Holley Website License Agreement

TERMS OF USE OF THE HOLLEY WEBSITE & PRIVACY POLICY

Last Updated July 25, 2014

TERMS OF USE

Any person accessing this site agrees to the following:

Before using this website or submitting any materials to the Holley Performance Products Inc., ("we," "us," or "Holley") website, read the following Terms of Use ("Terms of Use") carefully. Your use of the Holley website constitutes your acceptance of all of these Terms of Use.

Holley reserves the right, at any time, to modify, alter, or update these Terms of Use at any time without prior notice. Please check this website prior to each use for any changes or updates to these Terms of Use. You agree that each visit you make to this site shall be subject to the then-current Terms of Use.

All website design, text, graphics, interfaces, and the selection and arrangement thereof and other materials and content on the Holley website are the copyrighted property of Holley Performance Products Inc. and its affiliated companies or licensors. "Holley Performance Products Inc." and all titles, names and graphics are trademarks of Holley or its program suppliers.

You may view and download material from this website for personal and/or promotional commercial use if you are a direct or indirect customer of Holley, its affiliates, agents and related entities and provided you do not remove any trademark, copyright, or other notice contained in such materials. You may not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not create scandalous, obscene or immoral works using photographic and artistic images from the website nor distribute or sell the images as another image library or product. You also may not use the images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or service or violates any property, privacy or other rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Holley website. Any rights not expressly granted herein are reserved.

Those who choose to access this website from any and all locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

You may not use language or place any images, text, material, or information that is harmful, threatening, abusive, vulgar, discourteous, obscene, pornographic, profane, defamatory, infringing, indecent, harassing, or otherwise criminal in nature. You also may not post or transmit or place any images, text, material, or information that would violate rights of any third party, including property or privacy rights, or which contain a harmful component that could damage, disable, overburden, or impair the website or restrict, inhibit, or otherwise interfere with another party's use and enjoyment of the website or any services provided thereunder, including, but not limited to, uploading files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or program that may interrupt, limit or damage the operation of another's computer or property.

Holley is not responsible for material submitted to Holley or posted in chatrooms or on bulletin boards by website users. For any materials submitted by you to the Holley website, you represent and warrant that you own or otherwise control all of the rights to such materials, that they do not violate these Terms of Use, and that they will not cause injury to any person or entity. You grant Holley, its affiliates, agents, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all images, text, and materials provided to Holley, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Holley to include the images, text, and materials you provide in a searchable format that may be accessed by users of Holley's website and other websites. You further grant Holley, its affiliates, agents and related entities permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose, commercial, public or otherwise. All rights in this paragraph are granted in consideration of use of Holley's website, and services therein, without the need for additional compensation of any sort to you.

It is your responsibility to adhere to all applicable copyright, trademark, patent, intellectual property, and other laws that may apply to the images, text, and material submitted by you to the Holley website. Holley, its affiliates, agents and related entities will not be liable for any disputes regarding ownership of images, text, material, or any other proprietary information. Holley, its affiliates, agents and related entities disclaim any and all liability and losses arising from, but not limited to: access, delay or interruptions, Internet outages, disruptions caused by acts of God, disruptions caused by mechanical failure, disruption resulting from an interruption of your ISP service or internet connection, disruptions resulting from your personal computer settings, security settings, and email settings, disruptions from viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may interrupt, limit or damage the operation of a website, or disruptions or failures of any kind arising from incompatible technologies.

Holley reserves the right to review at any time and to delete any submitted images, text, material or information, in whole or in part, that may be deemed inappropriate or appear to be in violation of these Terms of Use. Holley makes such determinations at its sole discretion.

As a courtesy to you, Holley's site may offer links to other websites. Some of these sites may be affiliated with Holley, while others are not. Holley is not responsible for the contents of any website pages created and maintained by organizations independent of Holley. Visiting any such third-party website pages is at your own risk. Holley has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Holley. No authorization or permission is given for framing or linking to any pages of this site or any of its content, whether in whole or in part.

THE HOLLEY WEBSITE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOLLEY, ITS AFFILIATES, AGENTS AND RELATED ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES , EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. HOLLEY, ITS AFFILIATES, AGENTS AND RELATED ENTITIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE OR RELIABLE OR THAT THE WEBSITE WILL BE FREE OF ERRORS. You agree that Holley, its affiliates, agents and related entities will not be responsible for unauthorized access to or alteration to your transmissions, data, or submission of materials or for submissions to the website (for example, to Virtual Show and Shine) in your name, whether submitted by you or not.

IN NO EVENT WILL HOLLEY, ITS AFFILIATES, AGENTS AND RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR PERFORMANCE OF THE HOLLEY WEBSITE OR ANY RELATED SERVICES, (B) THE DELAY OR INABILITY TO USE THE HOLLEY WEBSITE OR RELATED SERVICES OR TO SUBMIT MATERIALS ON THIS WEBSITE OR (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE HOLLEY WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE HOLLEY WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. You agree to indemnify, defend and hold harmless Holley, its affiliates, agents and related entities harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to any claim that resulting from any violation of these Terms of Use, or any activity relating to use of the Holley website, any materials you submit, or violations of any rights of another by you.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of the Holley website and destroying all materials obtained from it. See Holley's Privacy Policy for disclosures relating to the collection and use of your information.

You must be at least 18 years of age to submit images, text, or materials to Holley (for example, on Virtual Show and Shine). Violation of these Terms of Use may result in termination of services and removal of any material submitted by you, without notification, and the possibility of civil/criminal damages as applicable by law.

This agreement will be governed by Commonwealth of Kentucky law without effect to any principles of conflicts of laws. Use of Holley's website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. You hereby agree that any cause of action that you may have with respect to Holley, its affiliates, agents and related entities or the Holley website must be filed in the United States District Court for the Western District of Kentucky or the Kentucky state court located in Bowling Green, Kentucky within one year of the time in which the events giving rise to the claim began, or you agree to waive such claim. You hereby consent to such venue and to the jurisdiction of such courts and to extraterritorial service of process. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to the terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Holley, its affiliates, agents and related entities regarding Holley's website. The failure of Holley, its affiliates, agents and related entities to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance, resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

PRIVACY POLICY

General
This Privacy Policy, together with the Terms of Use above, sets forth the general rules and policies governing your use of the Holley Performance Products Inc. website, as well as other transactions with us, such as in connection with our payment of contingency award claims. This Privacy Policy is the sole statement with respect to our privacy practices. Depending on your activities when visiting our website, or the circumstances of your transactions with us, you may be required to agree to additional terms and conditions.

We generally keep this Privacy Policy posted on our website and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. WHEN YOU ACCESS OUR WEBSITE, OR OTHERWISE TRANSACT BUSINESS WITH US, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE AND CEASE TRANSACTING BUSINESS WITH US.

Collection and Use of Information
We collect two kinds of information: (a) information that can be used to identify or contact a single person; and (b) information that does not personally identify a single person, which we automatically collect when people visit our website or that you provide us.

Personally Identifiable Information
As a general policy, we do not automatically collect personally identifiable information when you visit our website. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion, purchase or some other aspect of our website. Holley may share this personal information with its affiliates and use it consistent with this Privacy Policy. Holley and Holley’s affiliates may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in some cases we will not be able to provide you with our products or services or respond to any queries you may have.

Below are some examples of the types of personal information Holley may collect and how we may use it:

  • You may provide your name, mail/shipping address, email address, contact preferences, credit card number and phone number (or someone else’s name, address, e-mail, or phone number when buying and sending product to them) when, for example, using our online store or in connection with a contest entry.
  • You may provide certain demographic information about yourself (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a forum.
  • You may post a general comment or recommendation on our website.

Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, receive a benefit we may offer, or gain access to certain content on our website.

In the case of contingency award claims, we are required to collect your Social Security or Federal tax ID number and to obtain a completed Form W-9. We use this information to process your request, order or award, and to contact you with any questions about your request, order, or award. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email.

Holley will use your personal information as necessary to process your transactions with us. We may use your personal information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or upcoming events, or to communicate with you about content or other information you have posted or shared with us via our website. You may "opt out" of receiving future commercial and promotional email communications from us by clicking the "unsubscribe" link included at the bottom of most emails we send, or, if you have an account with us, updating your preferences; provided, however, we reserve the right to send you transactional emails such as customer service communications.

We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Holley’s products, services, and customer communications.

If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

Non-Personally Identifiable Information
We consider non-personally identifiable information to be any information that does not personally identify you. Non-personally identifiable information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personally identifiable information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personally identifiable information from you when you access our website. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the domain name of your Internet service provider (e.g., America Online, NetZero, etc.), the search terms you use on our website, the specific web pages you visit, and the duration of your visits.

Disclosure to Third Parties
Holley may from time to time make certain personal information available to strategic partners that work with Holley to provide products and services, or that help Holley market to customers. None of your personal information, including e-mail address, however, will be sold to any other company; except, in the event of a reorganization, merger, sale or bankruptcy we may sell or otherwise transfer any and all personal information we collect to the relevant third-party or third-parties.

Holley reserves the right to disclose any personal information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our website, or other users; or (d) in an emergency to protect the health and safety of our website's users or the general public.

Cookies and Other Information
We utilize cookie technology to store information on your computer system. This information does not contain any identifying or personal information about our customers. The information that is stored helps us identify what products we need to show you and what pages you have been to in our site. We collect information to monitor traffic patterns and site usage to help us improve the design and effectiveness of our site. This data does not contain any identifying personal information about our customers.

Your California Privacy Rights
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third- parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at the address set forth below.

Public Forums
We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our website can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personally identifiable information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.

Children
The features, programs, promotions and other aspects of our website requiring the submission of personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at the address set forth below. A parent or guardian of a child under the age of 13 may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof.

Keeping Your Information Secure
We maintain reasonable and appropriate security measures to protect your electronic personal information stored on our systems. We do not store your credit card information on our system; it is only used to process your transaction. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

About SSL Certificates
All event registration and order information is transmitted via Secure Socket Layer (SSL) technology and is encrypted by the software before the information is sent across the Internet. Network Solutions has certified holley.com is a secure network for e-commerce transactions. Please be sure that your browser is SSL-enabled. In order to view our site the way it was intended we recommend that you use the following browsers to avoid rendering issues, Microsoft Internet Explorer 7.0 or higher, Mozilla Firefox 2.0 or higher and Safari 3.0 or higher. For optimum security you should always upgrade your browser software to the latest version.

Links to Other Sites
Our website may contain links to other automotive-interest sites to help provide useful information to our customers. These sites may require you to input information for their data collection purposes. These sites should have separate privacy and data collection practices, independent of our practices. We have no responsibility or liability for these independent policies or actions and is not responsible for the privacy practice or the content of such websites.

Changes to This Policy
We reserve the right to change, update, or modify this Privacy Policy at any time. All changes and updates will be reflected on this page and it is your responsibility to review this page from time to time and to be aware of any changes to the Privacy Policy.

Contact & Opt-Out Information
You can help ensure that your contact information and preferences are accurate, complete and up-to-date by accessing your account at https://www.holley.com/account/. You may write to us as at Holley Performance Products Inc., 1801 Russellville Road, Bowling Green, Kentucky 42101 if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others. You may also "opt out" of receiving future commercial and promotional email communications from Holley by clicking the "unsubscribe" link included at the bottom of most emails we send or by going to https://www.holley.com/news/gearhead/subscribe/ and following the instructions to "unsubscribe."

If you contact us, we will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.