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Holley Website License Agreement

HOLLEY WEBSITE & APPLICATION LICENSE AGREEMENT

Holley Website & Application License Agreement

TERMS OF USE OF THE HOLLEY WEBSITE & APPLICATION(S)

Updated & Effective May 1, 2023

  • INTRODUCTION AND ACCEPTANCE

    Holley Performance Products, Inc. (“Company,” “we,” “us” and “our”) offers you access to its interactive online websites, applications, and services. These Terms of Use, together with our Privacy Policy, and any additional terms which might apply to certain products, applications(s) or services, govern your use of our websites (“Website”), products, applications(s) or services – together, our (“Services”). Our Services include www.holley.com and all other locations on which we place or reference these Terms of Use.

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. WHEN YOU ACCEPT THE TERMS OF USE DURING OUR SIGN-UP PROCESS OR WHEN YOU ACCESS OR USE THE SERVICES, (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENT”; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

  • INTELLECTUAL PROPERTY

    Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, Applications and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

  • ACCESS AND USE

    • We may offer certain portions of our Services at no charge (e.g., Websites) and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use our paid Services do not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices to computers, etc.).

    • Third-Party Terms:

      • IN CERTAIN INSTANCES, YOUR USE OF OUR WEBSITE OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY POLICIES OR OTHER TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

      • ii. Without limiting the foregoing, if we offer any mobile applications (“Applications”), you acknowledge and agree that the availability of our Applications and related Services are dependent on the third-party from whom you received the Application license, e.g., the Apple iTunes, Google Play, or other App stores (“App Store"). You acknowledge that these Terms of Use are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for its Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use our Applications, you must have access to a wireless network or cellular service as applicable, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., applicable federal, state, and local laws, and the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

    • Our Services are provided for your personal, non-commercial use only. You acknowledge that we reserve the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, trademark and copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, reverse engineer, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install and/or print Service Content (e.g., schematics for parts, warranties, manuals, etc.). In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.

    • Furthermore, except as expressly permitted in these Terms of Use, you may not:
      • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;

      • circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;

      • use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases;

      • collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, usernames, passwords, email addresses;

      • solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

      • attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;

      • decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;

      • use network-monitoring software to determine architecture of or extract usage data from our Services;

      • encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as defined below);

      • violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

      • engage in any conduct that would violate any law related to the control of emissions from motor vehicles, including illegally altering or modifying a vehicle’s required emission controls and equipment.

    • You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

    • You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by federal, state, or local law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences to you, your passengers, or bystanders. You assume sole responsibility for your use of the Services and Service Content, regardless if use of a Service or Service Content is possible while operating a motor vehicle, and under no circumstances will we be liable for any loss or damage caused by such use.

  • MOBILE APPLICATION USE
    • You must obey all laws, traffic rules, and traffic regulations governing the operation of your vehicle and use of the Application(s), and you will not access and/or use any Service or Application(s) in a manner that violates any law, rule, or regulation. Without limiting the foregoing, it is your sole responsibility to exercise discretion and observe all safety measures required by law, traffic rules, and traffic regulations while accessing and/or using the Services and Application(s). Access to and/or use of the Services and Application(s) are at your sole risk and your sole responsibility and the Services and Application(s) should be accessed and/or used only when you can safely operate them, and under no circumstances will we be liable for any loss or damage caused by such use;
    • If others use the Services or Application(s) through your user account or vehicle, you will ensure that they only use the Services or Application(s) when it is safe to do so, and in compliance with the law and these Terms of Use;
    • We may remotely deliver, install, update, or change the software used to deliver the services provided in the Application(s) or used by your vehicle systems which may change from time to time as set forth in section titled “Amendment”;
    • You understand that the download, operation and/or use of Applications(s) may: (i) have an unintended or adverse effect on your vehicle, any vehicular system or software operating in or with the Application(s), and/or one or more other Apps, (ii) result in a modification or change to your vehicle, any system or software operating in or with the vehicle, one or more other Application(s), and/or the functionality of any one or more of the foregoing; and/or (iii) render all or a portion of the vehicle, any system or software operating in or with the vehicle, and/or one or more other Application(s), lowered performance, inaccessible or unusable.  You understand and agree that the download, operation and use of Application(s) is at your own risk and is your own responsibility, and that we have no obligation to provide customer support for the Application(s) or with regard to any effect it may have on your vehicle, any system or software operating in or with the vehicle, and/or one or more other Application(s).
    • We have certain rights to use and share the information or materials you provide us, as defined in these Terms of Use and our Privacy Policy.

    USER REGISTRATION

    • IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES OR SERVICE CONTENT (ONLINE ORDERING, APPLICATION, ETC.) YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION.

    • If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant reg