Terms of Service
By using the DashXL.net web site, a service of Palmer Performance Engineering, Inc., you are agreeing to be bound by the following
Terms of Service
Date of Last Revision: September 1, 2009.
Welcome to Palmer Performance Engineering DashXL Network. The Palmer Performance DashXL Network service and network (collectively, "the Site" or
"the Service") are operated by Palmer Performance Engineering, Inc. (collectively, "us," "we" or "The Company"). By accessing or using our web
site at www.dashxl.net or the mobile version thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to
VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Membership in the Service is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any
Service or the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, truthful, current and complete information about you as may be
prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain
and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be
fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software,
music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or
its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded,
scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are
eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of
any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all
copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet,
Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly
extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including
shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is
revocable at any time without notice and with or without cause.
Palmer Performance Engineering, Palmer Performance, DashXL, and other Company graphics, logos, designs, page headers, button icons, scripts and
service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and
trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any
manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the
You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no
materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or
infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain
libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
* harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for
the purposes of sending unsolicited emails or other unsolicited communications;
* use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
* use automated scripts to collect information from or otherwise interact with the Service or the Site;
* upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory,
infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially,
ethnically or otherwise objectionable;
* upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or
your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
* register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User
account on behalf of any group or entity;
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or
* abuse, harass, threaten, impersonate or intimidate other users;
* upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
* upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including,
addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
* solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful
* upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* intimidate or harass another;
* upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international
* use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service
or the Site;
* upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable, or that
restricts or inhibits any other person from using or enjoying the Site, or that may expose Company or its users to any harm or liability of any
Without limiting any of the foregoing, you also agree to abide by any Code of Conduct that Company may adopt that provides further information
regarding the authorized conduct of users on the Site.
User Content Posted on the Site
You are solely responsible for the dashboards, skin sets, photos, profiles (including your name, image, and likeness), messages, notes, text,
information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the
Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content
on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that, in its sole discretion,
the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content for any reason
or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Code of Conduct, or that might be
offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost
and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant
that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the
right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute (in any
manner, system, network or application) such User Content for any purpose, commercial, advertising, or otherwise (including use on or in connection
with the Site or the promotion thereof), to prepare derivative works of, or incorporate into other works, such User Content, and to grant and
authorize sublicenses of the foregoing. You acknowledge that the Company may retain archived copies of your User Content.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any
materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we
promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in
accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or
control, you may send a written notification of such infringement to our Designated Agent at [email protected].
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in
appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole
discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether
or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software
or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the
Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party
Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site
or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and
access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you
and other users.
We care about the privacy of our users and take care to protect that privacy. By using the Site or the Service, you are consenting to have your
personal data transferred to and processed in the United States.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or
in connection with the Service, whether posted or caused by users of the Site, by the Company, by third parties or by any of the equipment or
programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and
are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful
or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or
Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's
or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in
connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be
responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of
the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or
transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY
PLATFORM APPLICATIONS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM
APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR
MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU
DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR
COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform
Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any
affiliation therewith, by the Company.
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM
APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE
SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $30. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO
THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO
DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any
Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or
feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without
notice, including if it believes that you are under 18. When we are notified that a user has died, we will generally, but are not obligated to,
keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Utah, without regard to principles of conflict of laws,
any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith
other than in the state and federal courts of Utah, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum
non conveniens with respect to, venue and jurisdiction in the state and federal courts of Utah.
YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO
THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF
USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, in Utah
County, Utah. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial
Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer
Rules") (collectively the "AAA Rules"). The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules
and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be
excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is
deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE
PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or
use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners
and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees,
arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site
(including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other
users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service
("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term
"without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to
them in these Terms.
prior agreements between you and the Company relating to your use of the Site or the Service. The failure of the Company to exercise or enforce any
affect the validity and enforceability of any remaining provisions.