Terms Of Use...

This Website is owned by American Custom Lifts. The Website provides businesses and consumers with free information about products and services offered by American Custom Lifts. This document, referred to as the "Agreement", explains the terms and conditions for using the Website and defines your rights and responsibilities. By using our Website, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable to you for some reason, then please do not use our Website. This Agreement was last updated on: February 1, 2002.

USING OUR CONTENT & WEBSITE

Our Proprietary Rights: Our Website may contain an assortment of information, data, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of American Custom Lifts or third parties. The Content in this Website is copyrighted individually and as a collective work. All rights are reserved. The name "American Custom Lifts" and other names appearing herein are the trademarks or registered trademarks of American Custom Lifts or the respective third party owners.

Linking to Our Site: You may not display our Content within a frame or border, or "deep link" or harvest Content located below our top-most URL. You will not link to our Website or Content in a manner that suggests an endorsement or affiliation between our sites without American Custom Lifts' prior written permission. You will promptly remove any link to our Website that we find objectionable upon request.

Reservation of Rights: All content, communications, software applications, digital products, updates and features of this Website are copyrighted by American Custom Lifts, our suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Website and related intellectual property rights will be narrowly interpreted by a court in our favor. You may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, or publicly display any copyrighted material from this Website without American Custom Lifts' prior written permission. You may not reverse engineer our Website or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.

THIRD PARTY PROVIDERS AND LINKS

American Custom Lifts acts as a distributor rather than a re-publisher of third party content displayed on the Website. Products and services offered by third parties on our Website are offered as a convenience to you. We have no control over third party content, products or services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may also impose additional or different conditions on your use of their content or services, so please read any additional terms that may be posted by such providers. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, PRODUCTS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.

PRIVACY POLICY

Links to our Privacy Policy are posted throughout our web site. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms. Third parties providing links on our Website may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details.

Linking to Our Site: You may not display our Content within a frame or border, or "deep link" or harvest Content located below our top-most URL. You will not link to our Website or Content in a manner that suggests an endorsement or affiliation between our sites without American Custom Lifts' prior written permission. You will promptly remove any link to our Website that we find objectionable upon request.

WARRANTIES AND LIABILITIES

Warranty Disclaimer: THIS WEBSITE IS PROVIDED BY AMERICAN CUSTOM LIFTS "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES. AMERICAN CUSTOM LIFTS IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH US. WE ARE NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.

Limitation of Liability: IN NO EVENT WILL AMERICAN CUSTOM LIFTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR OF ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST SAVINGS, LOST PROFITS, BUSINESS INTERRUPTION, LOST GOODWILL, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE.

Indemnification: You agree to defend, indemnify and hold harmless American Custom Lifts and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Website, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.

Protected Parties: THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT AMERICAN CUSTOM LIFTS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.

FORCE MAJEURE

American Custom Lifts is not responsible for any delay or failure in performance of the Website in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

GOVERNING LAW

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF CALIFORNIA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN SAN DIEGO, CALIFORNIA, BEFORE A SINGLE, NEUTRAL ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). Since we make no warranties about our Website and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree that it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).

RIGHT TO RELY ON INSTRUCTIONS

American Custom Lifts may act in reliance upon any instruction, information, document, filing, name, email address or password, if one is required, which meets any of the Website's automated criteria that are established from time to time, or which is believed by our personnel to be genuine. Maintaining the secrecy of your password, if one is required, is your responsibility. For any password-protected areas, we may assume that a person entering a username and associated password is, in fact, that user or is authorized by that user to act on his/her behalf. American Custom Lifts may assume that the latest email addresses and account information on file with us are accurate and current. When programmed to do so, the Website may take prescribed actions in the absence of receiving proper and complete contrary instructions.

CHANGES TO WEBSITE

We reserve the right to modify, change or discontinue the Website or any Content or feature at any time without notice. You agree that American Custom Lifts is not liable to you or to any third party as a result of any such action.

MISCELLANEOUS

This document reflects our entire and exclusive agreement about the use of this Website and supersedes all other agreements, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Website. Your continued use of this Website after the effective date of such amendment will constitute your acceptance of it. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

OFFICIAL CORRESPONDENCE

Official correspondence regarding this Website must be sent by postal mail to:

American Custom Lifts
24840 Lake Wohlford Court
Escondido, CA 92027