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User Agreement
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WEB SITE AGREEMENT
This website (the "Service") is an online information service provided by TheAwardZone (hereinafter referred to as “TAZ”), a division of Todd Wenzel, Inc., subject to your compliance with the terms and conditions set forth below.
Please read the contents of this Web Site Agreement (hereinafter the “Agreement,” “Terms” or “Terms of Use”), carefully before accessing or using Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions,
PROMPTLY EXIT THIS SITE
.
Program Rules:
The NAPA AwardsLoyalty Program is designed to award NAPA commercial customers for their loyalty and increased purchases. By accepting this agreement, you are acknowledging that you are eligible to participate and receive such awards from NAPA. You are also acknowledging and agreeing to the following Terms & Conditions of this program:
1) You are 18 years of age or older and reside in the United States of America.
2) That you will receive various electric forms of communication (text or email) from the program providing pertinent information related to the program.
3) That specific award options that are advertised for any given promotion period are subject to change based on availability. TAZ will do its best to ship out a selected award option, however due to situations beyond its control, TAZ may not be able to ship out a specific item. In this event, at its sole discretion, TAZ will ship out a like item of equal value or send a Best Buy gift card for the estimated value of the original item that could not be shipped out.
4) That each NAPA store owner or NAPA store manager, at its sole discretion, may choose to exclude certain purchases from what is reported to determine a customers’ qualification for any given promotion period. An example of this would be a large tool or equipment purchase.
TAZ may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.
You agree to comply with the following:
• You may not post or transmit any message anonymously or under a false name. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person.
• You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
• You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
• You may not interfere with other users use of the Service.
• You may not post or transmit any file which contains malware, viruses, worms, "Trojan horses" or any other contaminating or destructive features.
• TAZ reserves the right to take such action as it deems appropriate in cases where the Service is used for immoral or improper purposes.
• You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
• Unauthorized use of this website or the Service may give rise to a claim for damages and/or be a criminal offense.
TAZ has the right but not the obligation to remove any communications and materials that TAZ believes, in its sole discretion, that violate its values. We may refuse any or all of our services to anyone at any time, in our sole discretion. This site is intended for use by individuals who are at least 18 years of age.
Copyright, Licenses
. The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is TAZ or a third party who has authorized TAZ to post their labels, artwork, photographs, logos, trademarks, service marks, pending patents, or other intellectual or proprietary rights or any other content. Any copying, redistribution, retransmission or publication of any downloaded material is strictly prohibited without the express written consent of TAZ or any third-party information provider to the Service. You agree not to change or delete any notices from materials downloaded from the Service. You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and/or technologies existing now or hereinafter developed. You agree not to display or use any TAZ intellectual property without TAZ’s written permission and subject to any conditions of use required by TAZ, in TAZ’s sole discretion.
Use of the Service and Products
. You understand that TAZ does not operate, control or endorse any information, merchandise, products or services offered via the Service. Except for TAZ identified information, all information, products and services offered through the Service are offered by third parties that are not affiliated with TAZ.
You also understand that TAZ cannot and does not guarantee or warrant that the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or that our servers are free of viruses or other harmful components; or that the Service will otherwise meet your expectations. You are solely responsible for implementing sufficient and necessary procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Service and the products, merchandise or service selections that you make. TAZ does not make
or offer any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non- infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, any products, information or service provided through the Service and TAZ shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all products, merchandise, services, opinions, advice, advertising language, marketing, testimonials and third-party testing and reports. You acknowledge that any products or services available through the Service may be defective or may contain inaccuracies or errors and we expressly exclude and disclaim any and all liability for any such defects, inaccuracies or errors to the fullest extent permitted by law.
TAZ does not warrant that the Service will be uninterrupted or error-free, reliable, secure or that defects in the service will be corrected.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that TAZ endorses the website(s). TAZ has no responsibility for the content or your use or access of the linked website(s).
You understand further that the Internet contains unedited materials some of which are sexually explicit or otherwise offensive to you. You access such materials at your sole risk. TAZ has no control over and accepts no responsibility whatsoever for such matters. In no event will TAZ be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service or downloaded from the service, even if TAZ or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information received through the Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, TAZ’s liability is limited to the greatest extent permitted by law.
Indemnification
. To the maximum extent allowed by law and except to the extent caused by the negligence or willful misconduct of TAZ, you agree to indemnify, defend and hold harmless TAZ, Todd Wenzel, Inc., theirs officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, suits, claims, damages and costs, including reasonable attorneys' fees, resulting from any breach of this Agreement or any activity related to you, your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
Third Party Rights
. The provisions of these Terms of Use, including, but not limited to all disclaimers and indemnities are for the benefit of TAZ and Todd Wenzel, Inc., and its officers, directors, employees, agents, licensors, suppliers, and any third-party information, merchandise or product providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly on its own behalf.
Termination
. We reserve the right to terminate your right to use of the Service if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of your right to use the Site, we will remove your account privileges. We will have no obligation to return to you any submitted data. The disclaimers, indemnities and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if TAZ terminates your right to use the Service is to receive any products selected but not processed prior to termination, if any.
Miscellaneous
. This Agreement shall all be governed and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed in Georgia. You agree that any legal action or proceeding between TAZ and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state of Georgia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TAZ's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TAZ may assign its rights and duties under this Agreement to any party at any time without notice to you. Except as otherwise set out herein, any alterations, variations, modifications, or waivers of the provisions of these Terms shall only be valid when agreed upon, in writing, by TAZ. The provisions of these Terms shall be deemed severable. If any part of these terms is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of these Terms unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Terms with respect to either party. The provisions of this Agreement that by their nature survive completion of the Services or termination of this Agreement, including, without limitation, all disclaimers, indemnities, and confidentiality obligations shall remain in full force and effect after completion of the Services or termination of this Agreement.
If you have any customer service-related questions, please contact: support@awardsloyalty.com