We welcome you to our web site (the “Remy Site”), which contains information about Remy International, Inc. and its affiliated companies (collectively, “Remy”). We appreciate your interest in our company and its products and services.
ACCEPTANCE OF TERMS
USE OF SERVICES
As a condition of your use of this web site, you shall not use the Remy 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 Remy Site for any of the following purposes:
Materials uploaded to the Remy 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.
post or transmit through the Remy 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 Remy server, or the network(s) connected to any Remy server, or interfere with any other party's use and enjoyment of the Remy Site;
gain or attempt to gain unauthorized access to any web site, other accounts, computer systems or networks connected to any Remy server or any other Remy 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 Remy 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 Remy Site specifically allows such services.
You acknowledge, consent and agree that Remy 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 Remy, its users and the public.
THIRD PARTY SITES
The links throughout this site may direct you away from Remy’s Site. The linked sites are not under the control of Remy, and Remy 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. Remy is not responsible for webcasting or any other form of transmission received from any linked site. Remy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Remy of such site.
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).
You agree to defend, indemnify and hold harmless Remy 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 Remy 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.
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Remy Site by electronic mail or otherwise will be used by Remy in accordance with the Privacy Statement as posted on the Remy Site. Any other communication or material you transmit to the Remy 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.
Software and other materials from the Remy 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 Remy 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. Remy does not authorize the downloading or exportation of any software or technical data from the Remy Site to any jurisdiction prohibited by the United States Export Laws.
COPYRIGHTS AND TRADEMARKS
Unless otherwise marked, all subject matters on the Remy Site are copyrights, trademarks, trade dress and/or intellectual property owned, controlled or licensed to Remy, including without limitation the collection, arrangement and compilation of all content on the Remy Site, and are protected by United States and international intellectual property laws.
Remy reserves all rights related to the content of the Remy Site. In no way does access to the Remy Site confer, nor shall be considered as conferring upon anyone, any license under any of Remy's or any third party's intellectual property rights. Access to the Remy Site does not authorize anyone to use any name, logo or mark in any manner.
Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of Remy 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 Remy’s Designated Agent. If you believe that your copyrighted work has been infringed under United States copyright law and is accessible on the Remy 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 Remy'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 Remy's Designated Agent that includes the following:
For purposes of copyright infringement notifications, Remy's Designated Agent can be contacted as follows:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
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;
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
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.
Remy International, Inc.
600 Corporation Drive
Pendleton, Indiana 46064
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
These TOU represent the complete agreement between Remy and you and supersedes all prior agreements and representations between Remy and you. These TOU and your use of the Remy 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 Remy 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 Remy to act with respect to a breach of these TOU by you or others does not constitute a waiver and shall not limit Remy’s rights with respect to such breach or any subsequent breaches.
Any rights not expressly granted herein are reserved.
Remy International, Inc. and its subsidiary and affiliate companies (collectively, “Remy”) are committed to protecting your privacy. This Privacy Statement is intended to explain how Remy handles your personal information, including categories of personal data Remy may collect and the purposes for which Remy uses such data. By accessing Remy’s web site (the “Remy Site”), you consent to the data collection and use practices described in this Privacy Statement.
PERSONAL IDENTIFIABLE INFORMATION COLLECTED
In general, you can visit the Remy Site without telling us who you are or revealing any information about yourself. However, on some pages within the Remy Site, we may ask you for personal data to provide a service or carry out a transaction requested by you. The personal data that we collect may include without limitation:
You are not required to provide any of the above information. However, if you choose not to, Remy may not be able to provide you the requested service or complete your request.
Contact information such as your name, company/organization name, title, address, city, state, zip code, telephone and fax numbers, and email;
Information about your company and job description;
Demographic information such as age range, marital status, household composition, etc.;
Information such as your nationality and country of residence that allows us to determine your eligibility under export control regulations to receive information about certain technologies;
Your inquiries about and orders for our products and services, as well as information that assists us in identifying the best products and services for you;
Contest entry and event registration information; and
Feedback from you about our products and services (including the Remy Site).
To protect children's personal information and to meet the standards of the Children's Online Privacy Protection Act (COPPA), Remy does not collect any personal information from children under 13 that can be used to specifically identify them.
AUTOMATIC DATA COLLECTION
Remy may collect certain non-personal data about all visitors to the Remy Site, including what pages they view, the number of bytes transferred, the links they click, Internet Protocol (IP) addresses, domain names, browser type, language, date/time of visit, and other such data and actions taken from visitors. Remy collects such data for site administration purposes and to track and monitor patterns of usage of our various users. Remy may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to improve security and customize our website content and advertising to deliver a better experience to our users.
USE OF PERSONAL INFORMATION
Remy may use any personal information collected from you for purposes of delivering services or executing transactions you request, communicating with you, and/or operating and improving Remy’s sites and services. Except as described herein, Remy will not share personal information that you provide to Remy via the Remy Site with any third party for their independent use without your permission. However, Remy may disclose certain information in the good-faith belief that such action is required in conjunction with a government inquiry, in litigation or dispute resolution, or to comply with legal requirements, procedures, regulations or statutes.
In connection with a job application or inquiry, you may provide Remy with data about yourself, including your educational/work backgrounds, resume, and other information, including your ethnicity and/or gender where required or permitted by law. Remy may use this information throughout the Remy companies and Remy’s joint ventures for the purpose of employment consideration. Remy may keep the information for future consideration unless you specifically direct us not to do so.
COOKIES AND OTHER TRACKING DEVICES
Remy may use “cookies” (small text files stored on your computer’s hard drive for electronic identification purposes) or other tracking devices on the Remy Site to preserve information between site visits and measure various site activity. You may elect to refuse such cookies. Please refer to your browser “Help” instructions to learn more about cookies and how to manage their use.
LINKS TO THIRD PARTY WEBSITES
Personal data collected on the Remy Site may be stored and processed in the United States or any other country in which Remy or its joint ventures maintain facilities. By choosing to use the Remy Site and to provide data to it, you consent to any such transfer of information outside of your country.
MODIFICATIONS TO THIS PRIVACY STATEMENT
Remy reserves the right to change this Privacy Statement at any time. Any such updates will be posted to the Remy Site in a timely manner.
This statement is effective as of June 30, 2009.
© 2009 Remy International, Inc. All rights reserved.