Terms of Use – Roush

Access to this Internet Site is subject to the terms of this “Internet Site Terms of Use.”

The term “Roush” as used in this “Internet Site Terms of Use” shall mean ROUSH ENTERPRISES, INC. and its subsidiaries, and the respective subsidiaries and affiliated companies of each.

“Contents” of This Internet Site include but are not limited to: text, graphical images, audio, and underlying source/object code (such as, but not limited to, HTML code or Java code) of This Internet Site and any portion thereof.

Distribution, modification, reproduction, transmission, publication, broadcasting, posting or other use of the Contents (which are not graphical images) of This Internet Site is prohibited except pursuant to the following conditions:

The Contents may only be used for noncommercial or personal use and may not be copied or placed on any network computer or in any database or broadcasted in any media; and

The Contents of this Internet Site cannot be modified; and

Any copy of the Contents must include the copyright notice of ROUSH ENTERPRISES, INC.

Distribution, modification, reproduction, transmission, publication, broadcasting, posting or other use of the graphical images of This Internet Site is prohibited without the express written consent of ROUSH.

The information to the best of our knowledge is true and accurate. HOWEVER, ROUSH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OR THE PERFORMANCE OF THIS INTERNET SITE FOR ANY PURPOSE. ALL CONTENT AND PERFORMANCE OF THIS INTERNET SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ROUSH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT AND THE PERFORMANCE OF THIS INTERNET SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT SHALL ROUSH BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT OF THIS INTERNET SITE OR PERFORMANCE OF THIS INTERNET SITE.

You assume the entire risk of loss in using this Internet Site. ROUSH does not warrant that this Internet Site will meet your needs or expectations, that use of This Internet Site will be error free or uninterrupted, or that all nonconformities can or will be corrected. The Content and directory structure contained on This Internet Site are subject to change without notice.

You assume all responsibility of taking scanning for viruses, worms, trojan horses and other items of a destructive nature.

In any event, ROUSH’s entire liability as well as your sole and exclusive remedy shall not exceed the amount of monies paid by you to ROUSH for the Content on This Internet Site.

By transmitting or posting any communication or material to This Internet Site, you agree that ROUSH and/or its subsidiaries and affiliated companies may use your communication or material for any purpose, including reproduction, transmission, publication, broadcasting and posting of the communication or information, or use such communication or material in a product or service of ROUSH and/or its affiliated companies.

You cannot post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

Nothing on This Internet Site shall be deemed a recommendation to use any information in violation of existing patent rights or copyright laws.

Products, processes or technologies described on This Internet Site may be the subject of other Intellectual Property rights reserved by ROUSH. Nothing on this Internet Site shall be construed as conferring any license under any of ROUSH’s or any third party’s intellectual property rights.

You cannot post or transmit any material that could constitute a violation of the United States Copyright Laws.

Product names, logos, marks or the ROUSH name appearing in This Internet Site and/or designated with a ® or ™ are trademarks owned or licensed by ROUSH ENTERPRISES, INC. or its subsidiaries and affiliates.

The use or misuse of such trademarks or copyrighted materials except as noted above, is strictly prohibited.

In general, ROUSH believes that its links to publicly accessible third party Web pages is legally permissible and consistent with the common customary expectations of those who make use of the Internet. If an entity does not wish that ROUSH’s Internet Site link with their site, then ROUSH will remove the link from this Internet Site upon their written request. ROUSH makes no representations whatsoever about any other site which you may access through this one. A link to another entity’s site does not denote that ROUSH endorses or accepts any responsibility for the content, or the use, of such site.

Should any provision or portion of this Agreement be held invalid or unenforceable by a court of law or equity for any reason, it shall be deemed omitted, and all other provisions of the Agreement shall continue in full force and effect.