Website Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY.  YOUR USE OF THE WEBSITE AND THE SERVICES IS CONDITIONED ON AND SUBJECT TO THE FOLLOWING. 

AGREEMENT

These Website Terms of Use (the “Agreement”) constitute a legally binding agreement by and between LusciousGarage.com (“Luscious Garage”) and you (“You” or “Your”) concerning Your use of Luscious Garage’s website (the “Website”) and the HySpace and other information and services available through the Website (the “Services”). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and Luscious Garage’s Privacy Policy (the “Privacy Policy”).  IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy.  Luscious Garage encourages users of the Website to frequently check Luscious Garage’s Privacy Policy for changes.
CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet and wireless technology and the applicable laws, rules, and regulations change frequently.  ACCORDINGLY, LUSCIOUS GARAGE RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE.  IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY.  IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.  Unless Luscious Garage obtains Your express consent, any revised Privacy Policy will apply only to information collected by Luscious Garage after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. 

CONSENT TO RECEIVE EMAIL

If You sign up for any Luscious Garage newsletter or other email publications, or if You use any Services, You thereby consent to receive periodic email communications from Luscious Garage regarding the Services and other matters.

POSTING INFORMATION OR CONTENT

The Website may contain features—chat rooms, forums, message boards, news groups—that permit You to upload, post, transmit, display, perform or distribute content, information or other, including Your personal information.  Any information that You choose to disclose by means of such features becomes public information over which Luscious Garage is unable to exercise control.  You should exercise caution when deciding to disclose Your personal information by means of such features, and You agree to assume all responsibility for doing so. 
You represent and warrant that You shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that:  (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, pornographic, may constitute child pornography, may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, or are otherwise objectionable; (b) advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertise or otherwise solicit funds or constitute a solicitation for goods or services; or (d) violate any provision of this Agreement or any other Luscious Garage agreement or policy (collectively, “Objectionable Content”).
Luscious Garage disclaims any perceived, implied or actual duty to monitor the contents of the Website and specifically disclaims any responsibility or liability for information provided hereon.  Without limiting the foregoing, and without limiting any of its other remedies, Luscious Garage reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content.  Luscious Garage, in its sole discretion, may delete any Objectionable Content from its servers.  Luscious Garage intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. 

DISCLAIMERS; LIMITATION OF LIABILITY

NO WARRANTIES.

LUSCIOUS GARAGE HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUSCIOUS GARAGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  LUSCIOUS GARAGE DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  LUSCIOUS GARAGE HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
LIMITATION OF LIABILITY
THE LIABILITY OF LUSCIOUS GARAGE RELATING OT THE WEBSITE AND SERVICES IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUSCIOUS GARAGE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO LUSCIOUS GARAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.  ADDITIONALLY, THE MAXIMUM LIABILITY OF LUSCIOUS GARAGE TO YOU AND RELATING TO THE WEBSITE AND SERVICES WILL BE EQUAL TO $25. 

APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND LUSCIOUS GARAGE OR BETWEEN YOU AND ANY OF LUSCIOUS GARAGE’S LICENSOR’S OR SUPPLIERS.  NOR DO THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS APPLY TO ANY REPAIRS ACTUALLY PERFORMED BY LUSCIOUS GARAGE ON ANY VEHICLE.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Luscious Garage policies, and with any applicable laws or regulations.

TERMINATION

Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants.  Such termination shall be automatic, and shall not require any action by Luscious Garage.  Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 5, 6, 7, 9 and 10 will survive any termination of this Agreement.  For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed Luscious Garage. 

INDEMNITY

Each party agrees to indemnify, defend and hold harmless the other party and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, contractors (collectively, the “Indemnified Parties”) from and against any and all third-party claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to such party’s breach of this Agreement, including without limitation any representation or warranty contained therein.  The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in the defense of any Claim.  No Claim may be settled without the advanced written consent of the involved Indemnified Parties, such consent not to be unreasonably withheld.

MISCELLANEOUS

This Agreement and any other written agreements executed between You and Luscious Garage constitutes the entire agreement concerning Your use of the Website and Services.  This Agreement may only be modified by a written amendment signed by an authorized executive of Luscious Garage or by the unilateral amendment of this Agreement by Luscious Garage and by the posting by Luscious Garage of such amended version.  If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Luscious Garage.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.  You and Luscious Garage are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.  This Agreement will be governed by and construed in accordance with the laws of the state of California, without regard to the principles of conflicts of law.  Each party agrees that all disputes arising under or relating to this Agreement or the Services shall be litigated in the federal and state courts located in San Francisco County, California, and each party hereby consents to the venue and personal jurisdiction thereof.