1. ACCEPTANCE OF TERMS
Snap-on Incorporated. ("Snap-on") welcomes you. Snap-on provides its SureTrack service (the “Service”) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Snap-on owned or operated services, you and Snap-on shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
SureTrack provides access to automotive repair information and facilitates live questions and answers among professional technicians and information on how other technicians solve tough repair issues. The Service permits you to post questions and review information posted by other technicians and to get alerts when postings occur in your area of interest.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and user login upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Snap-on of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Snap-on cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Snap-on, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service even after assignment to Snap-on of the Content, as provided in Section 8. Snap-on does not control the Content submitted and posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive or objectionable. Under no circumstances will Snap-on be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to do any of the following:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a Snap-on official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Upload, post, email, transmit or otherwise make available any Content that intentionally or unintentionally violates any applicable local, state, national or international law;
"stalk" or otherwise harass another; and/or collector store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge that Snap-on may or may not pre-screen Content, but that Snap-on and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Snap-on and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Snap-on or submitted to Snap-on, including without limitation information in Snap-on Message Boards and in all other parts of the Service.
You agree that Snap-on may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Snap-on, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Snap-on and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERNATIONAL USE
You agree to comply with all local rules in the country in which you live regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You hereby grant to Snap-on a unlimited, royalty-free, transferable, sub-licensable, non-exclusive, irrevocable, worldwide license to use, publish, copy, advertise, promote and distribute the Content in association with Snap-on’s business, including without limitation, as part of this Service. You represent and warrants that all Content submitted to Snap-on shall be unencumbered by ownership claims from any third party and shall not infringe upon the rights of third parties.
You agree to indemnify and hold Snap-on and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Snap-on ID), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Snap-on may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Snap-on's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Snap-on has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Snap-on reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Snap-on reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Snap-on reserves the right to make modifications and enhancements to the Service at any time.
You agree that Snap-on may, under certain circumstances and without prior notice, immediately terminate your SureTrack account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your Snap-on account includes (a) removal of access to all offerings within the Service, b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, all decisions to terminate your Snap-on account shall be made in Snap-on's sole discretion and Snap-on shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Snap-on has no control over such sites and resources, you acknowledge and agree that Snap-on is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. This TOS will not apply to your use of such sites, and you should review all posted terms and policies provided by such sites before using them. You further acknowledge and agree that Snap-on shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SNAP-ON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNAP-ON OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT SNAP-ON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA.
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in Sections 17 and 18 may not apply to you.
18. NOTICES AND QUESTIONS
Snap-on may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
You may contact Snap-on by writing to Snap-on Diagnostics, 5500 Hellyer Ave, San Jose, CA 95138, attention: Technical Assets Manager to request written permission to use materials on this Site for purposes other than stated in this TOS or for all other questions relating to this Site.
19. TRADEMARK INFORMATION
SNAP-ON, VERUS and VANTAGE are registered trademarks of Snap-on Incorporated. All other Snap-on trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Snap-on Incorporated or its affiliates or licensors. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of Snap-on or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Snap-on respects the intellectual property of others, and we ask our users to do the same. Snap-on may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Snap-on's Copyright Agent the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b) a description of the copyrighted work or other intellectual property that you claim has been infringed; c) a description of where the material that you claim is infringing is located on the site; d) your address, telephone number, and email address; e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Submit the requested information by mail to Snap-on’s Copyright Agent at the following address:
Copyright Agent / Technical Assets Manager
5500 Hellyer Ave
San Jose, CA 95138
21. GENERAL INFORMATION
Please report any violations of the TOS to Snap-on Copyright Agent: Technical Assets Manager at (408) 574-4273,or mail to Snap-on Diagnostics, 5500 Hellyer Ave, San Jose, CA 91538, attention: Technical Assets Manager.