Terms of Service

  • Terms of Service:

    The following terms and conditions govern all use of the Myfourwheels.com website and all
    services and products available at or through the website (taken together, the Website). The Website is owned
    and operated by My Four Wheels ("My Four Wheels"). The Website is
    offered subject to your acceptance without modification of all of the terms and conditions contained herein and
    all other operating rules, policies (including, without
    limitation, My Four Wheels's Privacy Policy) and procedures that may be
    published from time to time on this Site by My Four Wheels (collectively, the "Agreement").

    Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the
    web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all
    the terms and conditions of this agreement, then you may not access the Website or use any services. If these
    terms and conditions are considered an offer by My Four Wheels, acceptance is expressly limited to
    these terms. The Website is available only to individuals who are at least 13 years

    1. Your Myfourwheels.com Account and Site. If you create a blog/site on the
      Website, you are responsible for maintaining the security of your account and blog, and you are fully
      responsible for all activities that occur under the account and any other actions taken in connection with
      the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner,
      including in a manner intended to trade on the name or reputation of others, and My Four Wheels may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise
      likely to cause My Four Wheels liability. You must immediately
      notify My Four Wheels of any unauthorized uses of your blog, your account or any other breaches
      of security. My Four Wheels will not be liable for any acts or omissions by You, including any
      damages of any kind incurred as a result of such acts or omissions.
    2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
      the Website, post links on the Website, or otherwise make (or allow any third party to make) material
      available by means of the Website (any such material, "Content"), You are entirely responsible for
      the content of, and any harm resulting from, that Content. That is the case regardless of whether the
      Content in question constitutes text, graphics, an audio file, or computer software. By making Content
      available, you represent and warrant that:

      • the downloading, copying and use of the Content will not infringe the proprietary rights, including
        but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
      • if your employer has rights to intellectual property you create, you have either (i) received
        permission from your employer to post or make available the Content, including but not limited to
        any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
      • you have fully complied with any third-party licenses relating to the Content, and have done all
        things necessary to successfully pass through to end users any required terms;
      • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful
        or destructive content;
      • the Content is not spam, is not machine- or randomly-generated, and does not
        contain unethical or unwanted commercial content designed to drive traffic to third party sites or
        boost the search engine rankings of third party sites, or to further unlawful acts (such as
        phishing) or mislead recipients as to the source of the material (such as spoofing);
      • the Content is not pornographic, does not contain threats or incite violence towards individuals or
        entities, and does not violate the privacy or publicity rights of any third party;
      • your blog is not getting advertised via unwanted electronic messages such as spam links on
        newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
      • your blog is not named in a manner that misleads your readers into thinking that you are another
        person or company. For example, your blog's URL or name is not the name of a person other than
        yourself or company other than your own; and
      • you have, in the case of Content that includes computer code, accurately categorized and/or
        described the type, nature, uses and effects of the materials, whether requested to do so by
        My Four Wheels or otherwise.

      By submitting Content to My Four Wheels for inclusion on your Website, you
      grant My Four Wheels a world-wide, royalty-free, and non-exclusive license to reproduce,
      modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting
      your blog. If you delete Content, My Four Wheels will use reasonable efforts to remove it
      from the Website, but you acknowledge that caching or references to the Content may not be made
      immediately unavailable.

      Without limiting any of those representations or warranties, My Four Wheels has the right
      (though not the obligation) to, in My Four Wheels's sole discretion (i) refuse or
      remove any content that, in My Four Wheels's reasonable opinion, violates
      any My Four Wheels policy or is in any way harmful or objectionable, or (ii) terminate or
      deny access to and use of the Website to any individual or entity for any reason,
      in My Four Wheels's sole discretion. My Four Wheels will have no
      obligation to provide a refund of any amounts previously paid.

    3. Payment and Renewal.
      • General Terms.
        By selecting a product or service, you agree to pay My Four Wheels the one-time and/or
        monthly or
        annual subscription fees indicated (additional payment terms may be included in other
        communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for
        an Upgrade and will cover the use of that service for a monthly or annual subscription period as
        indicated. Payments are not refundable.
      • Automatic Renewal.
        Unless you notify My Four Wheels before the end of the applicable subscription period
        that you want
        to cancel a subscription, your subscription will automatically renew and you authorize us to collect
        the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes)
        using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled
        at any time by submitting your request to My Four Wheels in writing.
    4. Services.
      • Fees; Payment. By signing up for a Services account you agree to
        pay My Four Wheels the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day
        your services are established and in advance of using such services. My Four Wheels reserves the
        right to change the payment terms and fees
        upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on
        thirty (30) days written notice
        to My Four Wheels.
      • Support. If your service includes access to priority email support. "Email
        support" means the ability to make requests for technical support assistance by email at any
        time (with reasonable efforts by My Four Wheels to respond within
        one business day) concerning the use of the VIP Services.
        means that support takes priority over support for users of the standard or
        free Myfourwheels.com services. All support will be provided in accordance
        with My Four Wheels standard services practices,
        procedures and policies.
    5. Responsibility of Website Visitors. My Four Wheels has not reviewed, and
      cannot review, all
      of the material, including computer software, posted to the Website, and cannot therefore be responsible for
      that material's content, use or effects. By operating the Website, My Four Wheels does not
      represent or imply
      that it endorses the material there posted, or that it believes such material to be accurate, useful or
      non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer
      systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may
      contain content that is offensive, indecent, or otherwise objectionable, as well as content containing
      technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that
      violates the privacy or publicity rights, or infringes the intellectual property and other proprietary
      rights, of third parties, or the downloading, copying or use of which is subject to additional terms and
      conditions, stated or unstated. My Four Wheels disclaims any responsibility for any harm
      resulting from the
      use by visitors of the Website, or from any downloading by those visitors of content there posted.
    6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the
      material, including computer software, made available through the websites and webpages to which
      Myfourwheels.com links, and that link to Myfourwheels.com.
      My Four Wheels does not have any control over those non-My Four Wheels websites
      and webpages, and is not responsible for their contents or their use. By linking to a
      non-My Four Wheels website or webpage, My Four Wheels does not represent or imply
      that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect
      yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
      content. My Four Wheels disclaims any responsibility for any harm resulting from your use of
      non-My Four Wheels websites and webpages.
    7. Copyright Infringement and DMCA Policy. As My Four Wheels asks others to
      respect its
      intellectual property rights, it respects the intellectual property rights of others. If you believe that
      material located on or linked to by Myfourwheels.com violates your copyright, you are
      encouraged to notify My Four Wheels in accordance with My Four Wheels's Digital Millennium Copyright Act ("DMCA") Policy.
      My Four Wheels will respond to all such notices, including as required or appropriate by
      removing the infringing material or disabling all links to the infringing
      material. My Four Wheels will terminate a visitor's access to and use of the Website if, under
      appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other
      intellectual property rights of My Four Wheels or others. In the case of such
      termination, My Four Wheels will have no obligation to provide a refund of any amounts
      previously paid to My Four Wheels.
    8. Intellectual Property. This Agreement does not transfer from My Four Wheels to you any My Four Wheels or third party intellectual property, and all right, title and
      interest in and to such property will remain (as between the parties) solely
      with My Four Wheels. My Four Wheels, Myfourwheels.com,
      the Myfourwheels.com logo, and all other trademarks, service marks, graphics and logos used
      in connection with Myfourwheels.com, or the Website are trademarks or registered trademarks
      of My Four Wheels or My Four Wheels's licensors. Other trademarks, service
      marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
      Your use of the Website grants you no right or license to reproduce or otherwise use
      any My Four Wheels or third-party trademarks.
    9. Advertisements. My Four Wheels reserves the right to display advertisements
      on your blog unless you have purchased an ad-free account.
    10. Attribution. My Four Wheels reserves the right to display attribution links
      such as 'Blog at Myfourwheels.com,' theme author, and font attribution in your blog footer
      or toolbar.
    11. Partner Products. By activating a partner product (e.g. theme) from one of our partners,
      you agree to that partner's terms of service. You can opt out of their terms of service at any time by
      de-activating the partner product.
    12. Domain Names. If you are registering a domain name, using or transferring a previously
      registered domain name, you acknowledge and agree that use of the domain name is also subject to the
      policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration
      Rights and Responsibilities
    13. Changes. My Four Wheels reserves the right, at its sole discretion, to modify
      or replace any
      part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
      continued use of or access to the Website following the posting of any changes to this Agreement constitutes
      acceptance of those changes. My Four Wheels may also, in the future, offer new services and/or
      through the Website (including, the release of new tools and resources). Such new features and/or services
      shall be subject to the terms and conditions of this Agreement.
    14. Termination. My Four Wheels may terminate your access to all or any part of
      the Website at
      any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
      this Agreement or your Myfourwheels.com account (if you have one), you may simply
      using the
      Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
      terminated by My Four Wheels if you materially breach this Agreement and fail to cure such
      breach within
      thirty (30) days from My Four Wheels's notice to you thereof;
      provided that, My Four Wheels can terminate the Website immediately as part of a general shut
      down of our
      service. All provisions of this Agreement which by their nature should survive termination shall survive
      termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
      limitations of liability.
    15. Disclaimer of Warranties. The Website is provided "as is".
      My Four Wheels and its suppliers and licensors hereby disclaim all warranties of any kind,
      express or
      implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose
      and non-infringement. Neither My Four Wheels nor its suppliers and licensors, makes any
      warranty that the
      Website will be error free or that access thereto will be continuous or uninterrupted. You understand that
      you download from, or otherwise obtain content or services through, the Website at your own discretion and
    16. Limitation of Liability. In no event will My Four Wheels,
      or its suppliers
      or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence,
      strict liability or other legal or equitable theory for: (i) any special, incidental or consequential
      damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or
      loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you
      to My Four Wheels under this agreement during
      the twelve (12) month period prior to the cause of
      action. My Four Wheels shall have no liability for any failure or delay due to matters beyond
      their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
    17. General Representation and Warranty. You represent and warrant that (i) your use of the
      Website will be in strict accordance with
      the My Four Wheels Privacy Policy, with this Agreement
      and with all applicable laws and regulations (including without limitation any local laws or regulations in
      your country, state, city, or other governmental area, regarding online conduct and acceptable content, and
      including all applicable laws regarding the transmission of technical data exported from the United States
      or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the
      intellectual property rights of any third party.
    18. Indemnification. You agree to indemnify and hold harmless My Four Wheels, its
      and its licensors, and their respective directors, officers, employees and agents from and against any and
      all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but
      not limited to your violation of this Agreement.
    19. Miscellaneous. This Agreement constitutes the entire agreement
      between My Four Wheels and
      you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an
      authorized executive of My Four Wheels, or by the posting by My Four Wheels of a
      revised version. Except to
      the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website
      will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions,
      and the proper
      venue for any disputes arising out of or relating to any of the same will be the state and federal courts
      located in state of California, U.S.A.. Except for claims for injunctive or equitable relief or
      claims regarding
      intellectual property rights (which may be brought in any competent court without the posting of a bond),
      any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive
      Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three
      arbitrators appointed in accordance with such Rules. The arbitration shall take place in
      state of California, U.S.A., in the English language and the arbitral decision may be
      in any court.
      The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and
      attorneys' fees. 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. You may assign your rights
      under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;
      My Four Wheels may assign its rights under this Agreement without condition. This Agreement
      will be binding
      upon and will inure to the benefit of the parties, their successors and permitted assigns.