MSD Website License Agreement
Last Updated July 25, 2014
Any person accessing this site agrees to the following:
All website design, text, graphics, interfaces, and the selection and arrangement thereof and other materials and content on the MSD website are the copyrighted property of MSD Performance Products Inc. and its affiliated companies or licensors. "MSD Performance Products Inc." and all titles, names and graphics are trademarks of MSD or its program suppliers.
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.
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 MSD website. MSD, its affiliates, agents and related entities will not be liable for any disputes regarding ownership of images, text, material, or any other proprietary information. MSD, 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.
As a courtesy to you, MSD's site may offer links to other websites. Some of these sites may be affiliated with MSD, while others are not. MSD is not responsible for the contents of any website pages created and maintained by organizations independent of MSD. Visiting any such third-party website pages is at your own risk. MSD 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 MSD. 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 MSD 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, MSD, 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. MSD, 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 MSD, 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.
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
Below are some examples of the types of personal information MSD 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.
MSD 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 MSD’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
MSD may from time to time make certain personal information available to strategic partners that work with MSD to provide products and services, or that help MSD 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.
MSD 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.
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 MSD.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
Contact & Opt-Out Information
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.