Introduction
These Terms of Use (“Terms”) constitute a legally binding agreement between you and Mercedes-Benz HPC North America LLC ("Mercedes-Benz HPC", "MBHPC", "we", "our", or "us") and set forth MBHPC’s obligations to you, and your obligations to MBHPC in relation to your access and use of MBHPC’s website and all materials located at such website (collectively, this "Site"). These Terms and our "Privacy Statement" make up the entire agreement between you and MBHPC related to your use of the Site.
By accessing and using the Site, you affirm that you are at least 18 years old or have parental or guardian permission to use the Site and that you are fully competent to enter into this agreement with MBHPC. You further agree that you will not use the Site for any unlawful or fraudulent purpose or in any manner inconsistent with these Terms. You further warrant that you will not violate or attempt to violate the security of the Site, including without limitation: (i) accessing data not intended for you or logging onto a server that you are not authorized to access; (ii) trying to change the appearance, features, or functionality of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with or interrupt in any way service to any user, host, network, or system including, without limitation, infecting, overloading, “flooding,” “spamming,” “mailbombing,” “crashing” or otherwise attacking the Site or (vi) sending communications on behalf of the Site (i.e., impersonating MBHPC). If you do not agree to these Terms, then do not use the Site.
Use of the Site
Subject to the terms and conditions set forth in this Agreement, MBHPC grants you a non-exclusive, revocable, non-transferable, limited right to access, use, and display this Site. You are authorized to view and utilize the Site only for your personal, non-commercial use. The information contained on this Site is provided solely for general informational purposes. The accuracy of this information cannot be guaranteed, particularly since this information is subject to change. You must retain, on all copies or displays of the Site, all copyright and other proprietary notices contained on the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site provided the link does not portray MBHPC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any trademark or other copyrighted material as part of the link without MBHPC’s express written permission. You may not frame or utilize framing techniques to enclose any trademarks or other copyrighted material without MBHPC’s express written consent. You may not use any meta tags or any other hidden text utilizing the trademarks and other copyrighted material without MBHPC’s express written permission. You agree to abide by any other term or condition contained on or added to the Site, as may be supplemented from time to time.
As a term and condition of use of this Site, you agree that you will not use this Site to: (i) misappropriate the intellectual property rights of MBHPC or its affiliates; (ii) attempt to deface, modify or manipulate this Site or employ any tactic to defeat or evade any security feature employed on the Site; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Site; or any customer, vendor, dealer, or employee of MBHPC; and (iv) modify, erase or damage any information contained on the Site or any computer hardware or information storage device owned or used by MBHPC. As an additional term and condition of use of the Site, you agree to not use any process, research method or tactic to recreate or replicate the features, functions, or design of the Site through reverse engineering.
Use of the Site requires a computer, mobile phone, tablet, or other smart device with a compatible browser and internet access. The information and materials on the Site are intended for use in the United States. MBHPC makes no representations with respect to the usability of the Site anywhere else. The Site may contain references to products and services that are not available or are prohibited in your country. If you access the Site from outside the United States, you are responsible for complying with applicable laws.
Copyrights and Trademarks
Copyright 2024 Mercedes-Benz HPC North America LLC. All Rights Reserved. The text, images, graphics, sound files, animation files, video files, button icons, digital downloads, data compilations, and their arrangement on the Site are all subject to United States and international copyright laws and other intellectual property protection, and are the property of MBHPC or its affiliates. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites.
Unless otherwise indicated, all marks displayed on the Site are subject to the trademark and service mark rights of Mercedes-Benz HPC North America LLC, Mercedes- Benz Group AG, and their affiliates.
Third-Party Links
The Site may contain links to other websites, including other Mercedes-Benz websites, partner websites, social media websites, event websites, and other third parties and companies whose trademarks may appear on the Site. We are not responsible for the information collection practices or the content of the websites to which we link. You should be aware that, unless otherwise indicated, these Terms do not govern third-party websites you visit, including those that may be hyperlinked for convenience. We encourage you to review the applicable terms and policies of any third-party website.
Disclaimer of Warranties
MBHPC MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS; (ii) ERRORS OR DEFECTS WILL BE CORRECTED; OR (iii) INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THE SITE AND THE MATERIALS AND INFORMATION PROVIDED ON THIS SITE ARE PROVIDED "AS IS," "AS AVAILABLE," 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 NONINFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. IT IS THE SOLE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MERCEDES-BENZ HPC NORTH AMERICA LLC OR ANY OF ITS AFFILIATES (INCLUDING SUBSIDARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND INSURERS) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR ARE RELATED TO THE USE OF THIS SITE OR THE ACCESS OF INFORMATION PROVIDED HEREIN, OR THE USE OR ACCESS OF, OR THE INABILITY TO USE OR ACCESS, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE, OR ANY LINKED INTERNET SITE, EVEN IF MBHPC IS EXPRESSLY ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE). TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION, OR PORTIONS OF IT, MAY NOT APPLY TO YOU.
BY YOUR USAGE OF THIS SITE, YOU AGREE TO RELEASE MERCEDES-BENZ HPC NORTH AMERICA LLC AND ITS AFFILIATES (INCLUDING SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND INSURERS) FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR ATTEMPTED USE OF THIS SITE. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT: " A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." YOU ALSO WAIVE ANY PROVISION OF THE STATUTORY OR NONSTATUTORY LAW OF ANY JURISDICTION THAT IS SIMILAR IN WORDING OR EFFECT TO CALIFORNIA CIVIL CODE SECTION 1542.
TO THE EXTENT THAT THE FOREGOING LIMITATION IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MHBPC OR ITS AFFILIATES (INCLUDING SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND INSURERS), FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, ANY LINKED INTERNET SITE, OR THESE TERMS, SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO $100, UNDER ANY CIRCUMSTANCES.
Indemnification
You agree to indemnify and hold MBHPC and its affiliates harmless, and, at MBHPC’s request, to defend MBHPC and its affiliates from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Site; (ii) your violation of these Terms; (iii) the infringement by you of any right of any person or entity; or (iv) any other activities of yours accomplished using the Site. This indemnity shall be in addition to and not limited by any other indemnity.
General Terms
Governing Law; Disputes
These Terms shall be governed by and construed in accordance with the laws of State of New York. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of New York, without regard to any conflict of law provisions. You hereby agree that any and all legal claims concerning your use of the Site must be commenced within one (1) year after the claim or cause of action arises or they will be time-barred.
Severability
If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
Modifications
We may modify these Terms at any time. All updates and amendments are effective immediately upon notice, which we may provide by any legal means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. Continued use of the Site post-modification constitutes your agreement to be bound by the modified Terms.
Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms.