We're a two-person outfit and we're car and bike junkies with "real" jobs. We make these diagrams as something cool and useful to our fellow car and bike junkies and not to live in the "lap of luxury."
Normally I wouldn’t bother with something called “Terms and Conditions” but my attorney (I call him ‘the Beige Buffalo’) insists. Mostly, it just asks you to not steal (or use for free) the stuff we've worked hard to create.
But before we get into the legal language, let me first say that a color wiring diagram is not a replacement for wiring experience. You should let experience be your guide as to what you should and should not do without some help. If you are inexperienced, do whatever you can to find someone in your area – another enthusiast – to look over your shoulder until you learn your way around.
So here goes.
Please review our Privacy Notice, which also governs your visit to ColorWiringDiagrams.com, to understand our practices.
When you visit ColorWiringDiagrams.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notice, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that these terms and conditions of use is a document that serves as a "writing" as defined by law. You acknowledge that you have the capacity to print out this Agreement and store the same for record keeping purposes and waive any claim under the statute of frauds or any similar statute that would block enforceability or admissibility of this Agreement for failure to meet the requirement of a "writing."
COPYRIGHT – OUR STUFF
All content included on this site, such as diagrams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Prospero’s Garage or its content suppliers and protected by United States and international copyright laws. www.ColorWiringDiagrams.com, including all other URL’s owned by Prospero’s Garage and its owners, contains copyrighted material, trademarks and other proprietary information, including, but not limited to, diagrams, text, photos, video, and the entire contents of www.ColorWiringDiagrams.com are copyrighted as a collective work under the United States, Canadian and International copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way, exploit, the content, in whole or in part for any non-permitted purpose under the applicable copyright laws. You may download copyrighted material for your personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made unless Prospero’s Garage provides written authorization for you to do so. You acknowledge that you do not acquire any ownership rights by downloading copyrighted materials. Unless otherwise indicated, all displayed trademarks, service marks, trade dress and trade names are owned by Prospero’s Garage or its affiliates and are proprietary to Prospero’s Garage. The trademarks identifying the various makes and models of vehicles are owned by their manufacturers or affiliates thereof. Our use of these trademarks is merely to identify the make and model of the vehicle for which certain ones of our products are intended and should not be taken to mean that such manufactures endorse, are the source of, authorize or approve of Prospero’s Garage products. Any unauthorized use of Prospero’s Garage proprietary intellectual property rights will be addressed by Prospero’s Garage counsel.
Prospero’s Garage respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PROSPERO’S GARAGE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PROSPERO’S GARAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROSPERO’S GARAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROSPERO’S GARAGE DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM PROSPERO’S GARAGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROSPERO’S GARAGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS OPPORTUNITIES, AND CONSEQUENTIAL DAMAGES, EVEN IF MACNEIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE EXTENT THAT WE DISPLAY OR OFFER FOR SALE THE PRODUCTS OF THIRD PARTIES, OUR LISTING OR DISPLAY DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH PRODUCTS.
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 MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES – ****IMPORTANT, THIS AFFECTS YOUR RIGHTS
We agree that any dispute or claim relating in any way to your visit to ColorWiringDiagrams.com or to products or services sold or distributed by Prospero’s Garage or through ColorWiringDiagrams.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must contact us requesting arbitration and describing your claim to firstname.lastname@example.org. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Prospero’s Garage will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action, class arbitration, or a consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting and/or ordering through ColorWiringDiagrams.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Rhode Island, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Prospero’s Garage.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Prospero’s Garage and ColorWiringDiagrams.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Prospero’s Garage reserves the right to reject any order you place, and/or to limit quantities on any order, without giving any reason. If Prospero’s Garage rejects your order, we will generally attempt to notify you using your email address you gave when you placed the order.
The ColorWiringDiagrams.com site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Prospero’s Garage reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Prospero’s Garage will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Prospero’s Garage Return Policy.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
You agree to indemnify and hold Prospero’s Garage and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of www.ColorWiringDiagrams.com, your violation of this Agreement, or your violation of any rights of another.
Prospero’s Garage may provide, or third parties may provide, links to other Internet sites or resources. You acknowledge and agree that Prospero’s Garage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Prospero’s Garage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
SITE POLICIES, MODIFICATIONS AND SEVERABILITY
Please review our other policies, such as our shipping policy, posted on this site. These policies also govern your visit to ColorWiringDiagrams.com. We reserve the right to make changes to our site, policies and these terms and conditions at any time. You understand that the terms and conditions of this Agreement may be revised at any time by Prospero’s Garage, and agree that you will bound by such terms if you fail to give notice of objection within 40 days of receiving notification of the change in contractual terms via email delivered to the email address elsewhere provided by you. Please contact Prospero’s Garage customer service at the contact information provided on this site to discuss any provision of this Agreement that you object to before placing an order with Prospero’s Garage or your continued use of this site.
TERMINATION OF USE
Prospero’s Garage may, in its sole discretion, terminate your account or your use of the site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Prospero’s Garage reserves the right to change, suspend or discontinue all or any aspects of the website at any time without prior notice.
OUR CONTACT INFORMATION
Prospero’s Garage LLC – email@example.com