TERMS OF USE
PLEASE READ THESE TERMS OF USE (“TERMS AND/OR AGREEMENT”) BEFORE USING OR ACCESSING ANY PORTION OF THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
General Information
Welcome to the Website for Auto-Mark, Inc. dba Sea Foam Sales Company and its affiliates (collectively referred to as “Sea Foam”). This Website is owned, operated, and maintained by Sea Foam and/or its affiliates and offers general information about our company, its products, product use, and other information and listing of general interest. The products referred to in this Website may not be available in your country. “Website or Websites” as used in these Terms includes our pages and applications on third-party social-networking services, including but not limited to, YouTube® Facebook® and X®(formerly known as Twitter®). Thank you for visiting and learning more about us.
These Terms govern your use of Sea Foam Websites in general. More specific and/or supplemental terms and/or conditions may apply to some Websites. PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY SEA FOAM OR SEA FOAM AFFILIATE WEBSITE.
Agreement to Terms of Use
EACH TIME YOU ACCESS AND/OR USE OUR WEBSITES OR SERVICES, YOU AGREE TO BE BOUND BY THE THEN-CURRENT TERMS OF USE, PRIVACY POLICY, AND/OR SUPPLEMENTAL TERMS AND CONDITIONS. You are also bound by the copyright notice and all applicable laws and regulations. Sea Foam reserves the right to change these Terms and change or delete information on this Website at any time. If any term, condition, or provision of these Terms are determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. These Terms constitute the entire Agreement between you and Sea Foam relating to the subject matter herein.
Binding Contract
These Terms are a contract between you and Sea Foam, a Minnesota corporation doing business at 510 N. Chestnut Street, Chaska, MN 55318, USA and its affiliates and subsidiaries. Other than as expressly stated herein, there are no third-party beneficiaries of this Contract.
Agreement
By using the Websites, you represent to Sea Foam that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you simply browse, use, or access a Sea Foam Website. If you do not agree to the Agreement, you may not use the Sea Foam Websites.
Use of Website and Website Material
This Website is provided for your personal and noncommercial use. You may not copy reproduce, republish, post, distribute, transmit, modify, scrape or data mine all or any part of material from this Website for commercial use without prior written approval of Sea Foam. You may copy material in limited quantities from this Website for your personal noncommercial use, provided that our copyright notice is affixed to the copied material. The copyright notice should appear as follows:
© Sea Foam Sales Company 2023. All rights reserved.
Sea Foam reserves the right to terminate at any time your permission to make personal copies of the material from this Website.
Sea Foam encourages user participation on this Website. You are, however, prohibited from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct. Sea Foam may from time to time monitor or review material transmitted or posted using this Website and reserves the right to delete any material the company deems inappropriate. Sea Foam is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Website.
Use of Cookies and Other Technologies
Sea Foam uses one or more companies to place advertisements for our products and services and those of third parties on our Site and third-party sites. Cookies and other technologies such as Web beacons, pixels, or tags are used to measure the effectiveness of our ads and to determine the display of content and advertising to you based on your interests both on our site, as well as on third-party sites and mobile apps where you may visit. To support this interest based advertising solution, we, and companies who we have contracted with, may use non-personally identifiable information about your visits to our and other Web sites. The information collected does not enable any third-party to identify you individually, without appropriate notice or consent.
Although it is our hope that you find the display of advertising to you based on your non-personally identifying browsing interests valuable, if you would prefer not to participate in the services offered through these solutions, you can always opt-out of this activity by visiting the Network Advertising Initiative (NAI) website by clicking http://www.networkadvertising.org/managing/opt_out.asp
Consent to Messages
When you use Sea Foam Websites, you may be given the opportunity to consent to receive communications from us through email, text, and/or other means. Standard text and calling rates will apply. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, or by following other instructions in the communication. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SEA FOAM WEBSITES.
Contests, Sweepstakes and Promotions
Contests, sweepstakes and other similar promotions that you enter on a Sea Foam Website or in connection with Sea Foam integrations with a third-party website, service, application, platform, and/or content, including e-mails (“Sea Foam Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Sea Foam Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Sea Foam Promotion, please first review the applicable official rules and/or conditions. If a Sea Foam Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Sea Foam Promotion. Your entry to a Sea Foam Promotion may require the creation and or submission and consent for use of User Generated Content and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content.
Privacy
You are encouraged to review our Privacy Policy for more detailed information on our Privacy Practices. Sea Foam operates in the United States. In certain instances, user data from other jurisdictions may be transferred to the United States for review or Processing. The vast majority of information collected by Sea Foam is non-personally identifiable.
BY USING THIS SITE AND/OR PROVIDING INFORMATION TO SEA FOAM YOU ACKNOWLEDGE AND CONSENT TO THE TRANSFER AND PROCESSING OF YOUR DATA IN THE UNITED STATES. AS OUTLINED HEREIN, SEA FOAM ACCEPTS NO LIABILITY RELATED TO THE TRANSFER AND PROCESSING OF YOUR INFORMATION AS OUTLINED IN THESE TERMS AND THE PRIVACY POLICY. YOU ARE ENCOURAGED TO REVIEW THESE DOCUMENTS CAREFULLY.
Disclaimer and Limitation of Liability
Sea Foam strives to provide accurate and up-to-date material on this Website. However, Sea Foam makes no warranties or representations and does not guarantee its accuracy or completeness. Sea Foam is not responsible for any errors or omissions in the materials, information, or hyperlinks provided on this Website, and your use of this Website is entirely at your own risk. Neither Sea Foam nor any other party involved in creating this Website shall be liable for any damages whatsoever, whether direct, indirect, or otherwise, arising out of anyone’s use of this Website.
DISCLAIMER OF WARRANTIES – THE SEA FOAM WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SEA FOAM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT (TEXT AND IMAGES) OF THIS WEBSITE. TO THE EXTENT PERMISSIBLE BY LAW, SEA FOAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHER, SEA FOAM DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES AND OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
LIMITATION OF LIABILITY – SEA FOAM SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL SEA FOAM BE LIABLE FOR ANY LOSS OR DAMAGE, INLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Ownership of Intellectual Property
All names, logos, service marks and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property, or used with permission or under license by Sea Foam. Your use of Content is strictly prohibited unless explicitly allowed in this Agreement.
User Generated Content
Sea Foam is eager to receive your comments, opinions, suggestions, ideas, concepts, still photographs, slides, graphics, visual effects, animated and/or motion pictures, audiovisual works and recorders, video, video recordings and answer your questions about our products and our company (“User Generated Content”). Keep in mind, however, that without limitation, Sea Foam and its affiliates shall, free of compensation, own all now known or hereafter existing rights to the User Generated Content and therefore Sea Foam shall be entitled to unrestricted use of the User Generated Content for any purposes whatsoever, commercial, or otherwise, including without limitation reproduction, disclosure, transmission, publication, or development. You, however, have the right to request that we cease using User Generated Content created by you that is a testimonial in favor of Sea Foam, and we agree to remove such testimonial from the Website within 30 days of our actual receipt of such request.
If User Generated Content is received, you acknowledge that (1) you are at least 18 years old; (2) the User Generated Content will not be considered confidential or proprietary, (3) Sea Foam is under no obligation to keep such information confidential, and (4) in the event Sea Foam is deemed not to be the owner of User Generated Content, Sea Foam will have unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submission in any manner it chooses.
Jurisdiction and Choice of Forum
This Website is managed by Sea Foam from its corporate office within the state of Minnesota, United States of America. This agreement shall be governed by and construed in accordance with the laws of the state of Minnesota, without giving effect to any principles of conflicts of law. Your use of this Website represents your irrevocable consent to the exclusive jurisdiction and venue of Minnesota, and any legal proceedings shall be brought exclusively in a state or federal court located in Hennepin County, Minnesota.
Contact Information
If you have any questions, concerns, or comments about the Terms of Use, please contact us at [email protected].
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