Legal Terms and Conditions

AGREEMENT BETWEEN USER AND SAENZ PERFORMANCE
This Web site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

PRIVACY POLICY
To protect your privacy, Saenz Performance follows four principles in accordance with worldwide practices for customer privacy and data protection.

PRINCIPLE 1 -- NOTICE
We will ask you when we need information that personally identifies you (Personal Information) or allows us to contact you. Generally this information is requested when you are asked to register before requesting a quote, ordering e-mail newsletters or joining a limited-access premium area of our site.

PRINCIPLE 2 - CONSENT
If you choose not to register or provide personal information, you can still use most of the Saenz Performance site. But you will not be able to access areas that require registration.

If you decide to register, you will be able to select the information you want to receive from Saenz Performance by subscribing to various services, like our electronic newsletters.

Saenz Performance reserves the right in the future to occasionally allow other companies to offer our registered customers information about their products and services, using postal mail only. If you do not want to receive these offers, you should uncheck the Contact Options section stating, "Partners can send me postal mail about their services or products."

PRINCIPLE 3 - SECURITY
Saenz Performancestrictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

PRINCIPLE 4 - ENFORCEMENT
If for some reason you believe Saenz Performance has not adhered to these principles, please notify us by e-mail, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

NOTICE TO PARENTS
Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet. You can find a wealth of information at Microsoft's Internet Safety pages.

CUSTOMER PROFILES
As mentioned above, every registered partner has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It enables seamless travel across Saenz Performance, allowing you to order free newsletters, and visit premium sites without having to fill out registration forms with information you've already provided. Even if you switch computers, you won't have to re-register - just use your e-mail address and password to identify yourself.

COPYRIGHT AND TRADEMARK NOTICES
Copyright 2008, Saenz Performance, Inc. All rights reserved.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SAENZ AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THIS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SAENZ AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SAENZ PERFORMANCE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SAENZ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SAENZ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to Saenz Performance that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than Saenz. Such hyperlinks are provided for your reference only. Saenz Performance does not control such Web sites, and is not responsible for their contents. Saenz's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

USE OF ONLINE WEB COMMUNITIES
If this Web site contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively, "Communities"), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:

·         Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·         Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

·         Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

·         Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

·         Advertise or offer to sell any goods or services for any commercial purpose.

·         Conduct or forward surveys, contests, pyramid schemes or chain letters.

·         Download any file posted by another user of a Community that you know, or reasonably should know, cannot be legally distributed in such manner.

·         Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

·         Restrict or inhibit any other user from using and enjoying the Communities.

Saenz Performance reserves the right to terminate your access to any or all of the Communities at any time without notice for any reason whatsoever. Saenz Performance has no obligation to monitor the Communities. However, Saenz Performance reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Saenz's sole discretion. You acknowledge that all Communities are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. Saenz Performance does not control or endorse the content, messages or information found in any Community and, therefore, Saenz Performance specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Community managers and hosts are not authorized Saenz Performance spokespersons, and their views do not necessarily reflect those of Saenz.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Web site, you are granting Saenz Performance permission to:

1.      Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.

2.      Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

MODIFICATION OF THESE TERMS AND CONDITIONS
Saenz Performance reserves the right to change the terms, conditions, and notices under which this Web site is offered. Your continued use of this Web site after any such change signifies your acceptance of the then-current terms, conditions and notices.

ACCESS RESTRICTION
Saenz Performance reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

GENERAL
This agreement is governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County, Florida, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Saenz Performance as a result of this agreement or use of this Web site. Saenz's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Saenz's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Saenz Performance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Saenz Performance with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Saenz Performance with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.