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Conditions of Use



PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.



. BINDING AGREEMENT

. PROFESSIONAL SERVICES DISCLAIMER

. NO WARRANTIES

. EXCLUSION OF LIABILITY

. POSTING

. LINKS

. SEVERABILITY

. SURVIVAL

. WAIVER

. INDEMNIFICATION

. SUBSCRIBER AGREEMENT

. COMPLETE AGREEMENT



1. BINDING AGREEMENT By accessing this Website, you agree that these Terms and Conditions form a binding agreement between you and TPX. If you do not wish to be bound by these Terms and Conditions do not use this Website. TPX reserves the right to change these Terms and Conditions at any time, accordingly, you should review these Terms and Conditions each time you view the Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.



2. PROFESSIONAL SERVICES DISCLAIMER The content of this Website, such as text, graphics, images, information obtained from TPX’s manufactures, suppliers and other entities, and other material (collectively, “Content”) is for informational purposes only. Any information furnished on this Website is not intended nor implied to be truck and automotive advice and is not intended to replace personal consultation with a qualified automotive service technician, mechanic or similar automotive professional.



TPX has not examined the Content for accuracy, timeliness, completeness, appropriateness or helpfulness. TPX does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL TPX BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FORM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.



3. NO WARRANTIES You acknowledge that the information on this Website is provided “AS IS” for general information only. TPX DOES NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. TPX RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEBSITE.



4. EXCLUSION OF LIABILITY IN NO EVENT SHALL TPX,THEIR SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH, OR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, STRICT LIBILITY OR OTHERWISE, AND WHETHER OR NOT TPX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



You acknowledge that in connection with the Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of TPX and its suppliers. Accordingly, TPX assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website.



Any claims arising in connection with your use of this Website or any Content must be brought within (1) year of the date of the event giving rise to such action or be forever barred. Because some states do not allow the exclusion of limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.



5. POSTING You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant or warrant that the owner of such content has expressly granted TPX a royalty free, perpetual, irrevocable world wide nonexclusive license to include the work on this Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, a perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed).



6. LINKS TPX may provide links on the Website, via advertising and otherwise, to other websites that are not under the control of TPX. TPX does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and TPX is not liable to you for any loss or damage you may suffer by your use of this website. You hereby waive any and all claims you may have against TPX regarding our inclusion of such links to third party websites or use of those websites.



7. SEVERABILITY If any provision of these Terms and Conditions is found to be invalid by any court having 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.



8. SURVIVAL The following provisions of these Terms and Conditions shall survive the expiration of termination of these Terms and Conditions. No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, survival, Indemnification, Subscriber Agreement and Complete Agreement.



9. WAIVER Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.



10. INDEMNIFICATION in consideration of TPX allowing you to visit and use the TPX website, you agree to defend, indemnify and hold harmless TPX, its member companies, and their divisions, subsidiaries, parents, affiliates, partners, chains, and their respective past, present and future officers, directors, stockholders, trustees, employees, agents, insurers, servants, managers, estates, predecessors, and / or successors in interest, representatives, assigns, attorneys and all other persons, firms, or corporations with whom any of the forgoing may have been, are now, or may thereafter be affiliated (collectively “Releasees”), from any and all claims, charges, injuries (including, but not limited to, death), actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages (including special, general, incidental, consequential, or other damages), judgments, agreements, promises, demands, claims for fees and costs, of liabilities whatsoever, in law or equity, arising out of relating to your use (lawful or unlawful) of the TPX website or the content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through TPX, your inability to access the TPX website for any reason, your reliance on any errors or omissions on the TPX website, or your contraction of computer viruses of any nature obtained through your use of the TPX website or any website accessed through the TPX website. You agree to defend, indemnify and hold TPX, their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this Website or the Content.



11. SUBSCRIBER AGREEMENT These Terms and Conditions govern your general access of and use of the Website, however, your use of any other services offered by TPX is also governed by your agreement with TPX relating to the provision of such services (the “Subscriber Agreement”). You must enter into an independent Subscriber Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Subscriber Agreement, the Subscriber Agreement will control.



12. COMPLETE AGREEMENT Except for the Subscriber Agreement, if any, these Terms and Conditions contain the entire agreement between you and TPX relating to your use of this Website.



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