You are reading these Terms because you are using a website owned, operated, and maintained by or on behalf of RELIC. RELIC may, at any time and without notice, amend these Terms, or may limit or deny access to, or change the content of, the website. You should periodically visit this page to review the then current Terms to which you are bound. These Terms are applicable to all RELIC websites.
RELIC, RELIC Cars, RELIC is Restoration, and RELIC product names, logos (including R), trade names and slogans are trademarks and the distinctive designs of RELIC are trade dress and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing on this website without the express prior written consent of RELIC, except as permitted by applicable laws. Other marks and logos shown on this website may be marks owned by third parties not affiliated with RELIC and are used with permission. Nothing shown on this website should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this website without the written permission of RELIC or the third-party owner. The use of any RELIC logo or mark, whether registered or unregistered, as a hyperlink to this website or any other RELIC website is strictly prohibited unless consented to in writing by RELIC.
Ownership of Content
All of the content on our website including text, software, script, code, design, graphics, photos, sound, video, articles, and all other content are owned by RELIC or others we license content from (“Content”), and are protected by copyright, trademark and other laws. All Content may not be used in any manner, except as provided in these Terms or in the website text, without RELIC’s prior written permission. Any unauthorized use of these materials may violate copyright, trademark and privacy laws, and other applicable statutes.
You may browse this website and download or print a copy of content displayed on the website for your personal use only and not for redistribution, unless consented to in writing by RELIC. To the extent RELIC approves the download or use of Content comprised of copyrights or copyrightable works, RELIC grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as RELIC makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. RELIC reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. RELIC reserves the right to take down any Content in violation of these terms or RELIC’s intellectual property rights. RELIC allowing you this limited use does not constitute a waiver of any of RELIC’s rights to the Content.
Outside of the specific usage rights granted to you by RELIC in connection with the website, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content without RELIC’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties. This limited consent shall automatically terminate upon your breach of any of these website Terms.
Not all information on this website may be current and RELIC does not guarantee the accuracy or reliability of such data. Specifications on the website are for comparison purposes only; specifications, standard equipment, options and pricing are subject to change without notice. Some options shown throughout this website may be unavailable when your car is restored/customized.
This website is provided as a convenience to you on an “as is” and “as available” basis. RELIC does not warrant that your access to these website pages will be uninterrupted or error-free. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SITE PAGES. RELIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF RELIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELIC assumes no responsibility and/or liability for any damages to or viruses that may infect your computer equipment or other property on account of or arising out of your use of or access to this website. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. RELIC’s liability in any case shall, however, be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless RELIC and its affiliates, successors and assigns, and its and their directors, officers, employees, agents or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by RELIC arising out of or relating to your use of the website, your violation of these Terms, or your violation of any rights of another.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL RELIC OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL RELIC OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO RELIC PURSUANT TO THESE TERMS.
This extends to your downloading, uploading or submission of any materials, data, text, images, video or audio from or to this Site, including but not limited to any issues caused by viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. In the event of any problem with this website, you agree that your sole remedy is to cease using the website.
To the fullest extent permitted by applicable law and except for small claims or if you choose to opt-out as provided below, you and RELIC agree to resolve any claims, demands, disagreements, or disputes between us whether based in contract, tort, statute or otherwise arising from or related to these Terms or our relationship, including advertising and other communications between you and RELIC and RELIC’s Products or Services by binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, unless you and we agree otherwise. For more information on arbitration and to access the AAA Consumer Arbitration Rules, please visit: www.adr.org. If the AAA Consumer Arbitration Rules conflict with this Agreement, then this Agreement shall control. You and we understand that we are both waiving our rights to go to court (other than small claims court, as provided below), to present our claims to a jury and to have claims resolved by a jury trial, and also that judicial appeal rights, if any, are more limited in arbitration than they would be in court.
Unless otherwise prohibited by federal or state law or regulation, any arbitration, and any award issued in an arbitration, shall be kept confidential, except to the extent necessary to seek court intervention (such as to enforce an award).
Initial Dispute Resolution Requirement
Most disputes can be resolved without resort to arbitration or small claims court. For any Dispute, you and we agree that before taking any formal action to initiate arbitration or a small claims suit we will contact the other in an attempt to resolve the Dispute. You will contact us at [email protected] and provide a brief, written description of the Dispute and your contact information (including your contract number, if you have one). We will contact you at your contact information on file with RELIC. You and RELIC agree to use reasonable efforts to settle any Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit or arbitration.
Filing a Demand for Arbitration
If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration. In order to initiate arbitration, you must file an arbitration demand with AAA. You can find information about AAA and file your arbitration demand at https://www.adr.org/support. You are also required to send a copy of the arbitration demand to us and you should send it by email to: [email protected]
Fees & Costs
AAA’s Consumer Arbitration Rules will govern the allocation of arbitration fees and costs between you and RELIC. However, if your arbitration case filing fee exceeds the filing fee you would pay to file the action in a court of law, RELIC will pay the amount of your case filing fee in excess of the filing fee you would pay in a court of law. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if s/he finds that applicable law allows such reimbursement because your claims were frivolous or brought in bad faith. You are responsible for your own attorneys’ fees unless applicable law provides otherwise.
Arbitration Location and Procedure
Arbitration shall be initiated and take place in the city of Houston, Texas., If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and RELIC submit to the arbitrator. If your claim exceeds $25,000, you and RELIC may agree to conduct arbitration by videoconference or teleconference or conduct a document-only arbitration without any hearing.
This Dispute Resolution – Arbitration and Class Action Waiver, its subject matter, formation and enforceability will be governed by the Federal Arbitration Act as interpreted by the federal courts, and not any state law regarding arbitration.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Section, including but not limited to any claim that all or any part of this Section is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. However, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. The arbitrator shall be empowered to grant whatever relief would be available to you in your individual capacity in a court under law or in equity, including public injunctive relief. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver
The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RELIC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR RELIC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court or arbitrator finds this Class Action Waiver provision to be unenforceable as to a particular class or representative action, then this entire Dispute Resolution – Arbitration and Class Action Waiver Section shall be null and void as to that class or representative action, and the action may only be brought in court rather than in arbitration.
Small Claims Court
Subject to the Initial Dispute Resolution Requirement, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum.
You may opt-out of this Dispute Resolution – Arbitration and Class Action Waiver Section within 30 days from the date you electronically sign this Agreement (your acceptance of these Terms provides your electronic signature to this Agreement), by sending an email to [email protected] . You agree that any request will not apply to subsequent agreements between you and RELIC unless the other agreement provides an option to opt out and you follow the requirements outlined in that agreement.
Except as provided in the Class Action Waiver Section above, if any competent legal authority determines any part of this Dispute Resolution – Arbitration and Class Action Waiver Section is illegal or unenforceable, then such part will be eliminated and the remainder of this Dispute Resolution – Arbitration and Class Action Waiver Section will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
This Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of this Agreement and/or your relationship with RELIC, including the end of any promotion or contest, opt-out of communication or other use or participation in any RELIC Product or Service.