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Terms of Use Policy

OVERVIEW
We welcome you to our web site (the “Western Reman Site”), which contains information about Western Reman. We appreciate your interest in our company and its products and services.
 
ACCEPTANCE OF TERMS
These TERMS OF USE (“TOU”) represent a legal agreement between you and Western Reman. By accessing, browsing, or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this web site.
 
Western Reman may, without notice to you, at any time revise these TOU and any other information contained in this web site by updating this posting. Western Reman may also make improvements or changes in the products, services, features or programs described in this site at any time without notice. Please review these TOU from time to time to stay up-to-date with any changes. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the Western Reman site.
 
USE OF SERVICES
As a condition of your use of this web site, you shall not use the Western Reman Site for any purpose that is unlawful or prohibited by these TOU. In addition to the additional restrictions contained in these TOU, you may not use the Western Reman Site for any of the following purposes:
 
  • post or transmit through the Western Reman Site any material that violates or infringes in any way upon the rights of others, that is unlawful, abusive, defamatory, threatening, invasive of privacy or publicity rights, vulgar, profane, obscene or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law;
  • in any manner that could damage, disable, overburden, or impair any Western Reman server, or the network(s) connected to any Western Reman server, or interfere with any other party's use and enjoyment of the Western Reman Site;
  • gain or attempt to gain unauthorized access to any web site, other accounts, computer systems or networks connected to any Western Reman server or any other Western Reman network, through hacking, password mining or any other means;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Western Reman Site;
  • in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • 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 of any party;
  • upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • harvest or otherwise collect information about others, including e-mail addresses;
  • stalk or otherwise harass another;
  • create a false identity for the purpose of misleading others; and/or
  • advertise or offer to sell or buy any goods or services for any business purpose, unless the Western Reman Site specifically allows such services.
Materials uploaded to the Western Reman Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
 
You acknowledge, consent and agree that Western Reman may access, preserve and disclose your account information and certain content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these TOU; (3) respond to claims that any content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Western Reman, its users and the public.
 
THIRD PARTY SITES
The links throughout this site may direct you away from Western Reman’s Site. The linked sites are not under the control of Western Reman, and Western Reman is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Western Reman is not responsible for webcasting or any other form of transmission received from any linked site. Western Reman is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Western Reman of such site.
 
WARRANTIES
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE REMY SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE REMY SITE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REMY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, SECURITY OR NON-INFRINGEMENT.
 
REMY DOES NOT WARRANT THAT ANY REMY SITE CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY REMY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. REMY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST REMY WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
 
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Western Reman and its respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (1) your use of the Western Reman Site, (2) the content of any materials you submit, (3) any violation of any law or regulation by you, and (4) these TOU.
 
LIMITATION OF LIABILITY
YOU USE THE REMY SITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL REMY, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE EMPLOYEES, DIRECTORS, CONTRACTORS, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (1) THE USE OF, OR THE INABILITY TO USE, THE REMY SITE OR CONTENT THEREOF, OR (2) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE REMY SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF REMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
 
MOREOVER, UNDER NO CIRCUMSTANCES SHALL REMY, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE EMPLOYEES, DIRECTORS, CONTRACTORS, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND SUCH PARTY’S REASONABLE CONTROL.
 
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TOU APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
 
PRIVACY
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Western Reman Site by electronic mail or otherwise will be used by Western Reman in accordance with the Privacy Statement as posted on the Western Reman Site. Any other communication or material you transmit to the Western Reman Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. Email and other transmissions will not be encrypted or otherwise secured.
 
EXPORT CONTROL
Software and other materials from the Western Reman Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Western Reman Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Western Reman does not authorize the downloading or exportation of any software or technical data from the Western Reman Site to any jurisdiction prohibited by the United States Export Laws.
 
COPYRIGHTS AND TRADEMARKS
Unless otherwise marked, all subject matters on the Western Reman Site are copyrights, trademarks, trade dress and/or intellectual property owned, controlled or licensed to Western Reman, including without limitation the collection, arrangement and compilation of all content on the Western Reman Site, and are protected by United States and international intellectual property laws.
 
Western Reman reserves all rights related to the content of the Western Reman Site. In no way does access to the Western Reman Site confer, nor shall be considered as conferring upon anyone, any license under any of Western Reman's or any third party's intellectual property rights. Access to the Western Reman Site does not authorize anyone to use any name, logo or mark in any manner.
 
DMCA NOTICE
Procedure for Making and Responding to Claims of Copyright Infringement
 
It is the policy of Western Reman to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.
 
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Western Reman’s Designated Agent. If you believe that your copyrighted work has been infringed under United States copyright law and is accessible on the Western Reman Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Western Reman's Designated Agent listed below.
 
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Western Reman's Designated Agent that includes the following:
 
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit remyinc.com to locate the material;
  4. Information reasonably sufficient to permit remyinc.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For purposes of copyright infringement notifications, Western Reman's Designated Agent can be contacted as follows:
 
By mail:
Jeremiah Shives
Remy International, Inc.
600 Corporation Drive
Pendleton, Indiana 46064

By e-mail:
shives.jeremiah@remyinc.com
 
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
 
GENERAL
These TOU represent the complete agreement between Western Reman and you and supersedes all prior agreements and representations between Western Reman and you. These TOU and your use of the Western Reman Site shall be governed by and construed under Indiana law without regard to conflicts of law provisions, and any action or proceeding arising out of or related to these TOU or your use of the Western Reman Site must be brought in the state or federal courts of Indiana and you consent to the exclusive personal jurisdiction of such courts. If any provision of these TOU is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these TOU shall remain in full force and effect. Headings used in these TOU are for reference purposes only and in no way define or limit the scope of the respective section. The failure of Western Reman to act with respect to a breach of these TOU by you or others does not constitute a waiver and shall not limit Western Reman’s rights with respect to such breach or any subsequent breaches.
 
Any rights not expressly granted herein are reserved.
 
© 2009 Remy International, Inc. All rights reserved.