACTING SUPERIOR
Should you desire to contact Superior, you may do so at: Superior Industries International, Inc., Legal Department, 7800 Woodley Avenue, Van Nuys, CA 91406 (818) 781-4973.
a. Equitable Relief. You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Superior or others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Superior and others will be entitled to injunctive relief for any breach of this Agreement.
b. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
c. Entire Agreement. This Agreement constitutes the entire agreement between you and Superior pertaining to the subject matter hereof. You agree to review this Agreement prior to any usage of the Site, and each usage of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement may be prospectively modified by Superior at any time without notice, by posting a revised Agreement on the Site.
d. Termination. This Agreement may be terminated by either party, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all access and usage of the Site and, upon request by Superior, to return all information in your possession relating to the Site, and all copies thereof.
e. Survival of Certain Provisions. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
f. Waiver. No delay or omission to exercise any right or remedy accruing to Superior upon any breach or
default by you shall constitute a waiver by Superior of any breach or default.
g. Conflicts. If this Agreement conflicts with a provision of any other contract between you and Superior relating to the Site, the provision in such other Agreement shall govern.
14. COMPLIANCE WITH LAWS
You shall be responsible for complying with all applicable governmental regulations of the United States (including US export laws) and any foreign country (where applicable) with respect to the use of the Site.The Site is not to be used in any government and/or defense related activity unless approved under U.S. Export Law and Regulation. You shall defend, indemnify and hold Superior harmless from and against any and all liabilities arising out of the non-compliance with applicable governmental regulations.
This Agreement shall be subject to, and construed in conformity with, the laws of the State of California,United States of America. The parties hereby submit to the jurisdiction of the courts in the State of California,Los Angeles County. Neither party shall bring a legal action against the other more than one year after the cause of action arose.